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The arrest of Donald J. Trump on charges under the Espionage Act

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by Vijaya Chandrasoma

Donald J. Trump was arrested at the Miami Courthouse on Tuesday, June 13 on 37 counts of federal felony charges under the Espionage Act, referencing alleged mishandling of top-secret government documents. His lawyer pleaded “not guilty” on all charges, on his behalf. He is presently out on bail, pending trial.

This is the first time a former or sitting president of the USA has been arrested on federal charges. Trump is also the first former president to be arrested by the New York district court, presently on bail, pending trial, on 34 counts of state felony charges of financial and election campaign fraud.

On a relatively minor issue for Trump, in May 2023, a Manhattan, New York federal jury found him guilty of sexually assaulting E. Jean Carroll in a luxury department store dressing room. She was awarded $5 million for battery and defamation. An arrest for sexual assault, a mere misdemeanor, a humdrum event in the life of the spokesman of the audio on sexual predatory.

Trump continues to spew lies, calling himself “the most innocent man, the victim of the longest witch-hunt, in the history of the world”. And 35% of the Republican Party, the so-called Christian, white supremacist base, believe him. They are convinced he can do no wrong, against all evidence.

Even the 17 Republicans who have currently announced their candidature for the nomination of the 2024 presidency, still stand firmly behind him, even though they are in competition with him. Bar four, there will be many more in the near future.

Former Arkansas Governor Asa Hutchinson and former New Jersey Governor, Chris Christie were predictable in their continuing criticism of Trump. The other candidates, former US Ambassador to the UN, Nikki Haley, and most recently, former Vice President Mike Pence, surprised us by speaking against Trump’s mishandling of top-secret documents.

Nikki Haley had previously decried the case as “prosecutorial outreach”. However, she changed her tune on Monday, when she stated, “if this indictment is true, President Trump was incredibly reckless with our national security. …This puts all our military men and women in danger”.

Mike Pence had previously stated that he hopes the Department of Justice “thinks better” of indicting Trump in the documents case. He has finally admitted that history will hold Trump accountable for inciting the January 6 insurrection. On Tuesday, he said in an interview with the Wall Street Journal editorial board, that he “couldn’t defend the very serious allegations against former President Donald Trump in a federal indictment over the handling of classified documents”.

The worms seem to be turning, at last. Since the advent of Trumpism, violence has been baked into American politics. Miami Law Enforcement took all precautions against a potential January 6 type of insurrection following Trump’s arrest on Tuesday. Trump himself and cronies like Lindsay Graham had earlier threatened “death and destruction” and “riots in the streets” if he is arrested. There has been a lot of recent chatter in social media from Trump supporters like the Proud Boys, about their intention to gather in Miami in large numbers to show support for their beloved Fuhrer. Defeated Arizona Governor and Trump devotee, Kari Lake, made the most unveiled threat over the weekend:

“If you want to get to President Trump, you have to go through me, and you are going to have to go through 75 million Americans just like me. And I am going to tell you, most of us are card-carrying members of the NRA”. Meaning Florida is an open carry state, where anyone can openly display military style assault rifles and sport holstered automatic pistols.

Lake’s threat was for Trump supporters to arrive in their thousands at the Miami Courthouse, fully armed, to protest Trump’s arrest, proved to be a damp squid. In fact, nothing much happened to disturb the peace on Tuesday, a sure sign that his “base” has seen the light and is dwindling.

Miami Police estimated the crowd of Trump supporters amassed in front of the Courthouse at 1,500, before his arrival. There were almost as many anti-Trump protesters, carrying “Lock Him Up” banners, plus media from around the world. There was no significant violence, a disappointing anti-climax to Trump and the white supremacist Trump base, who were hoping for a January 6 style violent protest.

Trump will soon be left with base of a few thousand QAnon, Christian nationalist, radical right lunatics and white supremacists like the Proud Boys, Marjorie Taylor Greene and Lauren Boebert. Lots of noise, not much action, fewer votes.

Trump’s function the night after his arrest was a fundraiser at his club in Bedminster, New Jersey, where the Republican donor audience was treated to his usual rant of lies, claiming “today we witnessed the most evil and heinous abuse of power in the history of our country”.

