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Midweek Review

Corruption saga continues

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A jubilant Rankan Ramanayake leaving Welikada prison (pic by Jude Denzil Pathiraja)

By Shamindra Ferdinando

The Sri Lanka Institute of Directors (SLID) and Transparency International Sri Lanka (TISL) recently declared corruption as the root cause of Sri Lanka’s current political and economic crisis. The declaration was made in a statement titled, “SLID and TISL launch ‘Business Against Corruption’ Initiative” issued to the media after the two organisations finalised an agreement on a three-year plan to address the issues at hand.

The statement described the contract as strategic collaboration between the two NGOs. Veteran banker Faizal Salieh and Attorney-at-Law Nadishani Perera signed the agreement for SLID and TISL, respectively.

TISL was launched in late 2002 whereas SLID came into being in April 2000. The assertion that corruption bankrupted the country underscored the failure on the part of successive governments (parliaments), the Finance Ministry, Monetary Board, CIABOC, Attorney General’s Department and the Auditor General’s Department, as well as apparent well-meaning bodies, like SLID and TISL. The way the political party system hindered and diluted the National Audit Bill and the Parliament moved court against the releasing of MPs’ asset declarations indicate the challenges faced in reforming the system.

No less a person than the Governor of the Central Bank Dr. Nandalal Weerasinghe, in May this year, acknowledged Sri Lanka’s shameful status. Dr. Weerasinghe, who retired as Senior Deputy Governor, CBSL in January 2021, was requested to take over the CBSL in April this year in the wake of Ajith Nivard Cabraal’s resignation amidst an unprecedented deterioration of the country’s financial situation.

Nadishani Perera succeeded as TISL’s Executive Director from Asoka Obeysekera in January 2021. Salieh was unanimously elected as the Chairman, SLID for the year 2021/22 at a virtual AGM held on Aug. 11, 2021. It would be pertinent to mention that the then State Minister of Finance, Capital Markets and State Enterprise Reforms Cabraal was the Chief Guest at this meet held a month before Central Bank Governor Prof. W.D. Lakshman was unceremoniously asked to step down to pave the way for the State Minister to return to the Governor’s Office.

Cabraal previously served as the 12th Governor of CBSL from July 2006 to January 2015 and returned. His second stint as the 16th Governor, CBSL lasted just eight months. As the 16h Governor he was elevated to the Cabinet rank. As a result, the Governor’s rank in the Table of Precedence has gone up from 20th to fifth place. The Governor is now ranked below the President, Prime Minister, Speaker and the Chief Justice.

In joint fifth place, the Table of Precedence comprises the Leader of the Opposition, Cabinet of Ministers and the Field Marshal.

When Cabraal succeeded Prof. Lakshman the government was in serious difficulty. Having ignored the IMF’s advice in early 2020 to restructure the debt and drop plans to do away with a range of taxes, the then President Gotabaya Rajapaksa’s government caused immense damage to the national economy. But the economic fallout cannot be entirely blamed on corruption since the country had to fend off the worldwide pandemic and the 2019 Easter Sunday terror attacks by Islamic extremists, both of which crippled the country’s vibrant and vital tourism industry and worker remittances, coupled with the fallout from the war in Ukraine.

Nadishani Perera declared their primary objective was to eradicate corruption supported by the private sector. She said so in response to a query from us. They’ll be seeking required funding from the ADB, World Bank and other institutions such as the Centre for International Private Enterprise (CIPE).

A toxic combination of waste, corruption, irregularities, mismanagement and ill-advised decisions contributed to the worst-ever crisis post-independence Sri Lanka experienced. Both public and private sectors should accept responsibility for the crisis. Shocking disclosures made by the Auditor General and at proceedings of the Committee of Public Enterprises (COPE), Committee of Public Accounts (COPA) and Committee of Public Finance (COPF) over the years repeatedly proved culpability of Parliament for the financial crisis.

The SLID-TISL project is meant to enhance transparency, accountability and integrity by encouraging ethical business practices, fair market competition, fair pricing and credible leadership.

The joint statement quoted Salieh as having said: “We are mindful of the current state of affairs, the ground realities, and the challenges faced by companies in doing business. Therefore, our approach on this journey is pragmatic and practical and will enable businesses to proactively and progressively mitigate the corruption risk using preventive measures, checks and balances on a voluntary, ‘best efforts’ basis.”

Nadishani Perera was quoted as having said: “Businesses play a critical role in any nation’s efforts against corruption. At this unique and transformative moment in Sri Lanka’s history, as the citizens have risen against corruption, it is of utmost importance that the business community also commits to do its part towards this mission.”

Bond scams

 In spite of high-profile projects reportedly meant to restore public confidence in public and private sectors, the situation continues to deteriorate. That is the undeniable truth. In late Nov 2016, the USAID in partnership with Sri Lanka Parliament launched USD 13 mn (Rs 1.92 bn) project to strengthen accountability, transparency and good governance.

Parliament owed the public an explanation as regards the success or utter failure of the three-year project. Did it achieve its objectives? Perhaps, the then Speaker Karu Jayasuriya, in his new capacity as the Chairman of the National Movement for Social Justice (NMSJ) will care to explain the outcome of the USAID project. The USD 13 mn project should be examined against the backdrop of the Treasury bond scams perpetrated in Feb 2015 and March 2016 under then yahapalana (good governance) rule. Then Speaker Jayasuriya and the US obviously didn’t care that the yahapalana government delayed investigations into the Treasury bond scams and actually nothing really was done about it until then President Maithripala Sirisena appointed a presidential Commission of Inquiry (CoI) that included two sitting Supreme Court judges in late January 2017 to carry out a public probe.

Probably, Sirisena, now an SLPP MP (Polonnaruwa district) must have quite conveniently forgotten how he dissolved Parliament at midnight on June 26, 2015 to prevent the then COPE Chairman D.E.W. Gunasekera from tabling in Parliament his report on the first Treasury bond scam. At the behest of the UNP leadership, the then lawmaker Attorney-at-Law Sujeewa Senasinghe moved court to thwart the releasing of the COPE report. Senasinghe, an Attorney-at-Law even had the audacity to write a book denying the scam.

