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‘UK suppressed wartime HC dispatches unfavorable to Western strategy at UNHRC’

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… 20-year UN ban on examination of accusations travesty of justice: ex-CJBy Shamindra Ferdinando

Former Chief Justice Sarath Nanda Silva (1999-2009), on Thursday (18), alleged that the British government had suppressed diplomatic cables sent by its wartime Defence Attaché Lt. Colonel Anthony Gash from the British High Commission, Colombo, because they ran counter to the claims made by the western bloc as regards Sri Lanka at the Geneva-based United Nations Human Rights Council (UNHRC).

Appearing on ‘Get Real’ on Derana 24×7, anchored by Johnney Mahieash, the 41st CJ explained the British, in spite of being a member of the UNHRC in addition to spearheading the Core Group, had no option but to suppress credible information as part of the overall strategy to sustain the campaign against Sri Lanka.

The UNHRC consists of 47 countries divided into five zones with the UK categorised along with Austria, Denmark, France, Germany, Italy, the Netherlands (Western Europe and other States). A vote on the Core Group’s resolution, backed by the US, is expected early next week at the end of the 46th session of the UNHRC on March 23. The session commenced on Feb 22.

Displaying a set of highly censored British diplomatic cables that dealt with the situation on the Vanni front in 2009 (January-May) made available by Lord Naseby, who obtained them following a protracted legal procedure, the former CJ expressed shock and dismay at the British choosing to suppress information provided by a person who enjoyed diplomatic status.

Silva said Lt. Colonel Gash had been stationed in Colombo during that period to provide information sought by the British pertaining to the conflict. Having perused the documents and examined the context in which they were written, the former CJ asserted that the Gash papers gave an accurate picture.

In an exclusive interview with The Island, in Sept 2019, Lord Naseby said that he struggled for nearly three years to secure the dispatches from the UK government after making the first formal request in Nov 2014.

Responding to another query posed by Mahieash, the former CJ questioned the rationale in the UK depriving a House of Lords member material relevant to an issue the UK government was deeply concerned about. The outspoken former CJ explained that for the British the dispatches from Colombo couldn’t have posed any security concerns though their disclosure was certainly detrimental to their Geneva agenda.

Referring to Gash dispatches again, former CJ Silva said that in spite of blackening sections of the reports from Colombo, the person assigned the task carelessly left some crucial words intact one could comprehend what had been censored.

Lord Naseby told The Island that he personally handed over sets of Gash reports to the then President Maithripala Sirisena’s administration as well as the Joint Opposition (now SLPP) in 2017. The Conservative Party politician regretted the disclosure of the vital material hadn’t been properly utilized by Sri Lanka. Lord Naseby revealed the existence of the Gash papers on Oct 12, 2017 in the House of Lords.

Comparing the LTTE with the Irish Republican Army, the former CJ pointed out the wartime British Defence Attaché’s comment on the LTTE employing foreign mercenaries to mount air attacks in Colombo and the Katunayake airbase, where Sri Lanka’s precious fighter squadrons were based at. The former CJ referred to specific reference to the LTTE targeting the Israeli supplied Kfir aircraft based at Katunayake at a crucial time of the war against the LTTE. Reference was also made to the LTTE having seven airstrips in the northern theatre of operations and its failure to use a fourth aircraft in its arsenal in the absence of a mercenary.

Sri Lanka brought the war to a successful conclusion in May 2009.

The former CJ said that another reason for the British to suppress Gash papers was that the British official officially assigned the task of keeping London informed of the developments here, presented a picture of the Sri Lankan military quite opposite to what they propagated. In the wake of Gash/Lord Naseby disclosure, the UN Panel of Experts (PoE) report based on unsubstantiated allegations was in tatters, the former CJ said.

The PoE issued its report on March 31, 2011.

The former CJ said that British diplomatic dispatches on the basis of UN reports explained how the LTTE deployed forcibly recruited ‘unwilling recruits’ in its desperate counter offensives as the fighting entered the final phase.

The former CJ stressed that the British should have disclosed all available information to ensure a free and fair inquiry. Sarath Nanda Silva was responding to the British declaration in February this year that they didn’t furnish Gash reports to the UNHRC nor did the Geneva body asked for them.

The former CJ alleged that the British were pursuing a politically motivated agenda. In the wake of his interview with Derana 24×7, The Island sought the former CJ’s opinion on measures that could be taken to ascertain the truth as regards the primary allegation namely the killing of 40,000 civilians (PoE, paragraph 137). The UK led Core Group which includes Germany and Canada could call for dispatches from Defence Advisors/Defence Attaches from other countries having diplomatic missions in Colombo. They could easily verify the Gash reports by comparing them with dispatches from other missions, the former CJ said, pointing out that the UN and ICRC, too, could furnish their reports.

The former CJ said that the British government actions had in fact embarrassed the ordinary people who believed in their supposed sense of justice and fair play.