He stated that the documents under reference belonged to him, as president, to do as he pleases. It is true that the law gives the president almost complete power over the handling of top-secret documents, while he is the sitting president. Trump is no longer the sitting president, hasn’t been for well over two years. He is today just a private citizen, arrested and on bail on a series of felonies. He is, as usual, hallucinating. Or, as has been suspected over the past few years, just plain nuts.

Among the documents Trump has been hoarding at various insecure locations at his residences in Bedminster, New Jersey and Mar a Lago, Florida, were documents on US nuclear programs, potential US military vulnerabilities and plans for US retaliation in the event of an attack. Trump has been charged under the Espionage Act, which defines the retention of “national defense information” i.e., materials that could be invaluable for an adversary seeking to damage the national security of the United States, as a violation of the Act.

Trump has been retaining these documents, displaying them openly to foreign nationals and to others without security clearance, perhaps even selling them to the highest bidder. He has consistently refused to return these documents to their rightful owner, the National Archives and Records Administration, crying, like a petulant toddler, “Mommy, mommy, these colored papers are mine. Daddy said so!”

He has lied to NARA on numerous occasions when asked to return these documents, that he had no more documents in his possession. He even got his lawyers to sign a false certificate to this effect. When NARA was certain that Trump was still retaining top-secret documents, against the law, they obtained a warrant to search Trump’s resort at Mar a Lago. The FBI raid in August 2022 yielded 102 additional documents, including 17 marked top-secret. There is no doubt whatsoever that Trump is still in possession of an indefinite number of such top-secret documents, secreted at his various residences and resorts.

In a remarkable instance of projection, the twice impeached, twice arrested former president, who spread the Big Lie of a stolen election and incited an insurrection at the Capitol to overturn the 2020 election, said, after his release on bail on Tuesday, that “Biden will forever be remembered as not only the most corrupt president in the history of our country, but perhaps even more importantly, the president who together with a band of his closest thugs, misfits and (fascists) tried to destroy American democracy”. Can you imagine a more fitting description of Trump and his white supremacist domestic terrorists’ attempts to destroy our democracy on January 6, 2021?

Amazingly, Trump still has a comfortable lead in the polls for the Republican nomination for the presidency in 2024. In a democracy like America, the nominee from each of the Parties, Democrat and Republican, always have a real shot at winning the presidency. Trump’s previous crimes, before and during his presidency, have been largely ignored, tolerated, indeed celebrated by Republican voters, who remain brainwashed by Trump’s God-given talent for lying.

The majority of Republicans, in spite of all evidence to the contrary, believe that Trump’s performance during his first term was exemplary, with a booming economy created entirely by him. Of course, they conveniently forget the fact that he inherited a thriving America with 72 continuous previous weeks of economic growth, with the lowest unemployment levels in decades, from President Obama.

His massive tax cuts which benefited greatly the billionaires and the corporations; his deregulation of laws imposed by President Obama against corporate pollution for the protection of the environment; his strange flirtation with our adversaries, especially his fawning admiration for the murderous dictator, and America’s traditional adversary, Putin, displayed on the world stage by his traitorous performance at Helsinki, when he sided with Putin against irrefutable evidence provided by all 17 US intelligence agencies and the Mueller Report that Russia interfered in our 2016 elections; his numerous executive orders which benefited only the wealthy at the expense of the poor, the needy, the vulnerable, even our vets; his total indifference to the epidemic of gun violence; his continuing attempts at compromising our social safety net and denying the constitutional rights of women’s reproductive freedom. All these reckless and feckless actions were applauded by a large section of the Republican Party, as long as Trump kept their original, perhaps subconscious, dream of a white, Christian nation alive.

I am convinced that only his criminal mismanagement of the pandemic, which resulted in the avoidable death of hundreds of thousands of Americans, denied him a second term at the White House. Four more years when he would have been able, with the help of his armed white supremacist hordes, to achieve his ambition to create an autocratic America, and to cement his ultimate dream of securing the position enjoyed by his best friends and the new allies of the United States, Russia, China and North Korea – President for Life.