Regardless of Perpetual Treasuries Limited (PTL) being under the spotlight over the Treasury Bond scams, the Bar Association of Sri Lanka (BASL) had no qualms in receiving sponsorship amounting to Rs 2.5 mn in support from the tainted firm for its project, Law Asia 2016. The Colombo Port City and the USAID had been among the BASL’s sponsors for its other events.

 Eight years after the first Treasury Bond scam, what is the current status of the investigations and Sri Lanka’s efforts to convince Singapore to extradite Arjuna Mahendran, under whose watchful eyes as the Governor, CBSL the Treasury Bond scams took place? Can the Attorney General and the Justice Ministry explain measures taken by them since the change of government in July to have Mahendran extradited? Against the backdrop of assurances given by the Justice Minister Dr. Wijeyadasa Rajapakse, PC, that a Bill to combat fraud and corruption would be enacted soon, the public have a right to know how the new government intended to handle Treasury Bonds scams probe/prosecutions.

Singapore-based Mahendran challenged The Island editorial (‘Cops and Robbers’) of Friday August 19, 2022. Denying he fled the country, the Singaporean revealed that his Counsel Romesh de Silva, PC secured the permission of Supreme Court justice K.T. Chitrasiri for him to leave the country. Justice Chitrasiri headed the CoI. The issue at hand is whether Mahendran through his learned Counsel gave an assurance to Justice Chitrasiri that he would return to the country in case the Attorney General initiated legal action over the Treasury Bond scams. Perhaps, Mahendran’s Counsel should set the record straight.

The question is when President’s Counsel Romesh de Silva made the request on behalf of Mahendran and secured approval as the former CBSL Governor claimed, did he give an assurance to the CoI that he would return within a specific period or did the CoI sought such a pledge from him.

Vidanapathirana Associates, on behalf of Ranil Wickremesinghe, several weeks after the last presidential election in Nov 2019, responded to a spate of allegations pertaining to Treasury Bond scams et al directed at the former Premier by yahapalana regime President Maithripala Sirisena. Responding to specific allegation that Wickremesinghe helped Mahendran to escape Sri Lankan justice, Vidanapathirana Associates stated (verbatim): “Mr. Arjuna Mahendran gave evidence before the Presidential Commission and therefore obtained its permission to leave Sri Lanka. He has not returned since then.”

The Attorney General’s Department should inquire into the circumstances under which Mahendran left the country.

Controversy over privatization

 Restructuring/privatization of loss-making state enterprises has received attention as part of the overall economic recovery efforts. However, rebel SLPP lawmaker Dr. Nalaka Godahewa recently raised the possibility of the new government exploiting the current economic crisis to privatize profit-making ventures, such as Sri Lanka Insurance Corporation (SLIC) and Sri Lanka Telecom. The former Viyathmaga activist was responding to President Ranil Wickremesinghe’s recent declaration as regards privatization.

Declaring his whole hearted support for the proposed restructuring of loss-making enterprises, Dr. Godahewa however questioned the move to privatize the profitable ventures. Such privatizations will further weaken the public sector due to the Treasury being deprived of much needed cash. Dr. Godahewa assertion that the vast majority of 94 state enterprises privatized between 1990-2003 during the tenure of late President Ranasinghe Premadasa and ex-President Chandrika Bandaranaike Kumaratunga were profitable ventures reveals how the powers that be gradually deprived the Treasury of wherewithal.

The lawmaker while making reference to the controversial circumstances China secured the Hambantota port on a 99-year-lease for USD 1.2 bn in 2017, questioned the move to privatize SLIC and SLT.

Commenting on what he called Sri Lanka’s infamous privatization policy, Dr. Godahewa mentioned a few interesting facts regarding the privatized enterprises though he refrained from naming them. (1) The Supreme Court in 2009 reversed the sale of SLIC for Rs 6 bn during the tenure of Kumaratunga’s regime. At the time of the transaction, the SLIC had assets estimated to be worth over Rs 30 bn (2) The Supreme Court also in the same year reversed two more corrupt transactions, namely Waters Edge and Lanka Marine Services (3) A person who bought a plantation company earned a 100 percent profit within 24 hours after he sold the same property for double the amount he paid for (4) Those who acquired a company that dealt with food much more cash they paid for that particular state enterprise. That enterprise had more money in its bank accounts and the safes than what was received by the government from the buyer and (5) Some of those buyers earned massive profits by selling machinery and equipment.

So, no wonder she was dubbed Chaura Regina (bandit queen) by her one-time political soulmate Victor Ivan in a book he published and to this date ex-President Kumaratunga has not dared to challenge the accusations either in a court of law or by word.

The whole privatisation/restructuring programme appeared to have been carried out at the expense of the national economy while successive governments packed the public enterprises with their supporters. But the massive expansion of the public sector took place at the behest of Mahinda Rajapaksa, who served as the President from Nov 2005 to January 2015.

Public Administration Secretary Priyantha Mayadunne didn’t mince his words a few months ago when he declared how the public service had become an unbearable burden to the taxpayer. But why didn’t he speak up earlier? Mayadunne explained how the public service had been recklessly expanded to nearly 1.5 mn whereas the requirement was 500,000. One-time Justice Ministry Secretary Mayadunne emphasized the need to restructure the public service. Mayadunne’s warning to political parties represented in Parliament, state and private sector trade unions and the civil society that they will soon be categorized as traitors unless they agreed to far reaching economic reforms appeared to have fallen on deaf ears.

Regardless of consequences, the government and the Opposition seemed still struggling to score petty political points than reaching a consensus on workable solutions to address grave political, economic and social issues. Their failure to agree on urgently needed reforms agenda is evidence that the public cannot depend on political parties represented in parliament. Instead of addressing issues at hand, particularly the internationally supervised debt restructuring plan, those who are responsible for the economic fallout seemed determined to consolidate their positions while pursuing the same old strategies.

