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Easter Sunday carnage: Fr. Cyril Gamini and CID

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I read with interest the article published by Dr. Laksiri Fernando concerning the CID investigations into the allegations made by Fr. Cyril Gamini. Dr. Fernando professes that his article consists of an independent opinion, albeit known to Fr Cyril Gamini (Fr.CG) since 1996. However, there are several conclusions and points of view expressed by Dr. Fernando in his article, which belies the claim of an independent opinion, and is demonstrably and palpably biased and prejudiced, especially towards the Law Enforcement Authorities.

The article commences with a claim of harassment – that Fr.CG had to undergo two days of questioning for “no valid reason”. If an individual claims to have knowledge of the mastermind of the Easter Bomb attack, and, in fact, insinuates that the Head of State Intelligence was hand in glove with a terrorist, is that not a valid reason for the CID to question the accuser, at length, and give all opportunity and ample time to produce such evidence? The allegations of Fr CG, made a few years after the Easter Bombing (2019) and at a public forum, and not to the relevant law enforcement authorities investigating the matter, is, indeed, a serious issue affecting the National Security of the Country.

The allegation is directly contradictory to the contents in Zahran Hashim’s video recording aired on Swarnavahini and presented before the PCoI, where the authenticity of the same had been confirmed by the Government Analyst Department. In the said video, Zahran Hashim refers disparagingly to the state intelligence officers, calls them “dogs’ ‘ trying to destroy the cause and proudly declares their missions have no help from non-believers, which is polar opposite to the stance of Fr CG. Furthermore, such allegation is made by Fr CG in a background where over 350 intelligence reports had been issued during the period 2015-2019 to “the powers that be” by the State Intelligence Officers, citing the names of most of the suicide bombers, including Zahran Hashim, and their possible modus operendi (Vide: Dr. Rohan Gunaratne’s television interview where the Zahran Hashim video was aired in full as well as PCoI records). Such conduct certainly does not appear to be the actions of persons acting in concert with terrorists. Therefore, isn’t the CID justified to question Fr CG on what evidence he possesses to insinuate that the State Intelligence Authorities were hand in glove with Zahran Hashim, and which divine power gave him knowledge about the alleged mastermind?

If Fr CG is evasive in his disclosures, is the CID not entitled to question him repeatedly on this most vital issue? We have seen in the past, many ministers, ex- ministers, ordinary citizens, public officials being summoned to the CID (and even the illegal FCID) and being questioned for well over two days on various issues. This is nothing unusual in an ongoing investigation, not only in Sri Lanka, but in parallel law enforcement procedures worldwide. If Fr. CG is genuine about assisting the investigations into the Easter Bombing, he should be more than happy that the CID is meticulously questioning him on all aspects of the issue. Instead, he is now attempting to vilify the CID, and claiming that he is being questioned unnecessarily. Can he decide what is necessary and unnecessary And, what superior knowledge does Dr. Fernando have, to pen his article on the firm belief that Fr.CG had been subject to undue inquisition? Was he present at the CID, observing the manner of questioning?

What is truly shocking is that Dr. Fernando has unequivocally asserted that Major General Suresh Salley, as the Head of SIS, is apparently exerting undue influence, regarding these cases, on the CID. On what basis is such a serious allegation made against the Head of SIS? Dr. Fernando fails to support his declaration with an iota of proof. Surely, as a professional, he knows better than to make loose cannon statements for public consumption? He blatantly faults Major General Suresh Salley for instigating the CID to harass Fr. CG! As a member of the public, I feel the contrary is true! Major General Salley is unnecessarily harassed and defamed by not only Fr CG but by the Dr. Fernando himself, who has obviously written this article whilst on cuckoo land!

Dr. Fernando has then focused his attention to what he considers as the “mysteries” in this entire saga. In writing the mystery series, Dr. Fernando appears to have closed his eyes to the facts already well documented and on record, both at the PCoI and Zahran Hashim’s own video, where much of the motive for the bombing and the manner of execution is lucidly explained.

