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Midweek Review

Gin-Nilwala rip-off and culpability of Parliament

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By Shamindra Ferdinando

The Presidential Media Division (PMD) on the afternoon of Oct. 06, 2021 released a letter (PS/LAD/1/9/2021(iii)) Attorney-at-Law Harigupta Rohanadeera, Director General (Legal) President’s Office has sent to Attorney-at-Law W.K.D. Wijeratne, Director General, Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

The letter requested the CIABOC to submit a report to President Gotabaya Rajapaksa within a month as regards the revelations made by the International Consortium of Investigative Journalists (ICIJ) pertaining to Sri Lankans engaged in controversial offshore transactions. Rohanadeera’s letter didn’t name anyone though by then the media all over the world, on the basis of ICIJ investigations, named former parliamentarian Nirupama Rajapaksa and her husband Thirukumar Nadesan as operators of offshore accounts.

Instructions issued to the CIABOC should be examined against the backdrop of Nadesan’s plea to President Gotabaya Rajapaksa that he preferred a retired judge of the Court of Appeal to inquire into the ‘Pandora Papers’ revelations.

The following is the text of Nadesan’s letter dated Oct 06: “My name and that of my wife have been referred to as having various accounts/assets offshore. These references are in what is referred to as the Pandora Papers.

“It is commonly believed that all persons whose names have been so divulged are in some way guilty of wrongdoing. Several world leaders, including His Excellency Imran Khan have publicly announced that they will investigate anyone whose names appear in Pandora Papers.

“I assure your Excellency that my wife and I are totally innocent and are guilty of no wrong doings. In the circumstances, I humbly request Your Excellency to appoint an independent investigator, preferably a retired appeal court judge, without delay, to investigate this matter so that my name and that of my wife would be cleared.

“I am making this request to Your Excellency because my wife and I have suffered heartache and pain of mind. We have been presumed guilty, the presumption of innocence is reversed. It is in these circumstances that I make this humble request to your Excellency.

“Please forgive me for intruding on your time.”

The one page letter has been sent from Nadesan’s Horton Place residence ‘Montrose’, No 95.

Is the CIABOC capable of investigating Pandora Papers revelations? The CIABOC comprising retired Supreme Court justice Eva Wanasundera, retired Appeals Court justice Deepali Wijesundara and former head of State Intelligence Service (SIS) retired DIG Chandra Nimal Wakista, faces a daunting task in producing a report within a month.

The ICIJ declared: *”In the U.S., lawmakers said they will respond to the Pandora Papers with new legislation targeting financial professionals and other businesses that move dirty money for corrupt clients;

*The European Commission’s head of taxation said the commission will push to crack down on tax avoidance and expand information exchange between countries; and

*Enforcement agencies or leaders in India, Spain, Ireland, Mexico, Germany, Pakistan, Bulgaria, Australia, Brazil, Sri Lanka, Paraguay, Panama and more have vowed to act on the Pandora Papers revelations, as new stories continue to be published and the global response to the investigation continues to grow and evolve.”

CIABOC’s status

The 20th Amendment to the Constitution, enacted in Oct 2020, deprived the CIABOC the power to initiate action. The much-touted move hailed by the ruling Sri Lanka Podujana Peramuna (SLPP) as a measure to restore political stability, obviously weakened the outfit. However, the CIABOC’s performance, even before the enactment of the 20 A, has been questionable though it engaged in some high profile exercises during the yahapalana administration. Its passage with a 2/3 majority in Parliament was followed by the CIABOC giving up on investigations initiated during the yahapalana administration.

The Transparency International Sri Lanka (TISL), the first to demand a thorough domestic investigation into the Pandora Papers has, subsequently lodged a complaint with the CIABOC seeking an investigation. Executive Director TISL Attorney-at-Law Nadishani Perera says the CIABOC has very clear powers and laws to deal with complaints though technically it cannot act on its own as a result of the 20th Amendment.