The government owed an explanation as regards accusations pertaining to the planned privatization of the SLIC and SLT.

TISL’s corruption index

 According to TISL’s most recent Corruption Perception Index (2021) Sri Lanka is ranked 102nd out of 180 countries and territories by their perceived levels of public sector corruption. This assessment is certainly questionable. If corruption allegations directed at decision-makers, both in and outside Parliament, are properly examined taking into consideration the responsibilities of the executive, members of the legislature as well as the judiciary, Sri Lanka must be among the worst lot. The proceedings of the parliamentary watchdog committees, periodic reports released by them as well as the Auditor General’s reports paint a bleak picture. The SLID and TISL should inquire into public enterprises as the former represents nearly 1,000 personnel at top management level at state and private sectors. Instead of taking tangible measures to tackle waste, corruption, irregularities and mismanagement, the anti-corruption project could become yet another lucrative trade.

 Former Samagi Jana Balavegaya lawmaker Ranjan Ramanayake declared as he left Welikada prison last Friday (26) that Justice Minister Dr. Wijeyadasa Rajapakse, PC, asked for a guarantee from him that he would continue his anti-corruption campaign. The declaration was made after Ramanayake serving a four-year term of RI for contempt of judiciary received a presidential pardon after he publicly acknowledged there was no basis for accusations, he directed at the judiciary on Aug 21, 2017 outside Temple Trees. The former MP apologized to the judiciary while promising not to say anything inimical to the judiciary ever again. Obviously, those who had gathered outside Welikada prison to welcome Ramanayake didn’t really comprehend the implications of the politician going back on his much-publicized declarations. During his tenure as a UNP MP, Ramanayake twice lashed out at the judiciary. In respect of the second case the Supreme Court sentenced him to two years RI suspended for five years.

There had never been a proper inquiry into Ramanayake’s audio tapes though they captured the attention of the public. The releasing of audio tapes of conversations among SSP Shani Abeysekara (he hadn’t been appointed Director CID then), the then Deputy Minister of Social Empowerment Ranjan Ramanayake, the then High Court judge Mrs. Padmini Ranawaka and President Maithripala Sirisena, in the wake of the 2019 Presidential Election, sent shock waves through political parties, the judiciary, the police and the civil society.

Controversy still surrounds the circumstances under which the police received the recordings, secretly made by Ramanayake. Selected tapes were released to both the print and electronic media. Attempts to hush up the shocking revelations, pertaining to the Himbutana killings (Bharatha Premachandra killing), and the subsequent judgment failed.

Those in authority conveniently refrained from conducting a proper investigation into the scandalous interventions made by Ramanayake, as well as the conduct of HC judge Mrs. Ranawaka, and Abeysekara, though the police recorded some statements, including that of Mrs. Ranawaka.

Parliament suppressed the matter. The then Speaker Karu Jayasuriya should explain what really happened. Jayasuriya was among those who called for presidential pardon for Ramanayake. The failure to examine Parliament’s pathetic response to the disturbing revelations and the suppression of CDs is a matter for concern.

Did Ramanayake speak to High Court Judge Mrs. Ranawaka to influence the murder conviction against Duminda Silva, sans permission from the party leadership? Did the then top UNP leadership tell him to approach judges in respect of various cases?

Ramanayake is also on record phoning High Court judge Gihan Pilapitiya and Magistrate Dhammika Hemapala. Following the disclosure of a fraction of the tapes, the police recorded statements from Mrs. Ranawaka (retired), Pilapitiya and Hemapala.

Let me focus on the conversations involving Mrs. Ranawaka, Ramanayake, Abeysekara and President Sirisena (now SLPP Polonnaruwa district MP. Sirisena also remains the SLFP leader).

Mrs. Ranawaka had no qualms in declaring that she had no confidence in President Sirisena though she subsequently directly pleaded with him to promote her to the Court of Appeal. Mrs. Ranawaka expressed doubts about President Sirisena when Ramanayake phoned her on July 14, 2016, in the wake of Abeysekara expressing serious concerns over the way the Duminda Silva matter, and related issues, were proceeding to their dislike. Nearly two dozen conversations, involving Ramanayake and Abeysekara, should have been examined without taking them in isolation. According to conversations now in public domain, Mrs. Ranawaka asked Ramanayake to intervene on her behalf when the latter pressed her on the pending judgment on the Himbutana killings. The judge also made reference to the then lawmaker and Attorney-at-Law Ajith P. Perera during her conversation, initiated by Ramanayake. The way the conversation continued, clearly indicated that the call taken by Ramanayake, on July 14, 2016, couldn’t have been the first and they knew each other very well. Mrs. Ranawaka, obviously exploited Ramanayake’s intervention to explore the possibility of moving up the ladder with unbridled political patronage.

Let there be a thorough inquiry into matters of concern. A genuine effort is needed.



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Midweek Review

Govt. failure to fill top two courts’ vacancies leaves Judiciary in a conundrum

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Supreme Court of Sri Lanka

The ruling NPP is in a deepening dilemma over a hotly disputed move to extend the retirement age of superior courts judges. The party is also under heavy fire for delaying fresh appointments to the superior courts consisting of the Court of Appeal and Supreme Court. 

A section of the Opposition wants Speaker Dr. Jagath Wickremaratne to take up the inordinate delay in filling vacancies in the superior courts. The Bar Association of Sri Lanka, Colombo High Court lawyers, Lawyers Collective, as well as the Commonwealth Lawyers’ Union have criticised the government’s move.

By Shamindra Ferdinando

Sri Lanka Muslim Congress (SLMC) leader Rauff Hakeem, MP, recently expressed concern over the alleged way Balachandran Prabhakaran, 12-year-old son of LTTE leader Velupillai Prabhakaran was killed, in cold blood, on 19 May, 2009.

A section of the Tamil media highlighted Kandy District lawmaker Hakeem’s comments regarding the alleged way Balachandran, the youngest of the three children of Tiger Supremo, met his end. Prabhakaran himself was also killed on the same day.

