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Editorial

MR defends himself

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What has been widely described as the “historic” Supreme Court judgment which by a majority 4-1 decision of a five-judge bench held the Rajapaksa brothers, Mahinda, Gotabaya and Basil and other unelected officials including two past Governors of the Central Bank, a former Secretary to the President, a former Treasury Secretary and some members of the Central Bank Monetary Board responsible for landing the country in its current economic predicament. The judgment delivered on Nov. 14 was in time for the 2024 Budget, already passed at the second reading now being debated on the third reading is being freely quoted in the legislature.

The petitioners included the opposition Samagi Jana Balavegaya as well as some public interest activists maintained inter alia that reduction in government revenue due to unauthorized tax concessions costing government coffers Rs. 681 billion and the failure to rectify and retract the granted tax breaks had led to the economic downturn.

It also urged that the lack of transparency and accountability in high level decision making had resulted in the economic crisis the country continues to grapple with. Given the wide discussion the judgment triggered both in Parliament and outside, former President Mahinda Rajapaksa who has held the finance ministry on several occasions during his own presidency and that of his brother felt compelled to reply.

This he did in a tightly written and well argued statement published last week. Many observers believe that former Central Bank Governor Nivard Cabraal played a major role in drafting the statement that Mahinda Rajapaksa signed. Cabraal has the necesssary skills and the knowledge to make out a good case. In essence what the former president did, citing facts and figures, was to blame the previous Yahapalana leaders for the country’s bankruptcy.

He in effect said he left a healthy economy when he went out of office in 2015. He charged that it was his successor Maithripala Sirisena’s government which engaged in reckless financial profligacy leading the country to where it is at present. He claimed that raising nearly 15 billion dollars by way of international sovereign bonds was an altogether rash act.

However, the opposition argues that Sirisena’s administration was left with no option but to resort to expensive commercial borrowings to pay off the loans to build the Rajapaksa-era white elephants, including the Mattala airport, the Lotus Tower and Nelum Pokuna.

Growth during Mahinda Rajapaksa’s decade in power is also partly attributed to high defence expenditure. Every time a bullet was fired, it also boosted the GDP! Government expenditure is a key factor in calculating GDP and the lavish military budget helped swell GDP numbers.

President Rajapaksa, in his statement, used the Colombo Stock Exchange as a barometer for measuring what he claimed to be his successful economic management. But market watchers point out the existence of well-known cases of pump-and-dump in the stock market at that time. They also say that stock market investments by the EPF, holding the retirement funds of a very large number of private sector employees, need investigation. While a stock market could be an indicator, among other factors, of the health of an economy, it is not a sole criterion to be used. The MR defence statement used other indicators like GDP and Debt:GDP ratios.

The majority judgment has found that the respondents, Rajapaksa et al, had directly contributed to the results that led to the country’s present situation. It has held that they should have taken steps to resolve matters that negatively impacted on the economy and not allowed the problem to further aggravate. Saying that the respondents had full knowledge of the situation and power to prevent the calamity, the judgment has determined that there has been a violation of public trust and breaching of relevant constitutional provisions. All this, of course has been grist to the opposition mill. But the inescapable fact known to all is that the process has been growing over a period of many decades with the country being plagued by continuing deficit budgeting.

Just as much as incumbent President Wickremesinghe must be credited for pulling the country out of the unprecedented predicament it had plunged into, with never before seen queues for fuel particularly and acute hardship to ordinary people, President Mahinda Rajapaksa must also be credited for ending the long drawn war which cost the country much blood and treasure.

But the peace dividend that should have accrued has not yet been realized. Our defence expenditures continue to be in the billions and we have armed forces numbers totally unrelated to a country of our size not facing any external threat. But we have done little or nothing to trim their size and reduce the unaffordably huge expenditures lavished on them. There is also no effort whatever to reduce our bloated public service guzzling the lion’s share of state revenue.

Much finger pointing occurs on either side of the political divide on a daily basis. Maithripala Sirisena who became president on UNP votes and claimed that he would have been six feet under the ground had he lost the election, attempted in 2018 to get rid of his benefactor, Prime Minister Ranil Wickremesinghe, and install his once upon a time bete noir Mahinda Rajapaksa in his place.

