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Editorial

A elephantine issue

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Wednesday 10th February, 2021

Never a dull day in Parliament! Minister Ajith Nivard Cabraal and Opposition Leader Sajith Premadasa crossed swords yesterday. Premadasa demanded to know why Bank of Ceylon had granted a pledge loan to the tune of Rs. 3.1 billion to a company owned by a person connected to the government, for stockpiling fags. Claiming that the bank had followed proper procedure in granting the loan, Minister Cabraal asked Premadasa why the latter had been silent when the same bank released as much as Rs. 10 billion within 10 minutes to Perpetual Treasuries (Pvt.) Ltd. for purchasing Treasury bonds in a fraudulent manner, under the yahapalana government.

The bond scams continue to dog the UNP and its offshoot, the SJB. President Gotabaya Rajapaksa, in his Independence Day speech, said he had asked the Attorney General to ensure that all wrongdoers, especially the perpetrators of the Easter Sunday carnage and the bond scammers, would be brought to justice. One can only hope that the President’s instructions will be carried out to the letter and the culprits made to pay for their sins.

The question, however, is whether the bond scams have been investigated properly. Some of the culprits have been identified and legal action has been instituted against a few of them. But much more remains to be done.

Speaking, at a recent UNP organisers’ meeting at Ja-Ela, former UNP MP Range Bandara sought to deny a claim that the UNP had not looked after its local government members; he said that following the formation of the UNP government, in 2015, all UNP local councillors had been invited to Temple Trees and given Rs. 500,000 each as the first tranche of cash handouts. He stopped short of saying how much more they had received afterwards. Where did the money come from? All political parties dish out funds in that manner ahead of elections. But what makes the UNP’s cash distribution, in early 2015, stand out is its timing.

The UNP had been reduced to penury after losing power in 2004 so much so that its headquarters, Sirikotha, could not settle electricity and water bills. But within weeks of the formation of the so-called national unity government after the election of President Maithripala Sirisena, on 08 Jan. 2015, funds suddenly started to pour in and the UNP candidates went on a spending spree in the run-up to the general election that followed. It is against this backdrop that Range Bandara’s aforesaid claim should be viewed.

The first Treasury bond scam was committed on 27 Feb. 2015, about seven weeks after the formation of the yahapalana government, and Perpetual Treasuries with links to the UNP made a killing to the tune of billions of rupees. It has now been established that the UNP-led government facilitated the financial crime. (The second bond scam was committed the following year.) The UNP would not have helped the bond scammers in return for nothing. Part of the loot apparently found its way into the UNP’s war chest. This aspect of the bond scams went uninvestigated.

It is never too late for frauds to be probed. If a proper investigation is conducted, it may be possible to find out how the UNP benefited from the bond scams and how much it received by way of campaign funds. But it is doubtful whether the incumbent government will ever have the issue probed. Crooks on both sides of the political divide do not go all out to destroy one another, especially on issues such as ill-gotten wealth. Those who are currently in power are apparently busy making up for lost time. This is the name of the game in Sri Lankan politics.

When ordinary people deposit their hard-earned money with banks, they are asked numerous questions, and information so obtained is passed on to the taxman. But there are no such legal requirements as regards the political parties that receive and distribute billions of rupees during elections. Elections are the times when loads and loads of black money get laundered.

The need for laws to regulate political donations and campaign expenditure cannot be overemphasised. At present, even drug lords and other anti-social elements can bankroll election campaigns of political parties and cock a snook at the law.

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Editorial

A strange case of distrust?

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Thursday 4th March, 2021

The Presidential Secretariat has reportedly told Attorney General (AG) Dappula de Livera, that 22 volumes of the final report submitted by the Presidential Commission of Inquiry that probed the Easter Sunday terror attacks cannot be released as they contain sensitive information pertaining to national security. So, the AG has been left with no alternative but to divine what is in these 22 volumes which he cannot do without.

The argument that the state prosecutor should be denied access to some volumes of the report at issue for reasons of national security, in our book, does not hold water. In fact, we consider it an affront to the dignity of the AG. Is it that the State cannot repose trust in its own AG as regards national security?