What prompted MP Hakeem to raise a contentious but now largely forgotten issue! Both the Sinhala and English print and electronic media failed to report the SLMC leader’s comments. Some questioned the purpose in lawmaker Hakeem raising Balachandran’s death. Some even suggested a Tamil Diaspora hand in Hakeem’s unexpected interest in Balachandran’s death.

The Island obtained the video, released by the Parliament, of the SLMC leader’s 10-minute speech, delivered on 10 June. Reference to Balachandran’s killing had been made towards the tail end of his fiery speech that primarily dealt with President Anura Kumara Dissanayake’s continuing failure to fill existing vacancies in the Court of Appeal and the Supreme Court.

The deliberate and utterly contemptible holding up of judicial promotions, for whatever reasons, cannot be discussed without examining a disputed bid to introduce an amendment to the Constitution to increase the retirement age of the Judges of the Court of Appeal and the Supreme Court.

President Anura Kumara Dissanayake, the leader of two registered political parties, namely the Janatha Vimukthi Peramuna (JVP) and the National People’s Power (NPP), seems to be on a collision course with the Opposition. With a commanding 159 MPs in Parliament, meaning a 2/3 majority, Dissanayake can easily introduce the required amendment, regardless of protests. But, the electorate won’t like that dictatorial attitude. Those who exercised their franchise for Dissanayake and the NPP at the September 2024 and November 2024 national polls, respectively, wouldn’t expect them to adopt, what can be safely described as, a dogmatic approach.

Attorney-at-law and one-time Justice Minister Rauff Hakeem castigated the President and the ruling party, ahead of the joint Opposition action, to pressure the President to fill the vacancies. Their appeal to Speaker Dr. Jagath Wickremaratne in this regard can be also interpreted as a collective opposition to the proposed amendment to increase the retirement age of judges.

The SLMC group in Parliament consists of five MPs. Of them, three had been elected under the SLMC symbol (two elected and one on the National List) and two through the Samagi Jana Balawegaya (SJB), one of them on the latter’s National List.

Lawmaker Hakeem, who had served the Parliament for over 30 years, at the onset of his speech, questioned the sudden decision to bring in regulation to compel exporters to convert their export proceeds into USD. The SLMCer declared that such panic action was taken by the government in view of the rapid deterioration of the Rupee against the USD.

Commenting on the extension of the Emergency continuously, MP Hakeem alleged that it was done for the NPP’s own parochial purposes and the Opposition expected the government to discontinue the practice.

Then he dealt with the alleged move to extend the retirement age of top judges. Referring to Chief Government Whip Dr. Nalinda Jayatissa’s shameless declaration that the issue hadn’t been even discussed among the government. The ex-justice Minister, however, disputed Jayatissa’s claim made at the post-Cabinet media briefing, while highlighting the statements issued by the Bar Association, Colombo High Court Lawyers’ Association. In addition, the Lawyers’ Collective and the Commonwealth Lawyers’ Association strongly opposed the alleged move. In spite of the Cabinet spokesman’s denial, Justice Minister and Attorney-at-Law Harshana Nanayakkara, in his comments on the issue, indicated that the matter was under discussion. In fact, Nanayakkara mentioned a comparatively higher retirement age of top judges in other countries to support the NPP’s controversial and unnecessary move.

Obviously, the NPP is not talking in one voice.

Rauff takes a strong stand

Emphasising that he addressed the issue at hand as a member of the BASL, Hakeem pointed out that there were four vacancies, each in the Court of Appeal and the Supreme Court, for the past six months. The SLMC leader said: “The President has failed in his constitutional duty to nominate judges for promotion. From the High Court to the Court of Appeal and from the Court of Appeal to the Supreme Court. By denying the rights of the judges, undue pressure is being brought on them. What will happen? This very President, when he was in the Opposition, when the previous Presidents failed to gazette the names decided on by the Constitutional Council, he made a big protest. Several times he spoke about this very vociferously in the House. But, since becoming the President, he has not nominated any names. Very clearly, the 21 Amendment provision was made to prevent Presidents from delaying the decisions taken by the Constitutional Council. He is doing the reverse by not nominating anyone to the top two courts. This is much worse. As a consequence, even our fundamental rights are impacted. Because we as litigants or lawyers or public, our right for the expeditious disposal of cases is being impacted by the delay in appointing judges to the Superior Courts.

Moreover, you are frustrating the judges who served years in the judiciary. What happens to the minor judiciary and others? There are heavy concerns among the judiciary about extending the retirement age. That’ll block their path. That’ll deprive many suitably qualified individuals the right to get onto the bench or the superior bench. High court judges will now await their chances of being promoted. Undue pressure will be brought upon them.”

Hakeem alleged that the Constitution was being deliberately violated by the President. Having directed serious allegations at the President, Hakeem emphasised the responsibility on the part of the Speaker to take up this matter with the President on their behalf. Hakeem questioned as to why the President unduly delayed the promotions. The President’s deliberate failure has caused unnecessary frustration among the judicial ranks in the country and deprived those who served the judiciary of their due rights.”

Hakeem explained how even senior officers of the Attorney General’s Department had been affected by the President’s inaction. Those officials have been deprived of the opportunity to move onto one of the superior courts, Hakeem alleged, accusing the President of, what he called, deliberate inaction and a constitutional violation.

Then Hakeem made a very serious allegation. The ex-Justice Minister alleged that the NPP was delaying the process until a favoured person is eligible to get onto the bench, “You are picking and choosing people by that thereby undermining the judiciary.”

MP Hakeem also dealt with the vexed issue of the Prevention of Terrorism Act (PTA) that had been opposed by many political parties, civil society as well as organisations such as Amnesty International. The Sttorney-at-Law took up the issue in the wake of the controversial arrest of Maj. Gen. (retd.) Suresh Sallay, Director of the Directorate of Military Intelligence (DMI/2012-2016) and Director, State Intelligence Service/2019-2024) in terms of the PTA.