Having lodged the complaint on Oct 7, the day after President Gotabaya Rajapaksa’s intervention, TISL asserted that the transactions revealed could amount to offences under Section 23A of the Bribery Act hence the need to probe into the Declarations of Assets and Liabilities of Mrs. Nirupama Rajapaksa relating to her tenure as a Member of Parliament. TISL also points out that CIABOC is empowered to take relevant action on acquisitions through unknown sources of wealth or income, under Section 4(1) of the CIABOC Act under the provisions of the Bribery Act or the Declaration of Assets and Liabilities Law. The anti-corruption outfit suggested that investigations could be pursued under Section 70 of the Bribery Act, to investigate whether public funds had been embezzled and laundered through these foreign safe havens.

The contentious issue is whether serving or former parliamentarians or their relatives can be properly investigated without political interference. The CIABOC has conducted successful investigations even on the basis of anonymous complaints. Let me give an example to prove how a successful prosecution has been achieved in the case of a person failing to make an asset declaration.

 The Colombo High Court of No.6, Judge Patabendige on June 12, 2020, convicted a Supply Assistant of Ceylon Electricity Board (CEB) attached to the Ratnapura Branch, Wijekoon Mudiyanselage Sumanasekera, in a case prosecuted by the CIABOC based on an assets investigation conducted on an anonymous complaint received by the Commission.

 The accused, residing at the Millennium City Housing Scheme, No 14, Aturugiriya, has been accused of accumulating Rs.6 mn assets through bribes exceeding his actual income. HC judge Patabendige imposed a five year rigorous imprisonment and a fine of Rs. 5,000/-. In default of fine, further three months simple imprisonment was imposed.

The judge further ordered the official under section 26(b) of the Bribery Act to pay Rs.11,960,093/98 which was twice the amount earned by bribes. In default of payment, the accused was subjected to a term of a further two year rigorous imprisonment.

Judge Patabendige also issued an open warrant on the accused and ordered to inform the Department of Immigration and Emigration in that regard.

Deputy Director General of CIABOC Mrs. Ranjani Senewiratne prosecuted. Investigation was conducted by the OIC of the Assets Investigations Division.

However, the CIABOC will have to work closely with the Central Bank, the Inland Revenue and even the Foreign Ministry in addition to the ICIJ in conducting investigations into the Nadesan affair. Parliament, too, will have to monitor what can be easily declared as the biggest case undertaken by the CIABOC. The issue at hand is whether the assets under the name of Nirupama Rajapaksa and Thirukumar Nadesan had been declared to the relevant authorities.

 Regardless of attempts to depict the questionable transactions as dealings that had taken place during the 1990-2000 period, the Pandora Papers disclosure placed the SLPP in an extremely embarrassing position. There is no point in denying the fact that she represented the SLFP in the PA and UPFA parliamentary groups for a period of 16 years. Most of all she is a blood relative of the Rajapaksas in power. That is the undeniable truth. The revelations couldn’t have happened at a worse time for the government as it struggles to cope up with the deepening economic crisis, primarily brought on by the global pandemic.

 Conduct of parliamentarians

Colombo Chief Magistrate Buddhika Sri Ragala on July 30, 2021 acquitted one-time Deputy Minister Sarana Gunawardena of all bribery cases filed against him.

Assistant Director General of the CIABOC Asitha Anthony told the court that the case had been filed against the former Deputy Minister without the approval of the three commissioners. Attorney-at-Law Niroshan Siriwardena, appearing on behalf of Gunawardena requested that the charges against his client be dropped.

CIABOC had filed eight cases against Gunawardena, accusing him of causing losses to the State by leasing vehicles to the Development Lotteries Board (DLB) during his tenure as its Chairman in 2007.

While serving as the Chairman of DLB, Gunawardena was alleged to have influenced the officers of the DLB to rent three vehicles from his wife by paying Rs 960,000 per each vehicle where the true value per vehicle was only Rs. 635,000.

Gunawardena was convicted for all three charges that were presented against him. The rejected politician was sentenced to a prison sentence of one year on each charge cumulating a prison sentence of three years. Gunawardena was also ordered to pay a fine of Rs 100,000 for each vehicle totaling to a fine of Rs 300,000. In case Gunawardena failed to pay the fine, he was to be subjected to an additional prison sentence of six months for each offence. The prosecution was handled by Assistant Director General Mr. Asitha Athony.