The AG knows how to handle sensitive information, doesn’t he? On the other hand, there was no such thing as national security, so to speak, during the period covered by the presidential commission probe, and that was the reason why the NTJ terrorists were able to snuff out so many lives with ease. After all, that was what the SLPP kept telling us when it was in the Opposition. Luckily, the LTTE did not try to make a comeback during the yahapalana government. There were no regular National Security Council (NSC) meetings, and those who were responsible for safeguarding national security were all at sea so much so that they did not take seriously warnings of impending terror attacks which could have been prevented. Even some outsiders were privy to what transpired at the NSC meetings, which they were allowed to attend because they were close to the then President Maithripala Sirisena! The state intelligence outfits were in total disarray with their key officers facing a political witch-hunt. The CID was doing full-time political work to all intents and purposes, and the Terrorism Investigation Division was accused of conspiring to kill the President! So, how come any information about what happened during that period is considered too sensitive to be divulged even to the AG?

What the AG is required to do anent the cases he files is not akin to keyhole surgery; he has to see the whole picture before filing action. He should be able to ascertain whether the facts, on the basis of which legal action is to be instituted against those named in the report, can be backed by irrefutable evidence if the cases he is going to file are to have a solid foundation. He and his legal team need to study all volumes of the commission report if they are to know where they stand.

The AG has to build strong cases to prove that the accused are guilty. Unless all information contained in the PCoI report is studied properly, the cases to be filed may not stand up to judicial scrutiny. The defence may be able to drive a coach and horses through them. One can only hope that no surreptitious attempt is being made to open an escape route for the high-profile government members who are likely to be hauled up before courts for their serious lapses that made the Easter Sunday carnage possible.

The AG, we repeat, should be given unhindered access to the PCoI report so that he will be able to proceed with prosecutions properly.

The government finds itself in a dilemma. Unless it takes action against the former leaders and their bureaucratic lackeys for their failure to prevent the terror attacks, it is likely to face a considerable electoral setback, come the next election, but at the same time, it is not in a position to go the whole hog to ensure that the culprits are brought to justice; it runs the risk of suffering a split in the event of former President Sirisena being prosecuted for security failures that led to the Easter Sunday tragedy, on his watch. The SLFP has already indicated that it might pull out of the SLPP coalition in such an eventuality. But nothing should be allowed to stand in the way of justice. An oft-quoted legal maxim is ‘Fiat Justitia, ruat caelum’, or ‘Let justice be done though the heavens fall’. As regards, the Easter Sunday attacks, one may say, ‘Let justice be done though governments fall.”

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Editorial

Govt. learning from UNHRC

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Wednesday 3rd March, 2021

There is obviously no love lost between the incumbent Sri Lankan government and the UNHRC, but the former seems to have taken a leaf out of the latter’s book. It has adopted the practice of using reports to scare and tame its political opponents.

In what looks a counterattack on the political front, the Rajapaksa government has decided to release the report of the Presidential Commission of Inquiry (PCoI) that probed allegations of corruption and irregularities under the yahapalana government from 14 Jan. 2015 to 31 Dec. 2018. The then President Maithripala Sirisena appointed this commission to settle political scores with the UNP. He sought to take moral high ground and show his political enemies, especially the then Prime Minister Ranil Wickremesinghe, in a bad light. The final report of the Easter Sunday PCoI, which Sirisena appointed to deflect criticism and pin the blame for failing to prevent the carnage on others, has boomeranged. The SJB is using it against not only Sirisena but also the present government, of which he is a member. The government seems to think the release of the PCoI report on corruption under the yahapalana government will help it silence the SJB, whose grandees were Cabinet ministers in the previous administration accused of being involved in various corrupt deals. One may recall that allegations of corruption were also levelled against several SLFP notables in the yahapalana Cabinet, and they are now in the present administration. Will the SLPP open up another can of worms by releasing the PCoI report at issue?

Most of the Opposition politicians who pretend to be paragons of virtue have a lot to answer for as regards frauds and corruption under the previous dispensation if the testimonies of high-profile witnesses who appeared before the PCoI on corruption are anything to go by. These politicians are now in overdrive, bashing the government for its failure to reveal the masterminds of the Easter Sunday attacks. It will be interesting to see their reaction to the government decision to release the PCoI report on corruption. Will they dare the SLPP to do so expeditiously and call for a parliamentary debate thereon? They should be able to do so if they are as confident as they claim to be that they were above board while they were in power.