MP Hakeem chided the NPP for proposing to bring in a new anti-terrorism law, under a different title, to replace the existing PTA. Declaring that the new Act would be definitely far worse than the current law, the lawyer faulted the police and the Attorney General’s Department for abusing the PTA. The former Minister said so while alleging the continuous deterioration of the standards of the police and the Attorney General’s department, due to their dependence on the draconian PTA.

Killing of Balachandran

Referring to Tamil media reports regarding the new UK Channel 4 video that dealt with the killing of Prabhakaran’s 12-year-old son, lawmaker Hakeem discussed how the military dealt with the families of the LTTE leader and that of the JVP leader Rohana Wijeweera, killed on the night of 13 November, 1989.

Pointing out that Wijeweera who had been apprehended, along with his family, by the military, was killed, Hakeem stressed that the family members weren’t harmed. They lived under the protection of successive governments but in Prabhakaran’s case the situation was entirely differently.

Hakeem scorned the JVP/NPP government for conveniently forgetting its leaders, though an annual ceremony was held in Colombo in memory of those who perished during the insurgency. Hakeem said that even the daughter of Zahran Hashim, who led the 2019 Easter Sunday attacks, was spared. But, if Prabharatan’s daughter, Duwaraka, had been killed, as alleged, that should be investigated, Hakeem said. Hakeem ended his speech addressing the Parliament in Tamil.

Prabhakaran’s wife Mathivathani, too, had been killed during the final phase of the ground offensive. Prabhakaran’s eldest son, Charles Anthony, was killed in the Karayamullavaikkal area of the Mullaitivu district, the day before Prabhakaran, wife Mathivathani, daughter Duwaraka and younger son Balachandran were killed.

Acknowledging the SLMC leader’s right to rake up the controversy over the alleged manner the deaths of the LTTE leader and his family, while in government custody, took place. It would be pertinent to mention that Hakeem, in his capacity as the Justice Minister, from November, 2010, to December, 2014, could have pushed the Mahinda Rajapaksa government to inquire into the incident.

In fact, the writer once sought a meeting with the then Minister Hakeem to discuss accountability issues and the failure on the part of the government to address them. Although the Minister gave a patience hearing and acknowledged the urgent need to take remedial measures, the war-winning Rajapaksa government, instead of taking tangible measures, played politics. By late 2014, the SLMC switched its allegiance to the UNP-led coalition, formed with the US blessings to back the candidature of another political turncoat, Maithripala Sirisena, at the 2015 presidential election.

Hakeem received the Urban Development, Water Supply and Drainage portfolio in the succeeding Yahapalana government. The Tamil National Alliance (TNA), that had been an integral part of that alliance, served the Yahapalana interests well, though it refrained from accepting any Cabinet portfolio. The JVP, too, refrained from joining the Cabinet but their role in the Yahapalana operation is in the public domain.

The Yahapalana government betrayed the armed forces at the Geneva-based United Nations Human Rights Council (UNHRC), in October, 2015, but the extent of their treachery was highlighted two years later when that administration unceremoniously dismissed Lord Naseby’s revelations pertaining to the final phase of the war.

What made the SLMC leader Hakeem to compare three incidents – the killing of Wijeweera, and government protection for his family, in November, 1989; killing of Prabhakaran and his family on the banks of the Nanthikadal lagoon, in May, 2009; and the rescue of Zahran Hashim’s daughter, following the Sainthamaruthu blasts in April, 2019. Whatever the SLMC leader’s motive in highlighting the LTTE’s case now, the need for collective response on the part of the Parliament to address the concerns of the loved ones of those who engaged in terrorism cannot be overemphasised.

The circumstances of Prabhakaran, his wife and their daughter and youngest son remained mired in controversy. Like over 11,000 LTTE cadres, both men and women, including suicide cadres who surrendered to the advancing troops on multiple fronts, Prabhakaran and his family could have given themselves up to the Army on the Vanni front. They ignored that opportunity believing in a US operation to evacuate them.

Critically important combined stand

As mentioned by the SLMC leader during his 10 June speech in Parliament, a group of Opposition MPs handed over a letter expressing their concerns over the inordinate delay in filling the vacancies in the superior courts. Pointing out that the President, in his capacity as the Chairman of the Constitutional Council, had failed to fill those vacancies, the Opposition MPs stressed the responsibility on the part of the President to act in accordance with the provisions of the Constitution. They also reminded the Speaker that it would be his responsibility to protect the independence of the judiciary, which is an important part of the sovereignty of the people.

Kandy District MP Anuradha Jayaratne, represented the new Democratic Front (NDF) in the SJB-led effort, while NDF MP Ravi Karunanayake, too, joined, though he is in logger heads with the UNP over taking the National List slot won by the NDF at the last parliamentary election. Former President and UNP leader Ranil Wickremesinghe threw his weight behind the NDF, at the November, 2024, General Electio, but could not achieve the anticipated results. The NDF managed to secure just five seats, two of them National List slots.

All Ceylon Tamil Congress leader Gajendrakumar Ponnambalam, representing the Jaffna electoral district, signed the petition, along with the Sarvajana Balaya leader Dilith Jayaweera. Unfortunately, the SLPP hadn’t been part of that grouping. Responding to The Island queries, SLPP sources assured that though they didn’t sign the petition handed over to Speaker Wickremaratne, they wholeheartedly supported the initiative.

Whatever efforts by political parties/governments in power to interfere with the judiciary should be opposed at every level. The Rajapaksas went to the extent of impeaching Chief Justice Dr. Shirani Bandaranayake and removing her under the most despicable circumstances. Belligerent Rajapaksas reacted, as expected, following the Supreme Court rulings, including one against the then SLFP/UPFA strongman Basil Rajapaksa.

The ruling UPFA directed a series of unsubstantiated allegations against her, including financial impropriety and interfering in legal cases. SJB MP Dayasiri Jayasekera recently made reference to the impeachment of Dr. Bandaranayake when he censured the NPP move to extend the retirement age of judges of the superior courts. MP Jayasekera questioned whether the NPP wanted to retain Chief Justice Preethi Padman Surasena beyond the stipulated retirement age.