The dismissal of Gunawardena’s proceedings is certainly not an isolated case. When JVP leader Anura Kumara Dissanayake raised the shocking disclosure made by ICIJ in Parliament, Leader of the House and Education Minister Dinesh Gunawardena pointed out that the case was now before court.

Lawmaker Dissanayake was addressing Parliament on Oct 8, the day the CIABOC recorded Nadesan’s statement. Minister Gunawardena was referring to the controversial case pertaining to Malwana house.

SLPP National List MP Jayantha Weerasinghe, PC, challenged Dissanayake’s comments. Declaring that he appeared for Thirukumar Nadesan in court, Weerasinghe emphasised that no one in Parliament represented the businessman’s interests. Weerasinghe said that Nadesan was an accused in that case.

 Dissanayake also raised the controversial Gin-Nilwala project and the transfer of funds to Nadesan’s account by a Chinese company that received a staggering Rs 4,012 mn in two separate transactions from the then Sri Lankan government around the time of the 2015 presidential election. The SLPP repeatedly interrupted MP Dissanayake. A smiling JVPer said that though the SLPP claimed no one in Parliament represented the interests of Thirukumar Nadesan, many spoke on his behalf.

Matara District Communist Party member Weerasumana Weerasinghe was in the chair.

The reference to money received by Nadesan from the Chinese company given the Gin-Nilwala project amounted to USD 5.9 mn. Dissanayake told The Island that the account that had received USD 5.9 mn was a Hong Kong account.

TISL, in its website tweeted that particular section of MP Dissanayake’s parliamentary speech. The social media coverage of Pandora Papers underscored the seriousness of the crisis faced by Sri Lanka.

A dismal track record

Civil society activist Gamini Viyangoda in April this year sought an explanation from the CIABOC and the Attorney General’s Department as regards termination of several high profile cases. Viyangoda questioned the rationale in dropping all charges against former lawmaker and Foreign Ministry Monitoring MP Sajin Vass Gunawardena pertaining to the Mihin Lanka case. That particular case dealt with misappropriation of public funds amounting to Rs 883 mn, Viyangoda declared while referring to recent dismissal of cases involving one-time Eastern Province Chief Minister Sivanesathurai Chandrakanthan alias Pilleyan (now an MP backing the SLPP), Johnston Fernando, Rohitha Abeygunawardena, Basil Rajapaksa, Mahindananda Aluthgamage, Janaka Bandara Tennakoon and former Chief Justice Mohan Peiris. The former CJ received appointment as Sri Lanka’s top representative in New York.

Jayantha Jayasuriya, PC, who served as the AG during the Yahapalana administration is the incumbent Chief Justice.

 What really happened to the money laundering case (HC case No 4648/2009) involving the then parliamentarian Ravi Karunanayake, who subsequently received the appointment as the Minister of Finance during the previous administration. The money had been received from Raj Rajaratnam, given an 11-year prison sentence for insider trading in the US.

The case that had been initially taken up at the HC No 01 was subsequently (May 2015) transferred to High Court No 4 before HC Judge Iranganee Perera who was about to be retired. On the basis of what was called a defective indictment Judge Perera discharged Karunanayake while making specific legal right of the Attorney General to serve an indictment afresh to the accused Ravi Karunanayake. Obviously, that was conveniently ignored. Yuvanjana Wijayatilake served as the AG at that time.

Attorney-at-Law and public interest litigation Activist Nagananda Kodituwakku in an affidavit submitted to the CIABOC in March 2017 sought an investigation in respect of the failure on the part of the AG’s Department to act on the advice given by HC judge Perera. Kodituwakku asserted that the alleged offence committed could have been dealt with under Section 70 of the Bribery Act.

A monument for ICIJ

 A no-holds-barred investigation is required to examine high profile corruption allegations. So far, the CIABOC hasn’t been able to bring at least one of the cases involving politicians to a successful conclusion. It would be pertinent to mention incumbent Speaker Mahinda Yapa Abeywardena’s response to waste, corruption and irregularities.