The former CJ said that he was appalled by the PoE placed the number of dead at 40,000 in spite of UN report that dealt with the situation therein from August 2008 to May 13, 2009 having asserted only 7,721 perished on the Vanni front (both civilians and combatants/paragraph 134). He also pointed out the PoE declaration the unsubstantiated accusations that led to Geneva actions couldn’t be examined till 2031 (paragraph 23) revealed that due attention hadn’t been given to the high profile anti-Sri Lanka project. The PoE/UN prohibited the examination of accusations for a period of 20 years from 2011. Pointing out the discrepancy in varying figures quoted by interested parties, the former CJ said that wartime US Defence Advisor Lt. Col. Lawrence Smith’s revelation at the 2011 Colombo Defence Seminar could be utilized along with Gash reports to carefully re-examine the accusations.

The US official denied alleged war crimes, including battlefield executions, the former CJ said, pointing out that the US denial was made just a couple of months after the release of PoE report widely called the Darusman report. In fact, Geneva should have asked member states and other countries especially the US and India to provide their defence advisors’ dispatches to help its investigations. The Tamil Diaspora demanding justice never asked for those reports because all knew what would happen to politically motivated Geneva actions if the reports reached the public.

The former CJ also referred to a Wikileaks revelation that ICRC told the US in 2009 Sri Lanka military could have finished off the LTTE if the civilian factor was not taken into consideration. The bottom line is that the case against Sri Lanka had been exposed by the officials of the same countries, the former CJ said, urging the government to take a fresh look at all available information/evidence.

The former CJ told Derana 24/7 that cases shouldn’t be won by suppressing information/evidence. The former CJ further pointed out how a section of the media in early 2007 revealed the UN suppressing the LTTE detaining two UN Tamil employees for helping civilians to escape to the government controlled area. The UN acknowledged that New York was not briefed of the developments here, the former CJ said, urging those shedding crocodile tears to revisit Sri Lanka accountability issue.



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Construction of Jet A-1 Aviation fuel pipeline and new oil tank complex at Muthurajawela begins under President’s patronage

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President Anura Kumara Dissanayake said that the Government’s objective is to maintain a strong state presence in the energy market while providing an efficient service to the people, adding that significant progress has been achieved towards this objective over the past two years and that a strong energy market that does not place a burden on the people is now being built in Sri Lanka.

The President made these remarks on Friday (02) morning  while attending the commencement of construction of the Jet A-1 pipeline system of the Ceylon Petroleum Corporation (CPC) and two new oil storage tank systems belonging to the CPC and the Ceylon Petroleum Storage Terminal Limited (CPSTL).

The projects are being implemented in line with the Government’s national objective of developing infrastructure in the energy sector, with the aim of ensuring the security of aviation fuel supplies, reducing supply costs and providing the capacity required to meet future demand for aviation fuel.

A dedicated pipeline and associated tank complex are being constructed to connect Muthurajawela with the Bandaranaike International Airport in Katunayake, with the aim of meeting the future demand of the country’s aviation sector, ensuring the security of aviation fuel supplies and reducing transportation costs.

Construction has commenced on five new Jet A-1 fuel storage tanks with a total capacity of 92,000 cubic metres. These comprise two large Jet A-1 tanks, each with a capacity of 30,000 cubic metres; two medium-sized tanks, each with a capacity of 15,000 cubic metres; and an additional tank with a capacity of 2,000 cubic metres. The fuel supply pipeline system will be connected to the airport through a 21-kilometre-long underground pipeline with a diameter of 10 inches from the Muthurajawela tank complex. The project is scheduled for completion within 30 months.

Meanwhile, as part of ongoing efforts to strengthen and expand storage and infrastructure facilities in the petroleum industry, the Ceylon Petroleum Storage Terminal Limited (CPSTL) commenced construction today of three new storage tanks at the Muthurajawela Terminal.

Upon completion, the three-tank system, comprising two tanks with a capacity of 15,000 cubic metres each and one tank with a capacity of 10,000 cubic metres, will provide an additional total storage capacity of 40,000 cubic metres.

This will further enhance the petroleum storage capacity of the terminal and support the continued development of the country’s petroleum infrastructure. The project has a contractual period of 18 months and is scheduled for completion in April 2028.

The tanks are being constructed in compliance with relevant international standards and recognised industry best practices, ensuring enhanced safety, reliability and operational efficiency. The additional storage capacity will strengthen the country’s fuel reserves, improve operational flexibility and support the reliable and uninterrupted distribution of fuel products to meet the country’s growing energy requirements.

Minister of Ports and Civil Aviation and Minister of Energy Anura Karunathilaka said,

“We are now in an era of energy transition. The world is rapidly moving towards the use of clean energy. The use of electric vehicles is very important in this regard, and our country is also now moving in that direction.

The use of solar energy is also important. We expect to add 1,200 megawatts of solar power capacity to the national grid by 2029.

As a country, we must focus not only on controlling fuel prices but also on controlling fuel consumption. The public also has a major responsibility in this regard.

It is particularly important to change our patterns of energy consumption. Greater energy security can be achieved by avoiding periods of high energy demand, shifting towards electricity use and using fuel-efficient vehicles, particularly electric vehicles.”