Although there had been a spate of interventions, the 2013 impeachment of CJ 43 was undoubtedly the worst case ever and the appointment of former Attorney General Mohan Peiris as her successor made matters worse.

The UPFA hit back hard at Dr. Bandaranayake following unprecedented controversy over The Town and Country Planning (Amendment) Bill and Divi Neguma, gazetted in 2011 and 2012, respectively. The UPFA abandoned the first Bill and then amended the second to avoid a referendum and the required 2/3 approval. By then, the cocky UPFA had decided to impeach Dr. Bandaranayake who stood up to outright political intimidation.

Ranil Wickremesinghe, during his tenure as the President (July, 2022, to September, 2024) reacted angrily to the Supreme Court ruling that he, in his capacity as the Finance Minister and the Election Commission, violated voters’ rights by arbitrarily delaying the Local Government polls in 2023. Wickremesinghe had been also angered by his failure to secure Supreme Court endorsement for his bid to appoint Dehabandu Tennakoon as the IGP in the run-up to the 2024 Presidential Election.

There had been so many other instances when the political party/coalition, in power, felt that the judiciary undermined its agenda. There cannot be better examples of the daunting challenge faced by the UPFA due to the Supreme Court stand during Dr. Bandaranayake’s tenure as the Chief Justice.

But post-Aragalaya period, no one expected President Dissanayake to pursue an agenda that compelled the BASL to issue hard hitting statements. Since May Day 2026, there had been two such statements from the BASL that should have triggered alarm bells. The NPP is obviously on the wrong path, believing that it can proceed with a 2/3 super majority unhindered in Parliament.

The first BASL statement dealt with President Dissanayake’s controversial May Day prediction of a court ruling in a high profile case. The second one responded to a move to extend superior court judges’ retirement age.

The government should rethink its strategy. With the national economy experiencing severe difficulties and the government under pressure to abolish fuel and electricity subsidies at the behest of the IMF, the NPP should concentrate on saving the economy instead of creating fresh issues that it cannot just brush aside just because of its steamroller majority in Parliament.

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Midweek Review

The Legacy Lost

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Gladdening was the sight at morn,

For the folk of the invisible village,

Of mirthful children trekking to school,

And refuge did they take in the thought,

That at least their young would be spared,

The crushing ordeals of tenant farming,

Since they would come by some erudition,

But our elders are now up against the truth,

That all is not well at the humble school,

Since even the morsel of education,

Painstakingly dished out there,

Comes with scary price tags attached;

Making dropping out the best thing to do.

 

By Lynn Ockersz

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Midweek Review

July 09: An inexcusable overall security failure and exceptional contingency plan

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A massive throng of people inside the President's House after mobs forced Gotabaya Rajapaksa to flee on 09 July, 2022

Ulugetenne

The Sri Lanka Navy, on 04 June, commissioned SLNS Samudravijaya, formerly United States Coast Guard Cutter Decisive. It is the fourth mothballed US Coast Guard cutter transferred to the SLN through the US Excess Defence Articles Programme. President Anura Kumara Dissanayake attended the ceremony at the Colombo Port. The US Embassy in Colombo, in a statement issued on the same day, quoted Defence Attaché Lieutenant Colonel Matthew House as having said: “Few partners have demonstrated the commitment to maintaining and operating these vessels as successfully as the Sri Lanka Navy. The outstanding condition and operational performance of SLNS Samudura, SLNS Gajabahu, and SLNS Vijayabahu are a testament to the professionalism and technical expertise of Sri Lankan sailors. Their stewardship of these vessels helped build the confidence that made this fourth transfer possible.” The first of the four vessels SLNS Samudura was commissioned on 19 February, 2005, during Chandrika Bandaranaike Kumaratunga’s tenure as the President. Milinda Moragoda, Economic Reforms and Science and Technology Minister of the previous UNP-led UNF government, played a significant role in acquiring that vessel. SLNS Samudura boosted SLN and participated in numerous operations, including the high profile hunt for LTTE floating warehouses, during the Eelam War IV. But, the US refrained from transferring any more big ships during the war though on the then Navy Commander Vice Admiral Wsantha Karannagoda’s request to provide intelligence and Washington obliging, made the successful hunt for LTTE floating arsenals in the last stages of the war possible. The transfer of the second vessel took place 19 years after the end of the war. Ex USCG Sherman was commissioned 06 June, 2019, as SLNS Gajabahu (P626). The third vessel was transferred to the Sri Lanka Navy on October 26, 2021, as the country was heading towards an unprecedented economic crisis. That vessel was commissioned as SLNS Vijayabahu at the Colombo Port with the participation of President Ranil Wickramasinghe and US Ambassador to Sri Lanka Julie Chung on November 20, 2022. Ironically SLNS Gajabahu, one of the ex-US vessels prominently figured in the contingency plan to save President Gotabaya Rajapaksa, but whose downfall was engineered by the US.

By Shamindra Ferdinando

The moment President Gotabaya Rajapaksa decided to take up residence at the President’s House (Janadhipathi Mandiraya), Fort, in the first week of April, 2022, the Navy had no option but to prepare a thorough contingency plan, in case the regime change project posed a realistic threat to the life of the President.

The President, in consultation with senior military officers, made his move within 48 hours after violence erupted outside his private residence at Pangiriwatte, Mirihana, on the night of 31 March, 2022. That decision seemed realistic and sensible at that time.

But, in the wake of the disastrous overall armed forces response to the coordinated violence unleashed by the regime change project on 09 May, 2022, in the aftermath of the Temple Trees ordered attack on Galle Face protesters, the top brass must have recognised the urgent need for total overhauling of security strategy. But, unfortunately, that hadn’t been the case. With violent crowds overwhelming the armed forces, deployed to block them, rapidly approaching the President’s House, those who had been at the makeshift Operations Room there were stunned.