Dr. Fernando claims to be puzzled why churches and hotels were targeted and states that there is no nexus as Muslims and Christians lived in harmony! Well one only has to listen to Zahran Hashim himself for the mystery to be unveiled, as he firmly cites the famous New Zealand massacre of Muslims inside their place of worship – the Mosque – as the reason why churches were targeted. As to why the hotels were targeted, that, too, is explained by Zahran Hashim himself. If Dr. Fernando cares to recollect, all Five Star Hotels in Sri Lanka were full to capacity with tourists during that period, and on this particular Sunday most hotels held Easter Celebrations. Zahran, in his video, demands from his comrades not to let the foreigners “get away” and to remember what Allah said about non-believers …. He declares that the foreigners have killed “their people” and are now in Sri Lanka holidaying. He claims that these foreigners are the people who abused Allah, wrote the name of Allah on the backs of pigs and called Allah a Neuter. Surprisingly, when penning this all-important article for public consumption, Dr. Fernando appears to have no clue of this video aired on TV, presented to PCoI and accessible to us, the ordinary public. Did the Dr. Fernando at least file an RTI application and seek this information, before writing his mystery series and creating unrest in the mind of the general public!

Dr. Fernando then claims that the security organisations had been doing nothing since 2014 whilst these terrorist organisations were operating freely. Sir, how then do you explain the 350 odd reports, prepared during 2015 -2019, and sent to the Head of the State, the Prime Minister and the Police? No one can deny the existence of these reports clearly identifying the culprits, as the reports were dispatched and found in the offices of the relevant authorities. Most were presented before the various commissions. Does Dr. Fernando think these reports were written magically, with the waving of a wand by a fairy godmother, whilst the state intelligence agencies slept? Where is the ‘apathy’ and ‘indifference’, which Dr. Fernando speaks of relating to the state intelligence? Does he understand the role of an intelligence service in the first place? Their role is information gathering and submitting the same to the relevant authorities for action. In what manner had they shirked their responsibilities, when over 350 reports identifying correctly the culprits and the possible threats, have been sent to the relevant authorities? The PCoI recommendations, which Malcolm Cardinal Ranjith himself demanded implementation, had not faulted the State Intelligence Services. They fault those responsible for enforcing security measures. But now we have a “Dr. Fernando” in his wisdom blaming the blameless.

I find humour in Dr. Fernando’s observation that the security apparatus has failed to act on “the early warnings”, when the earliest and consistent warnings have been given by none other than the Military Intelligence and State Intelligence Services! Need I say more? He faults Major General Suresh Salley for lodging a complaint at the CID about the potential threats he may receive to his life and that of his family. Is it hisposition that holders of government office or the members of the law enforcement authorities cannot resort to the grievance procedures and protection of the law enforcement agencies that are available to all citizens of the country? Don’t or shouldn’t the State Intelligence Officers enjoy equal rights or the equal protection of the law?

Dr. Fernando proceeds to extol the virtues of Fr CG and states he had every right to express his views. But dear sir, it is not only “views’ ‘ he expressed! He claimed to know the identity of the “Mahamolakaraya” of the Easter Bombing, and insinuates Major General Suresh Salley having a clandestine association with him to the detriment of the nation! Surely, Dr. Fernando knows the difference between opinion and views that are based on true facts, as opposed to slander, mischief, or inciting the public by false rumours?

Finally, Dr. Fernando states he is not clear in what context Major General Suresh Salley’s name is mentioned by Fr. CG. This means that Dr. Fernando had not even listened to Fr. CG’s interview, prior to donning his garb as the gallant knight ready to defend the so-called victim!

Dr. Fernando and Fr.CG appear to be two peas in a pod!

MANORANI JINADASA



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Opinion

‘CEB engineers should be ashamed of power cuts’

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The Secretary, Energy User’s Association, Sanjeewa Dhammika seems to be confused or uninformed as regards his statement that engineers of the CEB should be ashamed of power cuts. He says, ‘They must implement the Long-Term Generation Plan. They too have scuttled the schemes that could have helped to overcome the current situation…’ These accusations should be squarely placed on the government and the Public Utilities Commission of Sri Lanka [PUCSL], which torpedoed the Long Term, Least Cost Generation Plan when at first PUCSL objected to the plan for having a coal plant included and it took a long period to settle the issue. Next, President Gotabaya Rajapaksa boastfully announced the cancellation of the additional coal plant at Norochcholai and set a target of 70% renewable sources of energy by 2030 without consulting the CEB as to its capabilities in reaching the target. When I say capabilities, I mean the administrative structure, the available resources and what is needed, etc. On top of that, the then Minister for Power and Energy, Ranjith Siyambalapitiya, interfered in awarding the tender by over four years for the construction of the Kerawalapitiya LNG power plant. If that project was approved in time, perhaps the CEB could have averted power cuts. Keep all that aside, the most important factor is the non-availability of US dollars to purchase fuel which caused the shut down of the Biyagama oil refinery and also the refusal of CPC to supply fuel to CEB due to non-payment, running into billions.