However, his treasonous actions after his defeat at the 2020 elections have served to drive many Republicans away from the Trumpian section of their Party. The Big Lie that the election was stolen from him may be still believed by 60% of Republicans against all evidence. However, his incitement of the violent January 6 insurrection to overturn the peaceful transfer of power; and his arrest under the Espionage Act, with irrefutable evidence that he was mishandling and even trading in top-secret government documents which provided a threat to national security, may have been the last straws.

In spite of his apparent bravado after he was arrested for crimes basically amounting to espionage, even treason, I believe Trump fears that he has finally reached the end of the precipitous road he has been traveling.

Former Trump Chief of Staff, General John Kelly may have nailed it. After listening to Trump’s post-arrest remarks at Bedminster. “He’s scared s…less. This is the way (resentment and bravado) he compensates for that. He gives people the appearance that he doesn’t care by doing this. For the first time in his life, it looks like he’s being held accountable. ….He’s never been held accountable before”’.

The best news I heard after the Miami arrest is that Trump’s Republican poll numbers have increased. These polls are conducted mainly by the right-center of the Party, and do not include its moderate conservatives, whose support seems to be thinning. Also, Independents are currently running about 75% against Trump. Finally, he will be forced to campaign for 2024 while on bail, with probable arrests on four federal crimes hanging over his head. In spite of the anticipated and inevitable delays in the American justice system, there is an outside chance that Trump would be a convicted felon before November 2024.

Democrats should do all in their power to ensure Trump wins the Republican nomination. We will never find an easier cockroach to crush than Trump in 2024. A reinforcement of the concept that we are a country of law and order.



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The Paradox of Trump Power: Contested Authoritarian at Home, Uncontested Bully Abroad

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Protests and a vigil have been held in Minneapolis, Minnesota, where the shooting of Renee Nicole Good occurred on Wednesday (photo courtesy BBC)

The Trump paradox is easily explained at one level. The US President unleashes American superpower and tariff power abroad with impunity and without contestation. But he cannot exercise unconstitutional executive power including tariff power without checks and challenges within America. No American President after World War II has exercised his authority overseas so brazenly and without any congressional referral as Donald Trump is getting accustomed to doing now. And no American President in history has benefited from a pliant Congress and an equally pliant Supreme Court as has Donald Trump in his second term as president.

Yet he is not having his way in his own country the way he is bullying around the world. People are out on the streets protesting against the wannabe king. This week’s killing of 37 year old Renee Good by immigration agents in Minneapolis has brought the City to its edge five years after the police killing of George Floyd. The lower courts are checking the president relentlessly in spite of the Supreme Court, if not in defiance of it. There are cracks in the Trump’s MAGA world, disillusioned by his neglect of the economy and his costly distractions overseas. His ratings are slowly but surely falling. And in an electoral harbinger, New York has elected as its new mayor, Zoran Mamdani – a wholesale antithesis of Donald Trump you can ever find.

Outside America it is a different picture. The world is too divided and too cautious to stand up to Trump as he recklessly dismantles the very world order that his predecessors have been assiduously imposing on the world for nearly a hundred years. A few recent events dramatically illustrate the Trump paradox – his constraints at home and his freewheeling abroad.

Restive America

Two days before Christmas, the US Supreme Court delivered a rare rebuke to the Trump Administration. After a host of rulings that favoured Trump by putting on hold, without full hearing, lower court strictures against the Administration, the Supreme Court by a 6-3 majority decided to leave in place a Federal Court ruling that barred Trump from deploying National Guard troops in Chicago. Trump quietly raised the white flag and before Christmas withdrew the federal troops he had controversially deployed in Chicago, Portland and Los Angeles – all large cities run by Democrats.

But three days after the New Year, Trump airlifted the might of the US Army to encircle Venezuela’s capital Caracas and spirit away the country’s President Nicolás Maduro, and his wife Celia Flores, all the way to New York to stand trial in an American Court. What is not permissible in any American City was carried out with absolute impunity in a foreign capital. It turns out the Administration has no plan for Venezuela after taking out Maduro, other than Trump’s cavalier assertion, “We’re going to run it, essentially.” Essentially, the Trump Administration has let Maduro’s regime without Maduro to run the country but with the US in total control of Venezuela’s oil.