In hindsight, the President’s decision to remain at the President’s House, regardless of the near failure on the part of the armed forces to repulse the raid on Temple Trees, on 09 May, seemed unwise. The rescue operation could have gone wrong and the war-winning President Mahinda Rajapaksa could have ended up in the hands of an angry mob.

Perhaps, the conspirators envisaged the President’s move, from Pangiriwatte to the President’s House, situated walking distance away from the Galle Face protest site, where they could draw additional strength.

The failure on the part of the government to take tangible measures, in the wake of the President’s House becoming the sole target on that fateful day, is a contentious issue that needs to be properly investigated. Don’t forget that the court case filed over the 09 May attacks on the residences and properties belonging to SLPP politicians, and some supporters ,was later withdrawn. The Wickremesinghe-Rajapaksa government never investigated the 09 May incidents.

Exactly two months after the mobs almost succeeded in breaking through defences at Temple Trees, on the night of 09 May/10, where Prime Minister Mahinda Rajapaksa was residing, they mounted the assault on the President’s House.

In the wake of the 09 May mayhem, President Gotabaya Rajapaksa named Lt. Gen. Vikum Liyanage as the Commander of the Army. He succeeded General Shavendra Silva who served as the CDS but was out of the country when all-out mayhem was unleashed by the Aragalaya mobs on 09 July, 2022, to oust the sitting government.

In spite of a direct and growing threat to the President’s House, on 09 July, 2022, the President felt confident in meeting the challenge. The President issued a directive to the Secretary, Ministry of Defence, General (retd.) Kamal Gunaratne, to shift the Operations Room from the Defence Force Headquarters, at Akuregoda, to the President’s House. Having shifted the Operations Room on 08 July, 2022, to the President’s House, as directed by the President, the top brass prepared to face the challenge.

Maj. General K.B. Egodawela, who served as an Additional Secretary (Administration) to the President, from the day the President moved to the President’s House, till he vacated on 09 July, 2022, in his memoirs ‘Aragalaya: Adarayen Prachandathwayata’ (From Love to Violence) revealed that though the top brass opposed the shifting of the Operations Room they carried out the directive. While the President felt that the top brass could collectively work at the President’s House to bring the situation under control, Gen Gunaratne proposed that the President should move to Akuregoda Defence Forces Headquarters, according to Egodawela. In fact, Gunaratne, who had been with Gotabaya Rajapaksa from the very beginning of the sinister campaign, strongly opposed the President’s decision to remain there.

Obviously, the President’s House pathetically failed to ascertain the scale of the protest and the rapidity with which protesters overwhelmed troops deployed outside the President’s House stunned the top brass. Had they swiftly reached consensus on Gen. Gunaratne’s suggestion, perhaps the 09 July regime change operation could have been thwarted. The armed forces could have resorted to tougher measures to prevent a march on Akuregoda Defence Forces Headquarters had the President agreed to move there.

Within two hours after the protest, targeting the President’s House began, video footage provided by drones indicated that troops couldn’t hold the rampaging mobs any longer. According to Egodawela, the top brass had been prepared to remove the President, even without his consent, by landing a helicopter in the Colombo harbor or by ship. Finally, they resorted to the second option. As the President and First Lady Ayoma got into a vehicle and took the rear exit into the adjoining former Navy Headquarters, mobs entered the President’s House. Another vehicle carrying several other persons followed.

The then Navy Commander Vice Admiral Nishantha Ulugetenne who had been with the President at the President’s House got into the vehicle carrying the President. Had they stayed at the President’s House for 10 more minutes, the consequences could have been devastating. https://island.lk/gotabayas-escape-from-aragalaya-mob-in-rti-spotlight/

Egodawela, who had been with the President from the very beginning of the presidential term, alleged that the raiders planned to kill the President and several others and display their bodies. The author quoted an unidentified intelligence officer as having told him that the raiders wanted to display the bodies the way LTTE leader Velupillai Prabhakaran’s body was shown.

Perhaps shifting the Operations Room from Akuregoda Defence Force Headquarters to the President’s House had been a risky move that, in a way, facilitated the regime change operation. The rationale in bringing those who had been tasked with countering the impending threat to one place (President’s House) to be with the target (Gotabaya Rajapaksa) seems unbelievably a dicey move. The President had been influenced by what he described as inordinate and unforgivable delay on the part of the Akuregoda Operations Room to carry out timely evacuation of Prime Minister Mahinda Rajapaksa on the night of 09 May from Temple Trees. Most probably, the President wanted to oversee the 09 July counter operation personally. But, in hindsight, the decision to shift the Operations Room from Akuregoda to the President’s House obviously hadn’t been a clever move.

SLN preparations

When mobs threatened to overwhelm the President’s security at Pangiriwattta, on 31 March, additional police and STF contingents were brought in. They were followed by the Navy and Air Force. The Army arrived at the scene, subsequently.

As pointed out by the President himself, the situation at Temple Trees, on 09 May, had been far worse and the combined police and armed forces response revealed that they hadn’t taken precautionary/counter measures, even after the Pangiriwatta fiasco.

At the time of the incidents, the overall Temple Trees security deployment included about 60 elite Special Boat Squadron (SBS) personnel deployed within the premises and were supplemented by seven SLN platoons. The Army also moved in to strengthen Temple Trees defences but the mobs pressed on till troops fired blank ammunition.

The top brass, directing counter measures from Akuregoda Defence Force Headquarters, had to act swiftly and decisively to evacuate those at the Temple Trees or face the consequences. As there hadn’t been any other alternative place of living proposed, Prime Minister Mahinda Rajapaksa, wife Shiranthi and their eldest son Namal were escorted to nearby former Air Force Headquarters and from there flown to the Trincomalee Navy base. VA Ulugetenne, over the phone, issued instructions to the relevant officer in Trincomalee to make arrangements as two helicopters carrying the group took off from the helipad on the top of the former Air Force Headquarters. The helicopters departed around 04 in the morning.

