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TO WHOM IS THE LOYALTY OF THE POLICE DUE?

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By Dr. Kingsley Wickremasuriya
Senior Deputy Inspector-General of Police (Retired) (kingsley.wickremasuriya@gmail.com) Prologue

“I am not bound to carry out your illegal orders..!” – SSP says to Police Minister and leaves the meeting..! (Lanka enews defense correspondent.

The Lanka-e News of Nov. 18, 2022 reported a rare incident where a Senior Superintendent of Police said to the face of Police Minister Tiran Alles that he is not bound to implement illegal orders, and then left a meeting of the Minister of Police.

According to reports, the incident is as follows. On Tuesday (Nov. 15) in the Ministry of Police, a conference was held under the chairmanship of the Minister of Police and the Inspector General of Police, where all Deputy Inspector Generals, SSPs, SPs, and ASPs of the Western Province were summoned. There, Tiran Alles has said that those holding anti-government demonstrations should be arrested.

Accordingly, Tiran Alles has scolded the police for not arresting the women who went to the United Nations office in Colombo the Monday (14) and not dispersing the protest there and another protest in front of the TID with baton charges. He then asked who the SSP in charge of that area was and told him to get up. Then Colombo South SSP Gayantha Hasantha Marapana stood up.

Senior DIG Deshabandhu Tennakoon ordered SSP Gayantha Marapana to arrest a woman including Hirunika who walked to the United Nations office yesterday (14), but he did not implement the order. And then Deshabandhu bypassed all the SSPs and SPs and ordered OIC Kurunduwatta directly to carry out the order. Accordingly, the women were arrested.

Hence Tiran Alles was very angry with SSP Gayantha Marapana. When SSP Gayantha Marapana stood up, Tiran asked him why the women were not arrested that day and threatened him to leave the police force or wait for transfers if there is anyone who could not carry out his orders. SSP Marapana responded by asking, “what is the charge” and said that he cannot face human rights cases by ordering to arrest the people without charge.

Then Tiran Alles, who turned to the Inspector General of Police, asked, “Why is there no charge? Is opposing the government not a charge?” Inspector General of Police Wickramaratna said that it was not an accusation. Minister Alles who was then angered said that, if he could not carry out his orders, he should leave the police force. SSP Marapana replied that he joined the police as an SI and became an SSP not by executing illegal orders and that no police officer is bound to execute illegal orders. He then left the Minister’s conference.

Duties and Liabilities Under the Police Ordinance

It was in 1866 that an Ordinance to provide for the establishment and regulation of a police force in Sri Lanka was established. Under Sections three to six, nine, 10, and 59 of the Ordinance, it was lawful for the Minister to make rules from time to time, and when made to revoke, alter, or amend the rules on MATTERS OF POLICY.

But the Inspector-General of Police and such other Deputy Inspectors-General of Police, Superintendents, Assistant Superintendents, inspectors, and other officers as may be necessary under (Sections 20,21,24,55,56, etc of the Ordinance), on the other hand, were vested with the powers of ADMINISTRATION OF THE POLICE. Accordingly, the Inspector-General of Police “may from time to time, subject always to the approbation of the said Minister, frame orders and regulations for the observance of the police officers who shall be placed under his control as aforesaid, and also for the general government of such persons, as to their places of residence, classification, rank, and particular services, as well as their distribution and inspection, and all such orders and regulations relative to the said as police force as he may deem expedient for preventing neglect or abuse, and for rendering such force efficient in the discharge of its duties.”

So, while the Minister was responsible for making rules on matters of policy, the administration of the Police under the Police Ordinance was vested in the hands of the Inspector-General of Police. These were the clear lines of the Chain of Command drawn under which the Police operated under the Ordinance, until Independence.

Then in 1947, the Soulbury Constitution provided a parliamentary form of government for Ceylon and for a Judicial Service Commission and a Public Service Commission that contained all the basic principles and procedures necessary for the Rule of Law. But the United Front Government that enacted a new constitution severed the link to the British crown, depriving the judiciary of its independence and the power of judicial review, two of the most important conditions for the rule of law.

Minority rights were safeguarded by Article 29(2) of the Constitution but on the advice of Sir Ivor Jennings, its unofficial constitutional advisor, the Board of Ministers decided not to incorporate a Bill of Rights. But with the promulgation of the DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA on May 22, 1972, the CONSTITUTION became the SUPREME LAW of the country. It was Sri Lanka’s first republican constitution and its second since independence in 1948.