Next on the brazen list is Greenland, and Secretary of State Marco Rubio who manipulated Maduro’s ouster is off to Copenhagen for discussions with the Danish government over the future of Greenland, a semi-autonomous part of Denmark. Military option is not off the table if a simple real estate purchase or a treaty arrangement were to prove infeasible or too complicated. That is the American position as it is now customarily announced from the White House podium by the Administration’s Press Secretary Karolyn Leavitt, a 28 year old Catholic woman from New Hampshire, who reportedly conducts a team prayer for divine help before appearing at the lectern to lecture.

After the Supreme Court ruling and the Venezuela adventure, the third US development relevant to my argument is the shooting and killing of a 37 year old white American woman by a US Immigration and Customs Enforcement (ICE) officer in Minneapolis, at 9:30 in the morning, Wednesday, January 7th. Immediately, the Administration went into pre-emptive attack mode calling the victim a “deranged leftist” and a “domestic terrorist,” and asserting that the ICE officer was acting in self-defense. That line and the description are contrary to what many people know of the victim, as well as what people saw and captured on their phones and cameras.

The victim, Renee Nicole Good, was a mother of three and a prize-winning poet who self-described herself a “poet, writer, wife and mom.” A newcomer to Minneapolis from Colorado, she was active in the community and was a designated “legal observer of Immigration and Customs Enforcement (ICE) activities,” to monitor interactions between ICE agents and civilian protesters that have become the norm in large immigrant cities in America. Renee Good was at the scene in her vehicle to observe ICE operations and community protesters.

In video postings that last a matter of nine seconds, two ICE officers are seen approaching Good’s vehicle and one of them trying to open her door; a bystander is heard screaming “No” as Good is seen trying to drive away; and a third ICE officer is seen standing in front of her moving vehicle, firing twice in the direction of the driver, moving to a side and firing a third time from the side. Good’s car is seen going out of control, careening and coming to a stop on a snowbank. Yet America is being bombarded with two irreconcilable narratives – one manufactured by Trump’s Administration and the other by those at the scene and everyone opposed to the regime.

It adds to the explosiveness of the situation that Good was shot and killed not far from where George Folyd was killed, also in Minneapolis, on 25th May, 2020, choked under the knee of a heartless policeman. And within 48 hours of Good’s killing, two Americans were shot and injured by two federal immigration agents, in Portland, Oregon, on the Westcoast. Trump’s attack on immigrants and the highhanded methods used by ICE agents have become the biggest flashpoint in the political opposition to the Trump presidency. People are organizing protests in places where ICE agents are apprehending immigrants because those who are being aggressively and violently apprehended have long been neighbours, colleagues, small business owners and students in their communities.

Deportation of illegal immigrants is not something that began under Trump. It has been going on in large numbers under all recent presidents including Obama and Biden. But it has never been so cruel and vicious as it is now under Trump. He has turned it into a television spectacle and hired large number of new ICE agents who are politically prejudiced and deployed them without proper training. They raid private homes and public buildings, including schools, looking for immigrants. When faced with protesters they get into clashes rather than deescalating the situation as professional police are trained to do. There is also the fear that the Administration may want to escalate confrontations with protesters to create a pretext for declaring martial law and disrupt the midterm congressional elections in November this year.

But the momentum that Trump was enjoying when he began his second term and started imposing his executive authority, has all but vanished and all within just one year in office. By the time this piece appears in print, the Supreme Court ruling on Trump’s tariffs (expected on Friday) may be out, and if as expected the ruling goes against Trump that will be a massive body blow to the Administration. Trump will of course use a negative court ruling as the reason for all the economic woes under his presidency, but by then even more Americans would have become tired of his perpetually recycled lies and boasts.

An Obliging World

To get back to my starting argument, it is in this increasingly hostile domestic backdrop that Trump has started looking abroad to assert his power without facing any resistance. And the world is obliging. The western leaders in Europe, Canada and Australia are like the three wise monkeys who will see no evil, hear no evil and speak no evil – of anything that Trump does or fails to do. Their biggest fear is about the Trump tariffs – that if they say anything critical of Trump he will magnify the tariffs against their exports to the US. That is an understandable concern and it would be interesting to see if anything will change if the US Supreme Court were to rule against Trump and reject his tariff powers.