They had stayed at Trincomalee Navy House for about a week and, as requested by the Navy, paid for their stay because by then Mahinda Rajapaksa had resigned. Perhaps, they could have taken refuge at the Panagoda Army cantonment or at Saliyapura, home to the Gajaba Regiment, but, at the end, sought the protection at the Trincomalee Navy base.

Ironically, President Gotabaya Rajapaksa, too, had to take refuge at the Trincomalee Navy base, exactly two months later. Ever since the President moved into the President’s House, Fort, the Navy had been on their toes to meet any eventuality. The daunting task of arranging evacuation by sea fell on the shoulders of VA Ulugetenne, who, meticulously, planned the operation with his staff.

Having informed the President of the contingency plans, VA Ulugetenne stationed two Advanced Offshore Patrol Vessels (AOPVs), namely SLNS Sindurala and SLNS Gajabahu and four Fast Attack Craft (FACs), at the Colombo Port. It would be pertinent to mention that SLNS Sindurala, built at the Goa shipyard, in terms of an agreement signed at the tail end of the Mahinda Rajapaksa government, was adjudged the best vessel in the SLN fleet in 2022.

Additional SBS personnel and snipers, too, had been brought in to Colombo though none of them knew exactly what their task would be. The OPV and FAC crews most probably felt that they were awaiting orders for a major anti-drug operation in the high seas.

As the decision was made to evacuate the President and the First Lady, the Chief alerted the vessels and quickly deployed tugboats to pull SLNS Sindurala and, shortly thereafter, SLNS Gajabahu, formerly of the US Coast Guard, carrying the President and the First Lady. By the time the two AOPVs moved in different directions, on the instructions of VA Ulugetenne, the hand phones of SLNS Gajabahu crew were collected to prevent them from revealing what was happening. Along with the AOPVs, two pairs of FACs had moved out to sea. (https://island.lk/ranil-reveals-bid-to-get-rid-of-him-while-gr-was-fleeing-to-trinco-on-board-slns-gajabahu/)

Nearly 12-hour journey to Trinco

The SLNS Gajabahu, formerly of the US Coast Guard, had a crew consisting of over 100 officers and men. Someone, most probably a port employee, posted a short clip of some unidentified persons taking large travelling bags into the ship but the President, First Lady and VA Ulugetenne going in were never captured on a camera.

As the vessel began its journey towards Trincomalee, it remained approximately 12 nautical miles from land and the President received many calls, some of which weren’t answered. VA Ulugetenne, too, received quite a number of calls. Those familiar with the developments at that time said that some felt that SLNS Gajabahu should move out of Sri Lankan waters. There had been suggestions that the destination should be the Maldives, India or Singapore. Regardless of such suggestions, SLNS Gajabahu proceeded towards Trincomalee where the Navy made necessary arrangements to host them.

Captain Marlon Perera, who still serves the Navy, had been the Commanding Officer of the vessel. Perera now holds the Commodore rank.

During the journey precautions were taken to ensure the safety and security of the President and the First Lady. Although the crew hadn’t been aware that they would be entrusted with such a sensitive task at a time the country was in crossroads against the backdrop of an economic collapse and sovereign default, there were fears of the crew being affected by propaganda in support of regime change operation.

The attempt made by sailor Wijemuni Vijitha Rohana de Silva to cause harm to Indian Prime Minister Rajiv Gandhi, way back in July, 1987, underscored the necessity to take precautions during the Colombo-Trincomalee journey as the possibility of anti-Gotabaya campaign having an impact on at least some members of the ship crew couldn’t be ruled out.

On July 30, 1987, during a guard of honor in Colombo, the 21-year-old naval rating struck Gandhi on the shoulder and back with the butt of his rifle. Gandhi narrowly avoided the full impact of the blow by evasive ducking.

On the invitation of VA Ulugetenne, Gotabaya Rajapaksa attended all the formalities in respect of a visit undertaken by the President to the Trincomalee Navy base. The President participated in those formalities knowing that he couldn’t attend the commissioning parade that was scheduled to be held on 15 July, 2022. The Navy was not in a position to put off the commissioning parade hence the decision to invite Defence Secretary Gunaratne as the Chief Guest.

Ulugetenne retired from active naval service on 18 December, 2022, following a distinguished career, spanning over 37 years. He received the appointment as the 24th Commander of the Navy in July, 2020, just a couple of months after Gotabaya Rajapaksa’s election as the President.

Wickremesinghe, in his capacity as Gotabaya Rajapaksa’s successor, appointed Ulugetenne as Sri Lanka’s Ambassador to Cuba. The appointment was made in late 2023 and the retired Navy Chief presented his credentials to Cuban President Miguel Díaz-Canel on 13 February, 2024 (https://island.lk/from-fonseka-convictions-to-arrest-of-ulugetenne/)

However, within weeks after the last presidential election held in late November, 2024, the NPP government recalled over a dozen top envoys appointed by the previous administration. Admiral Ulugetenne was among them. The government deprived a decorated officer, who had served the country for nearly four decades, from completing his term in Havana. Within months after his return, he became the target of a murder investigation.

Then out of the blue the retired Navy Chief became the focus of a murder investigation, that, too, post-war. The Criminal Investigation Department (CID) arrested him on 28 July, 2025, over the disappearance of a person reported in July, 2020.

Kurunegala High Court Judge Tikiri Jayatilleke, on 14 October, 2025, granted him bail. Jayatilleke declared that the CID acted in an illegal manner in respect of the former Navy Commander. His counsel Kalinga Indatissa, PC, alleged in court that his client had been apprehended only on the basis of an ex-LTTE cadre’s allegation in the absence of any evidence

The next hearing is scheduled for 08 July, 2026. Ulugetenne was held at the Kegalle Prison for four days and then transferred to the Dumbara (Pallekale) Prison. Altogether, he was in prison for 80 days, like a common criminal, despite him being a former Navy Commander with an unblemished career record.

Wartime Chief of Naval Intelligence, Rear Admiral (retd) Sarath Mohotti, who had been also arrested in connection with the same investigation, was also granted bail, a few weeks later.

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