Wickremesinghe who led a Mahinda hora chorus in the parliamentary chamber was elected to the presidency by the Rajapaksa party by whose grace and favour he continues to lead the country. We are heading for an election year and what will eventually happen in 2024 is an open question. All we can do is hope that the gods will smile down on us.



Editorial

Wisdom after the fact

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A lot of wisdom dawns after the fact; and this is what we have seen in the James Bond-style drama that unfolded in Hultsdorf on Wednesday when a high-profile prisoner, Ganemulla Sanjeewa described as an underworld kingpin, was shot dead in the dock by a gunman disguised as a lawyer. A woman accomplice, also pretending to be a lawyer, had smuggled in the revolver used for the shooting. This, ironically, was hidden in a copy of the Criminal Procedure Code hollowed out in the shape of the firearm used.

The victim, categorized as a high-profile prisoner, was brought to court from the Boossa Prison under armed Special Task Force (STF) escort. As he was considered a possible target given his previous criminal record, special arrangements had been made to produce him in court where he faced three cases. But all that proved to be of no avail as he was shot dead at point blank range.

Thanks to the STF which within hours arrested the suspected gunman at Pallavi near Puttalam, the law enforcers have been able to wipe some egg off their faces. But not all of it. The suspect’s woman accomplice has not been arrested at the time of writing although an island wide dragnet had been thrown to arrest her. A police constable who had telephone contact with her is under arrest. While this may not be directly connected to the crime, it speaks volumes of the company some policemen keep.

Undoubtedly there was some very smart police work, aided by CCTV footage from the crime scene, that led to the arrest on the very day the crime was committed. The clothing worn by the killer which he had ditched has been recovered, the vehicle he rode and its driver taken to custody and much more. Hopefully, photographs of the woman now widely distributed would help her early apprehension.

It is not known whether the main suspect now in custody was headed for the coast in an attempt to leave the country by fishing boat. Many criminals guilty of heinous offenses here, both during and after the civil war have escaped to India.

Some of them are now being brought back both from India as well as Dubai where a number of Lankan mobsters are holed out. Television visuals of some of these criminals/suspects with white cloth thrown over their heads being escorted out of the Bandaranaike International Airport is common fare in evening television news.

Some such criminals are reported to be directing underworld activities by telephone, sometimes with participation of jailbirds here. Thankfully, Interpol red notices and other devices used to combat global crime are helping law enforcement in many countries including Sri Lanka.

A lot of crime detection work is now possible by analyzing mobile telephone records. Journalist Keith Noyahr in 2008 was able to escape alive after being tortured by state agents thanks to the location of his whereabouts by telephone signals and a series of telephone calls by VVIPs in the dead of night. Noyahr subsequently fled the country and has refused to return to help prosecute his abductors.

Who can forget Kumaran Pathmanathan, best known by his initials as KP, reputed to be the LTTE’s chief arms procurer and designated as Prabhakaran’s successor who was arrested in Malaysia in August 2009 weeks after the war had ended and brought back to Sri Lanka during Gotabaya Rajapaksa’s time as defence secretary. Although a great ho ha was made about the arrest, he was never prosecuted and continues to live in the north where he has set up an NGO doing charity work enjoying security from successive governments.

Wednesday’s shooting at the Fort Magistrate’s Court in Hultsdorf is not the first of its kind. In January 2004, another underworld figure, Dhammika Amarasinghe, was similarly shot dead by a man disguised as a law student. The assailant was immediately overpowered, arrested and prosecuted. Apart from that, there have been dozens of killings of suspects as well as key witnesses, either on their way to or leaving court.

Then there was also the killing of High Court Judge Sarath Ambepitiya and his police bodyguard in November 2004. Ambepitiya was well known as a ‘no nonsense’ judge imposing stiff sentences on persons convicted in his court. These included a 200 year sentence on LTTE leader, Veupillai Prabhakaran, tried in absentia and jail terms for military personnel for murdering Tamil youth at the Bindunuwewa Rehabilitation Center. He also sentenced two Air Force officers to nine years jail for threatening a senior journalist. Fortunately, his killers were apprehended and successfully prosecuted.