Outside the West, and with the exception of China, there is no other country that can stand up to Trump’s bullying and erratic wielding of power. They are also not in a position to oppose Trump and face increased tariffs on their exports to the US. Putin is in his own space and appears to be assured that Trump will not hurt him for whatever reason – and there are many of them, real and speculative. The case of the Latin American countries is different as they are part of the Western Hemisphere, where Trump believes he is monarch of all he surveys.

After more than a hundred years of despising America, many communities, not just regimes, in the region seem to be warming up to Trump. The timing of Trump’s sequestering of Venezuela is coinciding with a rising right wing wave and regime change in the region. An October opinion poll showed 53% of Latin American respondents reacting positively to a then potential US intervention in Venezuela while only 18% of US respondents were in favour of intervention. While there were condemnations by Latin American left leaders, seven Latin American countries with right wing governments gave full throated support to Trump’s ouster of Maduro.

The reasons are not difficult to see. The spread of crime induced by the commerce of cocaine has become the number one concern for most Latin Americans. The socio-religious backdrop to this is the evangelisation of Christianity at the expense of the traditional Catholic Church throughout Latin America. And taking a leaf from Trump, Latin Americans have also embraced the bogey of immigration, mainly influenced by the influx of Venezuelans fleeing in large numbers to escape the horrors of the Maduro regime.

But the current changes in Latin America are not necessarily indicative of a durable ideological shift. The traditional left’s base in the subcontinent is still robust and the recent regime changes are perhaps more due to incumbency fatigue than shifts in political orientations. The left has been in power for the greater part of this century and has not been able to provide answers to the real questions that preoccupied the people – economic affordability, crime and cocaine. It has not been electorally smart for the left to ignore the basic questions of the people and focus on grand projects for the intelligentsia. Exhibit #1 is the grand constitutional project in Chile under outgoing President Gabriel Borich, but it is not the only one. More romantic than realistic, Boric’s project titillated liberal constitutionalists the world over, but was roundly rejected by Chileans.

More importantly, and sooner than later, Trump’s intervention in Venezuela and his intended takeover of the country’s oil business will produce lasting backlashes, once the initial right wing euphoria starts subsiding. Apart from the bully force of Trump’s personality, the mastermind behind the intervention in Venezuela and policy approach towards Latin America in general, is Secretary of State Marco Rubio, the former Cuban American Senator from Florida and the principal leader of the group of Cuban neocons in the US. His ultimate objective is said to be achieving regime change in Cuba – apparently a psychological settling of scores on behalf Cuban Americans who have been dead set against Castro’s Cuba after the overthrow of their beloved Batista.

Mr. Rubio is American born and his parents had left Cuba years before Fidel Castro displaced Fulgencio Batista, but the family stories he apparently grew up hearing in Florida have been a large part of his self-acknowledged political makeup. Even so, Secretary Rubio could never have foreseen a situation such as an externally uncontested Trump presidency in which he would be able to play an exceptionally influential role in shaping American policy for Latin America. But as the old Burns’ poem rhymes, “The best-laid plans of men and mice often go awry.”

by Rajan Philips ✍️

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Unsuccessful attempt on President Chandrika’s life

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Town Hall bomb scene after 1999 attempt on CBK’s life

The Presidential election campaign was drawing to a close. We had campaigned hard but everyone knew that it would be a keenly contested election. A final meeting was scheduled for Saturday December 18, 1999. It was to be held near the Town Hall in Colombo and CBK was to be the chief speaker. I was accommodated in the front row of the stage together with other party leaders.

Ratnasiri Wickremanayake, the Prime Minister, had invited me to be a speaker at his final meeting in Horana. I waited till CBK arrived, spoke briefly to her and left for Horana. I had barely reached Havelock Town when I heard the sound of a blast from near the Town Hall. It was a well planned attempt on the life of CBK by the LTTE. Suicide bombers had come into the well packed grounds with a group of supporters of a Colombo district SLFP MP. Fortunately they had been prevented from coming close to the stage by the barriers set up by the Police.