The country was officially designated “The Republic of Sri Lanka,” which came to be known as “The 1972 Republican Constitution.” The Sri Lankan Constitution of 1972 changed the country’s name to Sri Lanka from Ceylon and established it as an independent republic. The country was officially designated “Republic of Sri Lanka,” leading to this constitution being known as “the 1972 Republican Constitution” paving the way for Sri Lanka to become a republic.

When Sri Lanka joined the UN in 1955 ratifying all the main UN International Human Rights Conventions on the immutable republican principles of REPRESENTATIVE DEMOCRACY assuring all Peoples, FREEDOM, EQUALITY, JUSTICE, FUNDAMENTAL HUMAN RIGHTS, and INDEPENDENCE OF THE JUDICIARY, Sri Lanka became a signatory to Article 21 of the ICCPR and the International human rights law that lays down the obligations of the Governments.

‘The Covenant of Human Rights deals with such rights as freedom of movement; equality before the law; the right to a fair trial and presumption of innocence; freedom of thought, conscience, and religion; freedom of opinion and expression; peaceful assembly; freedom of association; participation in public affairs and elections was among those. Human rights on the other hand are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.

Everyone is entitled to these rights, without discrimination. Accordingly, the Constitution came to guarantee the following Fundamental Rights under Chapter III of the Constitution :(a) Freedom of thought, conscience, and religion (b) Freedom from torture (c) Right to equality (d) Detention, and punishment, and prohibition of retrospective penal legislation (e) Freedom of speech, assembly, association, occupation, movement, etc.(f) person of conscience and religion, including the freedom to have or to adopt a religion or belief of his choice. (g) No person shall be subjected to torture or cruel, inhuman, or degrading treatment or punishment (h) All persons are equal before the law and are entitled to equal protection of the law. (i) No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth, or any one of such grounds:

Further, (j) No person shall, on the grounds of race, religion, language, caste, sex, or any one of such grounds, be subject to any disability, liability, restriction, or condition concerning access to shops, public restaurants, hotels, places of public entertainment and places of public worship of his religion. (k) No person shall be arrested except according to the procedure established by law. Any person arrested shall be informed of the reason for his arrest. (l) Every person held in custody, detained, or otherwise deprived of personal liberty shall be brought before the judge of the nearest competent court according to procedure established by law and shall not be further held in custody, detained, or of liberty except upon and in terms of the order of such judge made in accordance with the procedure established by law.

The list continues:(m) Any person charged with 5 an offense shall be entitled to be heard, in person or by an attorney-at-law, at a fair trial by a competent court. (n) No person shall be punished with death or imprisonment except by order of a competent court, made in accordance with the procedure established by law. The arrest, holding in custody, detention, or other deprivation of personal liberty of a person, pending investigation or trial, shall not constitute punishment. (o) Every person shall be presumed innocent until he is proven guilty.

The result was that ALL THE ORGANS OF GOVERNMENT were required to respect, secure, and advance the Fundamental Rights declared and recognized by the Constitution. The Oath of Allegiance to this Constitutional requirement, a person appointed to any office referred to in Chapter IX of the Constitution was required to enter upon an Oath of Office set out in the Fourth Schedule and Seventh Schedule to the Constitution of the Republic before such a person enters upon duties of his office. The Oath simply is an undertaking that the person referred to will perform the duties and discharge the functions of that office (a) in accordance with the Constitution of the Democratic Socialist Republic of Sri Lanka and the law; and (b) that person will uphold and defend the Constitution of the Democratic Socialist Republic of Sri Lanka.

This is a constitutional obligation applicable to ALL THE ORGANS OF GOVERNMENT under the Supreme Law of the Constitution, be they a Minister or individual Police Officer. So, this was the main constitutional obligation that came to be addressed when the Ministry of Public Security and the Police under their auspice drew up their Vision & Mission Statements. Making Sri Lanka the Safest & most secure, and Peaceful Nation is the Vision of the Ministry of Public Security ((http://www.pubsec.gov.lk/hon-minister/) ” and its Mission is to Formulate and Execute Policies and Strategic Plans to ensure Public Security through a Strong Multi-stakeholder Mechanism to create safer SRI LANKA by reducing crime, ensuring the safety of public and building trust in partnership with our Community.

The responsibility of the newly established National Police Commission https://www.police.lk/page_id=8508) on the other hand is to transform the Sri Lanka Police Force into a disciplined, credible, and community-responsive service by entertaining and investigating complaints from members of the public or any aggrieved person against a police officer or against the Police Force and to provide redress under the provisions of any law enacted by Parliament to upgrade Human Rights, Public Accountability for the Rule of Law and respect for the Rule of Law.