Chairman of the Ceylon Petroleum Corporation D. J. Rajakaruna said,

“We faced a major challenge due to the war in the Middle East. However, with the intervention of the President, relief was provided to the people and the situation was managed very effectively.

As a result, while diesel prices in the global market increased by 91%, the increase in Sri Lanka was only around 39.5%. While petrol prices in the global market increased by 80%, the increase in Sri Lanka was only around 41%.

Despite providing fuel at lower prices in this manner, the Corporation has recorded a profit of Rs. 28 billion this year. We also recorded a profit of Rs. 36 billion last year.

This may raise the question of why fuel prices are not being reduced when there are such profits.

However, we have used those profits to commence a number of infrastructure development projects at the institution.

These include adding the capacity of 11 tanks, including the construction of six tanks that had previously been abandoned, to increase fuel storage capacity; modernising our oil-filling section, which is more than 90 years old, and establishing a gantry system similar to that at Muthurajawela; laying two new pipelines for unloading fuel from the port to Kolonnawa; constructing a new pipeline to transport Jet A-1 fuel to Katunayake; and upgrading the pipeline system and laying new pipelines, among many other projects.

We are implementing these projects using those profits. Therefore, we have returned the benefits to the people through these investments.”

The Minister of Science and Technology, Professor Chrishantha Abeysena; Deputy Minister of Energy, Arkam Ilyas; Member of Parliament Kumara Jayakody; Secretary to the Ministry of Energy and Senior Additional Secretary to the President, Russell Aponso; foreign ambassadors; government officials including officials of the Ministry of Energy and the Ceylon Petroleum Corporation; and representatives of Sinopec were among those present at the occasion.

President’s Media Division (PMD)

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Lanka enters new phase of prosecutions as hurdles clear

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MONETABRIEF –The prosecution of high-profile individuals from the former Rajapaksa administrations is set to escalate this month with the clearing of legal hurdles and administrative bottlenecks, according to officials involved in the process.

Former president Gotabaya Rajapaksa’s attempt to secure an order preventing his arrest in connection with the Easter Sunday massacre was turned down by the Court of Appeal on Thursday.

An overseas travel ban has been in operation against Rajapaksa since June, but the Criminal Investigations Department made no move to question him. He instead filed a writ application seeking an order preventing his possible arrest.

President of the Court of Appeal Rohantha Abeysuriya noted that the court would not interfere with the investigative process. Any attempt by the court would amount to an obstruction of the investigation.

In an unrelated case, the same court rejected an application by opposition legislator Dilith Jayaweera seeking the quashing of a contempt charge filed against him by the Fort magistrate. The charges against Jayaweera and a few other opposition politicians are expected to be taken up in the coming week.

Jayaweera and other opposition politicians — Wimal Weerawansa, Udaya Gammanpila, Sugeeshwara Bandara, and Asanka Navaratne

— were hauled up over their remarks relating to the arrest of Suresh Sallay, the former head of the State Intelligence Service.

SLPP academic Mahinda Pathirana is also charged over his public comments about Sallay’s arrest in February under the draconian Prevention of Terrorism Act.

Former president Mahinda Rajapaksa’s son, legislator Namal Rajapaksa, is already in remand custody following his arrest in connection with three cases of bribery and money laundering relating to the 2013 Airbus deal and the Krrish property development in Colombo.

Although Namal has been granted bail in the Airbus money laundering charge, he is in custody until October 13 over the bribery charge relating to the same Airbus transaction. His arrest is under a provision of the Anti-Corruption Act that does not allow a magistrate to grant bail unless under exceptional circumstances.

Meanwhile, his mother Shiranthi Rajapaksa, who had been asked to report to the Financial Crimes Investigations Division on September 24, was a no-show and was yet to return from Singapore.

She had travelled overseas on September 16, and a family spokesman said she was handed the FCID summons at the departure lounge of Bandaranaike International Airport just before she boarded a flight to Singapore.

At the time, the family spokesman said she was due to return in three days.

“We will see greater momentum in the legacy cases in the coming weeks,” an official involved in the prosecutions said.

“We have cleared the legal hurdles to press ahead with more arrests,” he said.

“We are working on a few administrative issues which will be resolved very soon.”

The controversial prosecution of former President Ranil Wickremesinghe is dragging on without him being formally indicted since his arrest in August last year. The Fort magistrate has listed the case again for November 11, when the Attorney-General is expected to report on his decision regarding action against Wickremesinghe.

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Police warn: Court evaders face property seizure

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Police have reminded the public that courts have the power to take legal action against individuals who evade arrest or remain in hiding after warrants have been issued against them.

Police said that under Section 60 of the Code of Criminal Procedure Act No. 15 of 1979, a court could issue a written proclamation requiring a person evading arrest under a warrant to appear at a specified place and time.

The proclamation must allow the person at least 30 days to appear before court, Police said.

If the person fails to appear even after the proclamation has been issued, the court may take further action under Section 61 of the Act.

This includes issuing an order for the attachment of the movable or immovable property belonging to the person concerned.Police issued the reminder highlighting the legal measures available against persons who deliberately evade arrest and remain in hiding after warrants have been issued.

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