CBK had finished her speech to a packed audience and was going down the gangway from the stage to her car when the bomber had detonated his bomb killing himself, several policemen, CBKs driver and many onlookers. But for the fact that her driver had driven up to the steps, thereby interposing the steel reinforced Mercedes Benz car between the bomb and CBK she would have been torn to shreds.

When we inspected the Benz it was a mass of twisted metal like a futuristic sculpture. I forgot about Horana and immediately rushed to the general hospital where to my relief I was told that the President was alive and out of danger. Since I had experience of the bombing of the UNP group meeting in Parliament during JRJs time, I rushed to Temple Trees to find that Sunethra Bandaranaike had fortunately promptly come there and was with the children upstairs.

The Temple Trees staff congregating downstairs were wandering about in shock till the arrival of President’s Secretary Balapatabendi. I urged that we should immediately get down Anuruddha Ratwatte -the Deputy Defence Minister, who at that time was in Kandy. A problem arose because helicopters could not fly at night. He was asked to come immediately by road and he did arrive in the shortest time.

Town Hall bomb scene CBK’s

In the meanwhile I suggested that Balapatabendi should broadcast the news that CBK was alive and out of danger as we had done with JRJ after the Parliament bombing. Already news about the attack was swirling because international media was using it as “Breaking News”. Bala and I went to the TV station and as he was getting into the studio I noticed that he was dressed in a black shirt which could have given a bad message to the country. I quickly took off my shirt and exchanged it for Balas black shirt. He then spoke on camera trying to calm the country wide audience dressed in an over-sized shirt.

We went back to Temple Trees and found that the PM and other Cabinet Ministers and relatives had arrived there and were taking charge of the situation. I then went to the General Hospital to see GL Peiris and Alavi Moulana who were in a state of shock and awaiting medical attention. Alavi’s shirt was blood stained and his sons were helplessly moving around asking for immediate medical attention.

After that both sides did not campaign in the remaining few days. The whole country was in a state of shock and disbelief. To the credit of Ranil Wickremesinghe he immediately visited CBK to wish her a speedy recovery and virtually called off his campaign. The shock of the Town Hall blast was compounded when almost at the same time a bomb was set off by the LTTE in Wattala where the UNP was holding a propaganda meeting. Major General Lucky Algama who was in charge of security was killed in this blast together with several UNP supporters.

Presidential Election December 2019

The presidential election was held as scheduled. We witnessed a clear shift of the sentiments of voters towards CBK after the bombing. I went to Kandy to cast my vote early as usual at the Nugawela voting centre. Immediately after that I left for Colombo. All along the road women of all ages were gathering in great numbers to cast their votes. It became clear that a sympathy vote was in the offing, especially among women. They could empathize with CBK who had lost a father and husband and now nearly lost her own life in the cause of public service.

The election results when announced proved that our hunch was correct. The declared results were as follows;

CBK

4,312,157 Votes [51.1 Percent]

Ranil

3,602,748 Votes [42.71 Percent]

Nandana Gunatillake

[JVP] 344,173 [4.08 Percent]

CBK then took a courageous decision which unfortunately backfired on her many years on as I will describe in a succeeding chapter. In the light of possible confusion following the bombing she decided to take her oath of office as the new President immediately though she had several months more to serve in terms of her earlier mandate. Though she had a team of brilliant lawyers including H L de Silva and R K W Goonesekere to advice on constitutional matters such details were not analyzed by her political staff. She took oaths before Chief Justice Sarath Nanda Silva and on the following day left for UK for medical treatment.

(Excepted from Vol. 3 of the Sarath Amunugma autobiography) ✍️

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My experience in turning around the Merchant Bank of Sri Lanka (MBSL)

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LESSONS FROM MY CAREER: SYNTHESISING MANAGEMENT THEORY WITH PRACTICE – PART 29

The last episode covered the final stages of my work as Advisor to the National Productivity Drive at the Ministry of Industrial Development. Soon after, in September 1998, I accepted the position of Managing Director of the Merchant Bank of Sri Lanka (MBSL). This chapter shares key events and lessons from my time there.