My sincere advice to the Secretary to Energy Users Ass. Jeewaka Dhammika is do not mislead consumers without knowing facts.

What I have stated above is what I have gathered from newspaper reports and could be refuted or confirmed by CEBEU or any other.

G. A. D. Sirimal
BORALESGAMUWA

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SL Volunteer Air Force in counter-insurgency ops in 1971

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This article was written by the late Sqn. Ldr. J.T. Rex Fernando (S. L.A.F.Retd.), First Commanding Officer Sri Lanka Volunteer Air Force, four years ago.

The contribution made by the Sri Lanka Air Force throughout five and a half decades, to safeguarding the country’s airspace and thereby the territorial integrity, has been given wide coverage in the print and electronic media. Recounting its illustrious history, it can look back with pride and satisfaction at its enviable record of operational successes, its reputation and also its contribution towards the development of the country’s non-military fields.

While recounting the vital role it played in crushing the abortive armed insurrection of 1971, it is only appropriate to recall the supportive role of the Sri Lanka Volunteer Air Force.

Armed insurrection

The armed insurrection of April 1971, to overthrow the lawfully constituted United Front Government, demonstrated clearly the tragic unpreparedness of the Government’s security forces at the time to deal promptly with a major, bloody uprising as the one the insurgents launched. On the one hand, there were not enough arms and ammunition. On the other hand the strength of the security forces was far below that which was required to sustain a major operation. The Air Force in particular had to perform a number of tasks in the first difficult days of the campaign with the Regular Force and found the need to supplement the relatively small Regular Force.

On April 24 Prime Minister Sirimavo Bandaranaike said, “On the 5th of April we found that we had inadequate weapons, ammunition and aircraft to meet a sustained threat over a long period of time by the terrorist insurgents.” The Prime Minister made this point again in July when she told the parliament that, “The week immediately following the 5th of April was an extremely vital week and the armed forces and the police had to struggle against many odds during this period.” The Air Force had to expand and expand fast. Likewise, other sections of the security forces had to be put in a state of preparedness to deal with any future threat to the country’s security. The need of the hour, when the country was facing a considerable threat from terrorists, was to strengthen the Armed Forces and the Police. It was this pressing need that led to the formation of the Sri Lanka Volunteer Air Force.

Establishment

To Air Vice Marshal Paddy Mendis, the establishment of the volunteer Air Force was the realisation of a cherished dream. For over 20 years, since inauguration of the Volunteer Force had never been given serious consideration. With the pressing requirement to supplement the regular strength, the formation of the Volunteer Air Force was formally authorised by a proclamation by the President on 14 April, 1971.

Appointed the first Commanding Officer, I was directed by A.V.M. Mendis to proceed with the setting up of the infrastructure, recruitment, training and deployment as a matter of utmost priority. The task itself was challenging and unenviable. However, with the guidance of the Commander and the continuous support of the Air Force Board of Management and with the exemplary dedication and admirable commitment of my adjutant Flt. Lt Mani Seneviratne, the task was pursued and successfully accomplished.

Role

The role of the Volunteer Force was essentially to assist the Regular Force in its primary and internal security duties. With more volunteers employed on internal security duties the skilled regular tradesmen were able to concentrate on their specialist technical and other skilled duties.

Organisation

On the basis of their functional role the Volunteer Force was organised broadly into Ground Operational Squadrons, Work Services Squadrons and Air Operational Squadrons. Despite the relatively short period of training and the limited ‘on the job training’ Volunteer personnel contributed considerably to the Air Force tasks. Apart from internal security duties and general operational tasks Volunteer personnel were employed in almost every field of Air Force activity, on flying duties, airfield construction, mechanical transport operations and maintenance, engineering duties, logistics and catering duties and administrative, clerical, medical and other miscellaneous service duties. The Air Field Construction Regiment was organised to undertake major construction projects and maintenance commitments. The Volunteers working side by side with the regulars assimilated the service form and gained confidence. The ‘esprit de corps’, the cordiality and friendship that prevailed contributed greatly to the success it achieved.

Recruitment and training

Recruitment commenced almost immediately. After the promulgation, the first batch of Volunteer Officers and Airmen commenced their initial Ground Combat training at Diyatalawa on April 23, while the Volunteer pilots at the same time commenced flight training at the No. 1 Flying Training School, China Bay. The task of the Instructors was not an unenviable one. They had to train personnel recruited from various walks of life as combatants capable of operating their intricate flying machines and coping with various operational and non combatant duties within a short period. The full, authorised cadre was recruited and training completed by the end of May.