Speaker Abeywardena said contentious matters pertaining to financial responsibility on the part of Parliament should be dealt with only by the enactment of a new Constitution.

The SLPP MP said so in response to Prof. Charitha Herath, Chairman of the Committee on Public Enterprises (COPE) alleging serious hindrance of parliamentary supervision by a section of state enterprises. Prof. Herath explained the daunting challenges faced by COPE at the time he tabled the first COPE report at the outfit’s ninth session.

Proceedings of parliamentary watchdog committees, COPE, COPA (Committee on Public Accounts) and COPF (Committee on Public Finance) depict a frightening picture.

Unfortunately, Parliament has conveniently failed to take tangible measures though the three watchdog committees reported rampant criminal waste of public funds, corruption, irregularities involving the revenue collection mechanism and negligence at every level of successive administrations.

Have those responsible for ensuring financial discipline forgotten the primary responsibilities of Parliament. The two major responsibilities are financial discipline and enactment of laws. Let people judge whether our political parties have lived up to their much repeated pledges to restore financial discipline. Examination of proceedings of the watchdog committees revealed how the public and private sectors exploited the national economy. Fighting corruption appears to be a just a political slogan propagated by both those in power and the Opposition.

 The Joint Opposition (JO registered themselves as SLPP) in the run up to 2019 presidential election conducted a major campaign against what it called ‘Top 10 Kamba Horu.’ Incumbent Agriculture Minister Mahindananda Aluthgamage spearheaded the project. The JO printed a 750-page book that dealt with 10 major corrupt deals that took place between January 8, 2015 and Dec 31, 2015. The JO alleged that the CIABOC never initiated investigations into complaints lodged by the JO. The SLPP owed an explanation regarding the current status of the complaints lodged by them because the party returned to power, nearly two years ago.

 According to the JO publication, in the public domain, complaints were lodged against Ranil Wickremesinghe, MP, pertaining to the Treasury bond scams, on Oct 29, 2016 (Rs 26 bn fraud/complainant Vasudeva Nanayakkara, MP), ex-MP Ravi Karunanayake pertaining to importation of vehicles, on Nov 09, 2016 (Rs 10 bn fraud/complainant Dr. Romesh Pathirana, MP), ex-MP Malik Samarawickrema pertaining to Mahapola Fund, on Nov 22, 2016 (Rs 1 bn fraud/complainant Sisira Jayakody, MP), Thalatha Atukorala, MP, pertaining to fraud in an insurance scheme for those working in the Middle East, on Dec 07, 2016 (Rs 1.5 bn fraud/complainant ex-MP Niroshan Premaratne), Ranil Wickremesinghe pertaining to 99-year-lease on Hanbantota port, on January 4, 2017 (Rs 15 bn/complainant Mahinda Yapa Abeywardena, MP, Speaker), Kabir Hashim, MP, pertaining to cancellation of aircraft ordered by SriLankan Airlines, on January 18, 2017 (Rs 54 bn fraud/complainant Kanaka Herath, MP), P. Harrison pertaining to releasing of paddy to a selected group of companies, on Feb 01, 2017 (Rs 10 bn fraud/complainant Jayantha Samaraweera), ex-MP Ravi Karunanayake pertaining to vehicle racket, on Feb 15, 2017 (Rs 15 bn fraud/complainant Udaya Gammanpila, MP), Dr. Rajitha Senaratne MP pertaining to leasing of Modera fisheries harbour and issuance of licenses to eight vessels for fishing in Sri Lankan waters, on Feb 28, 2017 (Rs 1 bn fraud/complainant the late MP Ranjith de Zoysa) , Dr. Rajitha Senaratne pertaining to irregularities in the purchase of medicines, on Feb 28, 2017 (Rs 1.5 bn fraud/complainant the late Ranjith de Zoysa) and Ranil Wickremesinghe, MP pertaining to procurement of coal for the Norochcholai coal-fired power plant, on March 16, 2017 (Rs 5 bn fraud/complainant Vidura Wickremanayake, MP).