If the government thinks it can mitigate the fallout of the flawed PCoI report on the Easter Sunday carnage by using the PCoI report on corruption to silence the political Opposition, then it is mistaken because not all its critics are its political rivals. Some SJB and UNP politicians attacking the SLPP may chicken out lest they should be prosecuted for corruption, etc., on the basis of the PCoI report, but there is no way the government can allay the fears of the public and counter protests by the Catholics who bore the brunt of the Easter Sunday terror. The Catholic Church has declared a Black Sunday protest (07 March), and its agitation campaign is likely to continue. Its consternation is understandable. Nobody is safe until the masterminds of the carnage are identified and dealt with, for they can carry out more attacks.

There was absolutely no need for a presidential probe to identify those whose lapses had led to the Easter Sunday tragedy. Their identities were already known and legal action could have been taken against them, but such a course of action will not help ensure that there will be no terror attacks. The need for a presidential probe arose as nobody knew who had actually masterminded the carnage and they had to be identified and neutralised.

The yahapalana leaders and their lackeys in the military and the police are no longer a problem because they are not in charge of national security. But the masterminds of the terror strikes are still at large. There’s the rub. The government ought to fulfil its election pledge to probe the carnage thoroughly, identify the masterminds thereof instead of trying to silence its critics politically.

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Editorial

Estranged strange bedfellows

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Tuesday 2nd March, 2021

The JVP has torn the Easter Sunday Presidential Commission of Inquiry (PCoI) report to shreds. Its leaders have picked many holes in the document, and their arguments are tenable. Their position is that the PCoI has served no useful purpose as it has failed to identify the masterminds of the terror strikes. One cannot but agree with them on this score.

JVP leader Anura Kumara Dissanayake, MP, has gone a step further; he has demanded to know why Ranil Wickremesinghe, who was the Prime Minister at the time of the Easter Sunday attacks, has been let off the hook. We asked the JVP a similar quetion when the COPE (Committee on Public Enterprises), which probed the Treasury bond scams, went out of its way to ensure that Wickremesinghe’s name did not appear in its report. The COPE probe, under the chairmanship of the then JVP MP Sunil Handunnetti, was a farce. The JVP ran with the Opposition and hunted with the UNP, so to speak. Its notables stand accused of having had nocturnal meetings with Wickremesinghe and other UNP leaders (most of whom are currently in the SJB) to decide how to deal with the political enemies of the yahapalana government.

So, the defenders of the Easter Sunday PCoI report may ask the JVP what moral right it has to demand that the identities of the masterminds of the 2019 bomb attacks be revealed. Those who peddle this argument should realise that the present-day JVP is vastly different from its former self, as it were. It conducts itself very democratically, and its election campaigns are exemplary. It has parliamentary representation, and its leader is a member of the very Parliament, which it once bombed. Battles for manape, or preferential votes, are absent among JVP candidates. So, the JVP’s ugly past should not be held against it. But the outfit, which always takes moral high ground and looks down upon others, needs to be asked how it could reconcile its concern for human rights and democracy with the practice of commemorating its late leaders who destroyed thousands of lives and properties worth billions of rupees and brutally suppressed political dissent; among their victims were leaders of political parties and trade unions, students, teachers, Buddhist monks and civilians who dared exercise their franchise. Shouldn’t it publicly disown its leaders who were a bunch of bloodthirsty terrorists if it is to convince the public that its current democratic agenda is not a façade?

Why has the JVP taken to bashing Ranil? It is in the current predicament with only three seats in Parliament, where it had six members previously, because it got too close to the ‘capitalist’ UNP, which eliminated its key leaders in the late 1980s. It was also represented in the so-called National Executive Council, which determined the agenda of the UNP-led yahapalana government, initially. In 2018, it threw a lifeline to the UNP-led government, which the SLPP and the then President Maithripala Sirisena sought to oust in the most despicable manner. It declared that it had done so to save democracy, but nobody bought into that claim. It is now trying to have the public believe that it has had nothing to do with the UNP.

Interestingly, the JVP’s honeymoon with the SLFP in 2004, when it contested a general election as part of the United People’s Freedom Alliance, enabled it to have 39 of its candidates elected; it also donated two National List slots to the SLFP. Its leaders even beat their SLFP counterparts in Colombo, Gampaha and Kurunegala in manape battles. But its clandestine affair with the UNP proved both politically and electorally disastrous! So, it is now bashing Ranil as hard as it can in the hope that it will be able to be seen to be anti-UNP. Whether it will succeed in its endeavour remains to be seen. People are the best judges.

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