The initial training courses were so designed to mould the trainees into alert, efficient and well disciplined members of the Air Force; proficient in all basic aspects of ground combat and other general responsibilities; capable of working with confidence, side by side with their regular counterparts in a supporting role. All Volunteer trainees, within the short training period, were trained adequately in varied service aspects, among which were drill, weapons training, field-craft and tactics, map reading, jungle training and watermanship, Air Force Law, and afforded an adequate knowledge of the organisation of the Air Force, along with first aid and fire fighting. Special emphasis was placed on physical fitness and the standard of physical fitness gradually raised, training them to take on the role of combatants irrespective of their specialised trades. Subsequent to initial combat training, trainees were afforded ‘on the job training’ on their particular trade duties.

Among the officers, specialists recruited were General Duties Pilots who were required to supplement the meagre number of Regular Pilots who were continuously flying day and night on operational and Air Transportation commitments, since the outbreak of the terrorist offensive. The Volunteer Pilots were intended to provide some relief though it was not possible to immediately employ most of them on operational duties. While very few were experienced pilots, most of the selected pilots had previous experience in light trainee aircraft only. After a rapid training course on the basic Chipmunk, then converting to the Dove and Heron aircraft, they were able to be of assistance to the Regular Pilots.

Spontaneous response

With the formation of the Volunteer Air Force there was an encouraging and unprecedented response from persons of all walks of life to join the Force. Reputed professionals of various disciplines as well as highly skilled and semi killed persons were all driven by a sense of patriotism and yearning to contribute their skills to preserve sovereignty and national integrity. While a great number of professionals volunteered and served with distinction, it is appropriate to mention the names of some in appreciation and expression of gratitude for their service, and also to highlight the multiplicity of disciplines and professions that made up the Volunteer Air Force. Medical professionals, Senior Consultant Late Dr. T.H. Amarasinghe, Consultant Surgeon Dr. S. Maheshwaran, Dental Surgeon Dr. S. Rajapakse, experienced and reputed pilots Susantha Jayasekara and David Peiris, Consultant and Chartered Cost Accountants late Dayalan Tharmaratnam and S. Balakur, Registered Auditor R. Ramachandra and Chartered Management Consultant, Kuda Liyanage, Banker Nimal Gunatunge, Chartered Civil Engineers Mervyn Wijesinghe and Ben Navaratne, Chartered Architect Mano Kumarasingham, Attorney at Law and Human Resources Consultant Tilak Liyanage and Lucky Moonamale, Civil Servant Mervyn Koch, Management Specialist Mahes Goonathilake, Business entrepreneurs late Ed Nathanielz, late Bevis De Silva, Upali Gunesekera and late Harold Pilapiya, reputed entertainer Desmond De Silva and National Cricketers Brian Obeysekera, Tony Opatha and Nihal De Zoysa are a few noteworthy examples.

All these gentlemen with a great number of others served the force with distinction. Most of them did so despite personal inconvenience, disruption of their regular employment, business and domestic life since most of them were stationed in remote and uncongenial locations such as Ridiyagama, Weerawila, Weeraketiya and Hambantota.

Entry of women

The entry of women into the Volunteer Force can be considered a unique feature of the formulation of the Volunteer Force. Armed Services, an exclusive preserve of the men, opened its doors to the women. The four pioneering women on graduating on 4 October, 1972 were engaged in secretarial duties and duties associated with tourist flying.

Continued mobilisation

It must be accepted that when personnel initially enlisted in the Volunteer Force, they did not anticipate to be mobilised for prolonged periods of time. Especially those with permanent employment and holding responsible positions and those in the government sector encountered hardships as a result of continued mobilisation and deployment in remote areas. Some of them were gradually absorbed into the Regular Force, and some left after fulfilling an obligation on cessation of hostilities.

Contribution

In 1973 just two years after the formation of the Volunteer Force, the Commander of the Air Force AVMP. H. Mendis, with a sense of great satisfaction, referring to the Volunteer Force asserted, “As a result of hard work and dedication to duty of the highest order, the Volunteer Force has distinguished itself in combat, security, administrative, operational and constructional duties. Your units are based in many locations within the country and you have carried out your duties exceptionally well.”

Every Volunteer was conscious that he or she had a vital role to play in the defence of the country. The sense of dedication and devotion to duty inculcated by the Regular counterparts was indeed the most encouraging feature of the Volunteer Organisation.