For far too long, gangsters and hardcore criminals have had an unholy nexus with politicians who provided them with cover to thrive. Corruption within the criminal justice system has also encouraged organized crime. Names like Gonawela Sunil, pardoned for an offense of rape and the notorious Soththi Upali rewarded for his services with Gam Udawa contracts will be familiar to most readers.

Breaking this cycle requires urgent reforms, starting with the depoliticization of the police and the Attorney General’s Department. Ensuring these institutions function independently, free from political interference, will help restore public confidence in the justice system and curb the impunity enjoyed by organized crime networks.

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Editorial

Crime and politics

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Saturday 22nd February, 2025

The Sri Lanka police are known for their swift post-crime response, which however is selective in most cases. On Wednesday (19), they failed to protect an underworld character brought to the Colombo Magistrate’s court. Ganemulle Sanjeewa was shot while in the dock despite a heavy police presence at the court complex. Subsequently, he succumbed to his injuries in hospital. The assassin entered the courtroom, posing as a lawyer. In 2004, an underworld figure, Dhammika Amerasinghe was gunned down inside a courtroom at Hulftsdorp in a similar manner, and his killer was disguised as a law student. The police do not seem to learn from their lapses and blunders.

The NPP MPs never miss an opportunity to inveigh against their Opposition counterparts who were in previous governments that earned notoriety for using underworld gangs to do dirty work for them. The NPP is right in blaming the past governments for the rise of the underworld. Vilfredo Pareto has expounded the theory of the circulation of elites in power politics. In this country, regime changes lead to what may be called the circulation of underworld kingpins. This is how criminals such as Gonawala Sunil, Soththi Upali, Baddegana Sanjeweewa and Wambotta built crime syndicates under different governments.

Gonawala Sunil, a murderer serving a jail term for raping a teenage girl, was released from prison on a presidential pardon and used to unleash violence against the rivals of the UNP under President J. R. Jayewardene’s watch. Soththi Upali, a rapist and contract killer, became more powerful than the police, to all intents and purposes, under President’s Ranasinghe Premadasa’s government. He carried out a large number of attacks on the then Opposition with impunity. Beddegana Sanjeewa, a notorious killer, was appointed as a Reserve Police Inspector and recruited into the Presidential Security Division during President Chandrika Bandaranaike Kumaratunga’s rule. Wambotta, a much-dreaded killer faithfully served President Mahinda Rajapaksa’s government. All of them died violent deaths. There were countless other criminals working for powerful governments. One cannot but agree with the JVP-led NPP that the blame for the institutionalisation of political violence, and the rise of the underworld should be apportioned to the UNP, the SLFP, their coalition partners, and offshoots.

A part of the blame for the perpetuation of links between politicians and the underworld, and the culture of political violence should go to the public as well, for they have no qualms about voting for politicians with underworld connections. They have even elected some accused in murder cases to Parliament. It is said that the government you elect is the government you deserve. It may be people’s lenient attitude towards political violence that made them ignore the JVP’s violent past and vote the JVP-led NPP into power last year.

Making a special statement in Parliament, yesterday, Minister of Public Security and Parliamentary Affairs Ananda Wijepala said the police had arrested Ganemulle Sanjweea’s killer within eight hours of the incident. True, they did so, but that will not extenuate their failure to prevent a murder inside a courtroom. If it is true that the police arrested the murder suspect under their own steam, how come they failed to nab his female accomplice? She had not been arrested by yesterday evening.

Criminal gangs often squeal on one another either to remove their rivals from their path so as to dominate the underworld or to prevent the police from launching massive hunts when the perpetrators of high-profile crimes make good their escape. They often help the police make arrests for reasons of self-preservation. Perhaps, this is what happened after Wednesday’s courtroom killing.