First few weeks at MBSL

The Board agreed that, for the first month, I would work only half-days, as I still had obligations I could not abandon. I was organising the International Convention on Quality Circles 1998, which attracted many foreign participants, and although we had appointed an event organiser, numerous arrangements still required my involvement. I will write more about that Convention later in these memoirs.

Those half-days turned out to be useful. They allowed me to quietly observe and understand the situation. MBSL was in worse shape than I had expected. The financial problems were visible to anyone who read the statements. The bigger crisis, however, was the staff’s morale and the rapid loss of staff members.

During the interim management period, many staff benefits had been cut, and several senior executives had already left. In the first few months, farewell gatherings became routine. It felt like rats leaving a sinking ship. And indeed, the organisation was sinking. Yet I had accepted the challenge — largely because I sensed that the Chairperson could secure government support, which she had already begun to do.

The broader environment added to the tension. The LTTE conflict was still active. Our office building, a very tall building located near the Colpetty junction, was a prime target. It had an Air Force unit with anti-aircraft guns on the rooftop one floor above he boardroom.. No one was allowed there without special permission, even though the area had originally been designed as a rooftop function space.

The first board meeting was quite hilarious because, while we were discussing important strategic issues, the upper floor was reverberating with a baila session, with boots tapping the floor keeping time. Apparently, the unit had an assurance that there would be no air strikes, and they could take a break.

My own office was spacious, but the windows were blocked because Temple Trees — the official residence of the Prime Minister — was clearly visible if not. At first, working without any outside view felt quite oppressive. Eventually, I grew accustomed to it.

Once I began full-time work in October, I carefully examined the situation with the help of my capable team. Several senior employees were not leaving for higher-paying opportunities or foreign jobs — they were committed, though uncertain about the future.

Then came investigations by the Central Bank and the Securities and Exchange Commission. Much of my time was spent responding to information requests and ensuring that all releases of information were approved. Many years previously, MBSL had unintentionally become a subsidiary of the Bank of Ceylon (BOC) when BOC’s investment arm purchased shares that pushed ownership above 50 per cent.

Hence although we were not a deposit taking institution and therefore not under the regulatory oversight of the Central Bank, we were under the Central Bank scrutiny because we were a subsidiary of the BOC. Although we were independent in operations, the customary practice was that the BOC Chairman would also chair MBSL, together with other BOC directors serving on our board. Our Chairperson, Mrs Dayani de Silva, was determined to turn MBSL around.

At that time, we operated two main divisions:

· Corporate finance, including advisory and investment banking; and

· Leasing, including trade finance.

In addition, there were the service divisions such as Human Resources, Secretarial and Finance and Accounting

Staff matters and the trade union

Morale was low. staff resisted the benefit cuts and the shift toward rules that resembled those of government departments. Signing an attendance register was particularly disliked.

I reviewed the situation carefully. Some of the removed benefits saved only trivial amounts. I reinstated those. I also installed an electronic time-card system for everyone — including myself. I announced clearly that I would clock in every day, just as they did. Naturally, the first few months were not easy.

I began holding monthly staff meetings to explain what we were doing, why we were doing it, and where we stood financially. Communication had clearly been lacking earlier, and these meetings helped rebuild trust. I also operated an “open door” policy, welcoming any employee who wished to meet me. The performance appraisal system was another issue. Instead of motivating staff, it had become a source of resentment. I suspended it for two years and asked everyone to work together as one team.

Most employees up to the Deputy Manager level were unionised, affiliated with the Ceylon Bank Employees Union (CBEU), headed by Mr M. R. Shah. The collective agreement was due, and the union presented a long list of demands — many of them impossible, given our financial state. Normally, negotiations take place between the Employers’ Federation of Ceylon (EFC) and the CBEU. The Director General of the EFC, Mr Gotabhaya Dassanayake, advised me first to build mutual confidence, especially as I had never met Mr Shah before.

I invited Mr Shah to my office. Over tea, I openly explained the crisis we were facing, our restructuring plan, and the management approach we intended to adopt. He listened carefully and asked sensible questions. We parted on friendly terms, and more importantly, with a shared understanding.