These gentlemen who spontaneously responded to a call to serve the country in her hour of peril, maintained their enthusiasm and displayed remarkable dedication to duty. Their service was of help to the Air Force at a time the country was plunged into bloody chaos. It is only appropriate to recall their contribution and express our appreciation of their services.

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Opinion

Priority need to focus on Controlling Serious Economic Crimes

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Open letter to President Gotabaya Rajapaksa

The Ministry of Defence has advertised five vacancies for the “Recruitment as Reserve Assistant Superintendents of Police to the Ministry of Defence, affiliated to the Sri Lanka Police, skilled professionals to become proud members of the Ministry of Defence, dedicated to the sovereignty, unity and territorial integrity of Sri Lanka as well as to public safety and to play a superior role for the nation. These recruits will function as Cyber and Forensic Analyst, Geo-Political and Strategic Analyst, Counter Terrorism and Violent Extremism Analyst, Economic Analyst and Statistical Analyst (the last two covering security perspectives regarding national security)”. Any justified decision to strengthen the knowledge and skills based professional capability of existing human resource of the state is a welcome move, so long as the recruits have in addition to the specified qualifications, requisite commitments to best practice professional standards, ethics, correct attitudes and values.

The caring civil society fervently hopes, in accord with your stated commitments in the manifesto and the several public pronouncements that followed your election as the President, that you, with the support of your Cabinet colleagues and the top officials of the executive, will similarly focus on the essential priority need to focus on controlling serious economic crimes, which can easily debilitate the financial integrity, fiscal and monetary stability and solvency of Sri Lanka; and if allowed unabated will destabilise the economy and prevent the realisation of the goals of splendour and prosperity.

The optimum operational environment to assure financial integrity minimizing serious economic crimes is by having effective laws, regulations, policies, systems, procedures, practices and controls, with efficient and effective independent oversight mechanisms, enforcements, investigations and prosecutions, followed by independent justice systems with penal sanctions and recovery of proceeds of crime. The critical drivers of such a system are independence, capability and professionalism of supporting human resources in the entire chain. It is however quite evident from many case studies that the systems controlling financial integrity of Sri Lanka fails to meet required standards of effectiveness, due mainly to the lack of competent and committed professionals in the chain engaged in independent oversight mechanisms, enforcements, investigations and prosecutions. Due to this incapacity the independent oversight control, enforcement, investigation, prosecution and punishment of offenders of money laundering, transfer pricing, securities offenses, bribery, corruption, financial fraud, organised crimes, drug trafficking, smuggling, and avoidance of taxes/ excise and customs duties are ineffective; and more importantly the recovery of proceeds of these crimes eventually fail and are thus unable to restore the state revenues leaked and state assets stolen or defrauded.

Civil society looks to you as the President, to take early action to strengthen the structures, systems, laws and regulations along with the capacity of the resource persons engaged in the independent oversight control and enforcement of mechanisms; and thereby minimise serious economic crimes system wide and facilitate successful recovery of proceeds of crime. In the above context it is suggested that you pursue the undernoted strategic action steps under your direct leadership supervision:

* Seek Cabinet approval to set up an Enforcement Directorate similar to that of India under the supervision of the Inspector General of Police, reporting to an Independent Public Commission made up of three members, comprising of a high integrity competent retired Appellate Court Judge, a retired Senior Officer of the Auditor General’s Department and a retired Senior Officer of the Central Bank.

* Enforcement Directorate to be entrusted with the mission of minimizing the identified serious economic crimes systems wide; enhancing oversight mechanism and controls system wide and where suspected that any such crimes having taken place professionally investigating and prosecuting, optimizing recovery of proceeds of crime

* Seek technical support in setting up the Enforcement Directorate from the Financial Integrity Unit of the World Bank and its affiliates Financial Action Task Force, UN Office on Drugs and Crime and the Stolen Asset Recovery Initiative with extended human resource training and development support from bi lateral supporting countries and other specialized agencies

* Recruit competent and highly professional staff for the Directorate, similar to the staff recruited to the Defence Ministry; and support them with requisite resources, knowledge, skills, systems, data bases, best practices and technical and investigation assistance linkages

* Enact essential legal and regulatory reforms, commencing with the early enactment of the Proceeds of Crime Act draft sent to the previous regime for cabinet endorsement

* Enhance the capability of the prosecutors of the Directorate to successfully prosecute serious economic crimes and judges to effectively support the judicial processes connected therewith

* Make it a compulsory requirement of all state remunerated persons to adopt the ethical standard to report to the Directorate any known or suspected non compliances with laws and regulations

Trust you and your advisory team will give due consideration to this submission

Chandra Jayaratne

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