 The JO declared the above mentioned frauds cost the country a staggering Rs 131.5 bn.

Parliament, as an institution, at least now should respond to corruption. In the wake of Pandora Papers disclosures, social media posted a speech made by SLPP Polonnaruwa District MP Maihripala Sirisena, in his capacity as the President. Sirisena dealt with the Gin-Nilwala project. What Sirisena, who contested the last general election in Aug 2015 on the SLPP ticket, said was astonishing. The government transferred Rs 1,000 mn to a Chinese company in 2012 for the implementation of the Gin-Nilwala project and another Rs 3,012 mn on January 7, 2015 to thereby bringing the total amount paid to Rs 4,012 mn. Sirisena questioned how such a transfer could have taken place on the day before the presidential election? Who authorised such a transfer and why absolutely no work was done regardless of the payments. Lawmaker Sirisena owed an explanation during his five-year tenure as President what he did to investigate the Gin-Nilwala project. Perhaps, the Gin-Nilwala link disclosed by Pandora Papers, if properly investigated, can cause such devastation to the current political setup, the public can consider putting up a monument to ICIJ.



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Midweek Review

At the edge of a world war

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In September 1939, as Europe descended once more into catastrophe, E. H. Carr published The Twenty Years’ Crisis. Twenty years had separated the two great wars—twenty years to reflect, to reconstruct, to restrain. Yet reflection proved fragile. Carr wrote with unsentimental clarity: once the enemy is crushed, the “thereafter” rarely arrives. The illusion that power can come first and morality will follow is as dangerous as the belief that morality alone can command power. Between those illusions, nations lose themselves.

His warning hovers over the present war in Iran.

The “thereafter” has long haunted American interventions—after Afghanistan, after Iraq, after Libya. The enemy can be dismantled with precision; the aftermath resists precision. Iran is not a small theater. It is a civilization-state with a geography three times larger than Iraq. At its southern edge lies the Strait of Hormuz, narrow in width yet immense in consequence. Geography does not argue; it compels.

Long before Carr, in the quiet anxiety of the eighteenth century, James Madison, principal architect of the Constitution, warned that war was the “true nurse of executive aggrandizement.” War concentrates authority in the name of urgency. Madison insisted that the power to declare war must rest with Congress, not the president—so that deliberation might restrain impulse. Republics persuade themselves that emergency powers are temporary. History rarely agrees.

Then, at 2:30 a.m., the abstraction becomes decision.

Donald Trump declares war on Iran. The announcement crosses continents before markets open in Asia. Within twenty-four hours, Ali Khamenei, who ruled for thirty-seven years, is killed. The President calls him one of history’s most evil figures and presents his death as an opening for the Iranian people.

In exile, Reza Pahlavi hails the moment as liberation. In less than forty-eight hours, the Islamic Revolutionary Guard Corps collapses under overwhelming air power. A regime that endured decades falls swiftly. Military efficiency appears absolute. Yet efficiency does not resolve legitimacy.

The joint strike with Israel is framed as necessary and pre-emptive. Retaliation follows across the Gulf. The architecture of energy trade becomes fragile. Shipping routes are recalculated. Markets respond before diplomacy finds its language.

It is measured in the price of petrol in Colombo. In the bus fare in Karachi. In the rising cost of cooking gas in Dhaka. It is heard in the anxious voice of a migrant worker in Doha calling home to Kandy, asking whether contracts will be renewed, whether flights will continue, whether wages will be delayed. It is calculated in foreign reserves already strained, in currencies that tremble at rumor, in budgets forced to choose between subsidy and solvency.

Zaara was the breadwinner of her house in Sri Lanka. Her husband had been unemployed for years. At last, he secured an opportunity to travel to Israel as a foreign worker—like many Sri Lankans who depend on employment in the Middle East. It was to be their turning point: a small house repaired, debts reduced, dignity restored.

Now she lowers her eyes when she speaks. For Zaara, geopolitics is not theory. It is fear measured in distance—between a construction site abroad and a village waiting at home.