The Vision of the police, however, is committed to providing a Peaceful environment to live with confidence, without fear of Crime and Violence, and its Mission is committed to upholding and enforcing the law of the land, preserving public order, and preventing crime and Terrorism with prejudice to none – equity to all (www.poice.lk). So, it is the Rule of Law that the Police in the main and the Ministry of Public Security were constitutionally committed to at least by their Vision & Mission Statements.

The Rule of Law

The rule of law is one of the most important features of a democratic system of governance and a prerequisite for a good democracy. The Rule of law implies that all those involved in the state are bound by the law and are subject to the law. And that all officials from the Head of State to the lowest official should act within the limits of the powers conferred by law. Albert Venn Dicey (1835-1922) is said to be one of the most respected English scholars on constitutional law that has emphatically stressed the importance of the Doctrine of the Rule of Law.

Dicey concluded that: “The twin pillars upon which our system rests are the sovereignty of Parliament and the supremacy of the common law, administered in the ordinary courts independent of the executive over everyone within the realm, whether public official or private citizen.” Aristotle on the other hand is considered to be the original author of this concept of the Rule of Law. Rule of law calls for equal justice under the law for all citizens immaterial of social, political, and economic status. This also calls for total independence of the criminal justice system. In other words when there is a likely case of laws being violated, law enforcement – the police – should move into action on its own.

That is their constitutional obligation. They do not need to wait for orders from the political establishment. That negates the separation of powers.

Conclusions

As widely reported in the media, Senior Superintendent Gayantha Hasanth Marapana had to tell the Minister bluntly on that eventful day, Tuesday November 15, 2022, undefended by his seniors in the Department, where he stood concerning the Rule of Law. It reverberates against yet another story (as reported in the official minutes kept of this meeting) and later reported in newspaper headlines, about how the then Inspector-General of Police, Osmund de Silva (1955 – 1959) responded to the remarks of the then PM, that the Police should have that ’extra bit of loyalty to the Government. Summoning a meeting of OICC Stations by police message to inform them of the PM’s remark, he exhorted them to do their duties impartially regardless and that what they should uphold is the ‘Rule of Law’.

This assertion by the Inspector-General came at a time when there was no Bill of Rights in the Parliament or no Republican Constitution with Fundamental Rights to fall back on. Marapana on the other hand had all these constitutional safeguards to worry about, with the Attorney General’s Department leaning over the police against violations of Fundamental Rights like the Sword of Damocles. So, Marapana’s fear of having to face Rights Cases in court for violating Fundamental Rights is fully justified in the circumstances.

In yet another incident, even as late as 1958, when the Assistant Director of Training (ADT) Fred Brohier asked the question at an interview with some of the those applying for recruitment to the police as to whom a police officer’s loyalty is due, the ADT’s answer in response to various replies given such as: to the Prime Minister; to the Inspector General of Police, etc., was given in very categorical terms: That a Policeman owed his loyalty to no mother’s son, but to the law of the land. He was repeating the same sentiments as that of the IGP Osmund de Silva about the Rule of Law. There were yet others too who followed his example. It was the legendary DIG Sydney de Zoysa who defied such interference by yet another Prime Minster requesting that a certain constable applicant be recruited to the Department even though he did not have the required physical qualifications and yet survived to tell the tale.

A basic constitutional obligation that every policeman has to perform when joining the Police Service is taking an Oath of Allegiance. The Oath simply undertakes to perform one’s duty by the Constitution of the Socialist Republic of Sri Lanka and the Law. In other words, it is an undertaking to uphold the Constitution as the SUPREME LAW of the land – protecting Fundamental Rights under the Constitution. In theory, this is a Noble Concept. But how it works in practice in Sri Lanka is entirely a different story as practiced by different governments since Independence.

The Rule of Law has become something of a lip service rather than a Rule of Law – a Law only in the hands of those who call the shots for their benefit raising the usual question ‘Quis custodiet ipsos custodes’? ‘Who will guard the guards themselves’? in the minds of ordinary citizens. Senior Superintendent Marapana was merely reiterating his constitutional obligations, following in the footsteps of Inspector-General Osmund de Silva and others. The issue he rightly raised with the Minister was one of a basic principle of Constitutional Law and not that of obeying orders blindly, just because it came from a political authority. The message, therefore, is loud and clear: ‘A POLICEMAN OWED HIS LOYALTY TO NO OTHER BUT TO THE LAWS OF THE LAND’. A Post Script A basic constitutional obligation that every policeman has to perform when joining the Police Service is taking an Oath of Allegiance. The Oath is as follows:



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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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