A month later, negotiations began at the EFC. To my surprise, Mr Shah began by saying that, after speaking with the new Managing Director, he understood our difficulties and accepted the direction we were taking. He then withdrew several demands on the spot. I was relieved, not because demands were dropped, but because he had recognised our sincerity and our plan. Later, Mr Dassanayake telephoned to say he had rarely seen such cooperation. In time, as restructuring succeeded, we gradually restored many benefits. That entire episode reinforced a powerful lesson: honest communication and genuine leadership build trust far faster than confrontation.

Expanding leasing

The board was deeply concerned about the leasing division. Non-performing loans were very high, and they urged me to restrict new business and focus solely on recoveries. I informed the board that management was partly to blame because the staff was pressured to meet stretch targets, and all we got were substandard leasing facilities. Targets without safeguards are never beneficial.

My thinking differed. Aggressive recovery efforts often demoralise good customers and overburden staff. In addition, the customers were already in great difficulty because they had no financial means to meet their leasing obligations. Instead, I believed we needed to build a new, healthier portfolio, while also expanding fee-based advisory work with lower risk. I had also abandoned my consultancy business when I joined MBSL, and proposed creating a new subsidiary to bring that kind of business into the bank. The board rejected it – understandably, given past failures with subsidiaries, including one in Nepal.

We decided that if our leasing operations were to grow, they needed to feel more connected to ordinary Sri Lankans. Research revealed that many people viewed us as an “English-speaking bank.” That perception alone discouraged potential customers.

So, we refreshed our leasing brand. The new logo carried the Sinhala word for “leasing,” applications were printed in Sinhala, and signboards carried both languages. Even the telephone operator’s greeting changed. Instead of the polished “Good morning, MBSL,” which sometimes intimidated Sinhala-speaking callers, we switched to “Ayubowan, MBSL.” It was friendly, respectful, and immediately accepted across all segments.

When an SME business owner comes for a lease, they have already selected the vehicle, and the decision is more based on ego than on a business requirement. We would discourage them and enlighten them that the vehicle does not match their requirements, and advise them to select a smaller one. They look unhappy, but they finally agree when presented with the maths of repayment.

We also organised short educational sessions for our customers on how to maintain vehicles, extend tyre life, the importance of the correct lubricants, and improve customer service. These simple initiatives created goodwill, strengthened customer relationships, and soon, the leasing business began to grow. At the same time, we were tough on recoveries, and some unpleasant moments included we seized a vehicle when a couple was on their honeymoon. The board, while pressuring me to recover, also constantly reminded me that no strong-arm tactics should ever be used.

Improving cash availability

Before I joined, two government institutions had agreed to provide debentures, with Treasury comfort letters. However, a condition required us to build a monthly sinking fund for repayment. To me, this made little sense. We were already short of operating cash. Locking more away would only weaken us further.

The head of finance had faithfully followed the rule. I instructed him to stop doing so and to use the funds for business expansion. When the board asked how we planned to repay the debentures, my answer was simple: growing organisations borrow when repayment comes due — that is how business operates.

We also began selling off our minority shareholdings from our share portfolio wherever possible even at a loss. The market was depressed, and those investments in shares contributed nothing to our survival. We retained only the Merchant Credit of Sri Lanka and divested the others. Gradually, liquidity improved, and operations stabilised.

The thorny bonus issue

Before my arrival, the board had approved bonuses despite the 1997 crisis. I was surprised how it happened soon after chalking up a billion rupee loss. However, just three months into my tenure, the board refused the December 1998 bonus. I found myself in a painful position. The EFC warned that withholding payment was risky because bonuses were written into appointment letters. Yet, reality was clear — we simply could not afford it.

I addressed the staff personally, explained the situation frankly, and announced the decision. The disappointment was visible everywhere. But given the circumstances, they accepted it.

There were more challenges and many more lessons still to come. In the next article, I will continue the story of how, step by step, we navigated those difficulties and rebuilt the organisation.

(The writer is a Consultant on Productivity and Japanese Management Techniques

Retired Chairman/Director of several listed and unlisted companies
Recipient of the APO Regional Award for Promoting Productivity in the Asia-Pacific Region
Recipient of the Order of the Rising Sun, Gold and Silver Rays from the Government of Japan
Email: bizex.seminarsandconsulting@gmail.com)

By Sunil G. Wijesinha ✍️

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