Meanwhile, two policemen have been arrested in connection with the triple murder in Middeniya on Tuesday and the killing of Ganemulle Sanjeewa the following day. Another policeman who allegedly aided and abetted an abortive underworld operation to spring notorious criminal Harakkata free while being held at the CID headquarters, has been brought here from India, where he was arrested. A former Senior DIG has been sentenced to four years RI for having released a suspect arrested for the gang rape and murder of a schoolgirl, S. Vidya, in Pungudutivu in 2015, when he was serving in the North. A constable, who disappeared with his assault rifle has been arrested. There must be many more police personnel in league with criminals. Some military deserters and serving armed forces personnel have also been arrested for their underworld links. It has been revealed that Harakkata’s gang had hired several serving commandos to take part in their planned operation, which failed.

A country has its work cut out to rid itself of organised crime, when its politicians and rogue elements in the police and armed forces collude with the underworld, and the people vote for violent elements. So, the incumbent government should stop labouring under the delusion that the underworld can be neutralised in just months and double down on its efforts to achieve that end.

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Editorial

Budget sideshows

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Friday 21st February, 2025

A typical Sri Lankan budget debate is currently underway. The focus of most Opposition politicians is on the politics of the budget rather than its economics. Sideshows in the House usually eclipse the national budget.

The Opposition pretends to be scandalised that the JVP-led NPP government’s maiden budget is out of sync with the JVP’s core ideology. Its MPs are heard lamenting in Parliament that the NPP has deep-sixed the JVP’s original economic policies.

True, there is a world of difference between the economic principles underpinning Budget 2025 and what is stated in the JVP’s Revolutionary Policy Declaration published under Rohana Wijeweera’s leadership. However, times have changed. So has the JVP as well as other political parties. In fact, the Opposition and the public should be happy that the JVP has jettisoned its ideological shibboleths and come to terms with the current politico-economic reality. The Opposition bigwigs ought to tell the public what they expect the NPP government to do. Do they want the JVP-led coalition to revert to its Marxist agenda despite the present-day economic reality and challenges facing the country?

President Anura Kumara Dissanayake, who presented Budget 2025 to Parliament on Monday, boasted that his government had proved its critics wrong by retaining the support of the IMF and managing the economy properly. In saying so, he unwittingly provided grist to the Opposition’s mill. It did not occur to him that his party, the JVP, had accused the IMF of furthering the interests of neo-imperial forces at the expense of the Global South and even vowed to liberate Sri Lanka from its clutches!

The Opposition should bear in mind that the economic crisis is bound to take a turn for the worse unless the government fulfils the IMF bailout conditions. It had to ensure that Budget 2025 was consistent with the IMF guidelines and the Economic Transformation Act, and assure the IMF that the stipulated revenue targets would be met. It has also had to stick to the borrowing limits prescribed by the IMF to manage the debt crisis. The Opposition has not cared to look at the bigger picture for political reasons and is trying to earn brownie points with the public.

Some vociferous Opposition politicians are now doing exactly what the JVP-led NPP did in the past to gain political mileage—misinforming and misleading the public with hypercriticism and false promises. Criticising the SLPP-UNP government’s approach to resolving the economic crisis under President Ranil Wickremesinghe’s watch, the NPP pledged that, if voted into office, it would upend the IMF programme. It said it would, among other things, grant public sector workers biannual pay hikes, bring down the prices of essentials, ensure that farmers would receive Rs. 150 as the guaranteed price for a kilo of their paddy, turn the MPs’ housing scheme into a university hostel complex, and make automobiles to be imported accessible to ordinary people. Today, it finds itself in an unenviable position, striving to justify its broken promises.

Meanwhile, the NPP, which held numerous work stoppages during previous governments, is now going to sample a dose of its own medicine. Expressing their utter disappointment with Budget 2025, some state sector trade unions have threatened to strike unless their demands are granted.

Workers no doubt deserve better pay, given the ever-increasing cost of living, but the question is whether it is feasible to allocate more funds for state sector salaries and pensions without increasing taxes, which are already very high. Private sector workers are experiencing the same economic hardships as their state sector counterparts, but they have not received any pay hikes. The state workers should be happy that they have been paid their salaries despite the economic crisis.

Budget 2025 contains some flaws, which we intend to discuss later, and it is the duty of the Opposition to make an in-depth analysis of what the government has proposed and make a critical evaluation thereof, but it will have to support its arguments with alternative solutions to the problems it has highlighted if it is to influence and shape public opinion. Mere sideshows and rhetoric won’t do.

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