The war in Iran has shattered calculations that once felt practical. Nations like Sri Lanka now require strategic foresight to navigate unfolding realities. Reactive responses—whether to natural disasters or external shocks like this conflict—can cripple economies far faster than gradual pressures. Disruptions to energy imports, migrant remittances, and foreign reserves show how distant wars ripple into daily lives.

War among great powers is debated in think tanks. Its consequences are lived in markets—and in quiet kitchens where uncertainty sits heavier than hunger.

The conflict does not unfold in isolation. It enters the strategic calculus of China and Russia, both attentive to precedent. Power projected beyond the Western hemisphere reshapes perceptions in the Eastern theater. Iran’s transformation intersects directly with broader alignments. In 2021, Beijing and Tehran signed a twenty-five-year strategic agreement. By 2025, China was purchasing the majority of Iran’s exported oil at discounted rates. Energy underwrote strategy. That continuity has been disrupted. Yet strategic relationships do not vanish; they adjust.

In Winds of Change, my new book, I reproduce Nicholas Spykman’s 1944 two-theater confrontation map—Europe and the Pacific during the Second World War. Spykman distinguished maritime power from amphibian projection. Control of the Rimland determined balance. Then, the United States fought across two vast theaters. Today, Europe remains unsettled through Ukraine, the Pacific simmers over Taiwan and the South China Sea, Latin America remains sensitive, and the Middle East has been abruptly transformed. The architecture of multi-theater tension reappears.

At this juncture, the reflections of Marwan Bishara acquire weight. America’s ultimate power, he argues, resides in deterrence, not in the habitual use of force. Power, especially when shared, stabilizes. Force, when used with disregard for international law, breeds instability and humiliation. Arrogance creates enemies and narrows judgment. It is no surprise that many Americans themselves believe the United States should not act alone.

America’s strength does not rest solely in its military reach. Its economy constitutes roughly one-third of global output and generates close to 40 percent of the world’s research and development. Structural power—economic, technological, institutional—has historically underwritten deterrence. When force becomes the primary instrument, influence risks becoming coercion.

The United States now confronts simultaneous pressures across continents. The Second World War demonstrated the capacity to sustain multi-theater engagement; the post-9/11 wars revealed the exhaustion that follows prolonged intervention. Iran, larger and geopolitically deeper, presents a scale that cannot be resolved by air power alone.

Carr’s “thereafter” waits patiently. Military victory may be swift; political reconstruction is slow. Bishara reminds us that deterrence sustains stability, while force risks unraveling it.

At the edge of a potential world war, the decisive question is not who strikes first, but who restrains longest.

History watches. And in places far from the battlefield, mothers wait for phone calls that may not come.

Asanga Abeyagoonasekera is a Senior Research Fellow at the Millennium Project, Washington, D.C., and the author of Winds of Change: Geopolitics at the Crossroads of South and Southeast Asia, published by World Scientific

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Midweek Review

Live Coals Burst Aflame

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Live coals of decades-long hate,

Are bursting into all-consuming flames,

In lands where ‘Black Gold’ is abundant,

And it’s a matter to be thought about,

If humans anywhere would be safe now,

Unless these enmities dying hard,

With roots in imperialist exploits,

And identity-based, tribal violence,

Are set aside and laid finally to rest,

By an enthronement of the principle,

Of the Equal Dignity of Humans.

By Lynn Ockersz

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Midweek Review

Saga of the arrest of retired intelligence chief

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Retired Maj. Gen. Suresh Sallay’s recent arrest attracted internatiattention. His long-expected arrest took place ahead of the seventh anniversary of the bombings. Multiple blasts claimed the lives of nearly 280 people, including 45 foreigners. State-owned international news television network, based in Paris, France 24, declared that arrest was made on the basis of information provided by a whistleblower. The French channel was referring to Hanzeer Azad Moulana, who earlier sought political asylum in the West and one-time close associate of State Minister Sivanesathurai Chandrakanthan aka Pilleyan. May be the fiction he wove against Pilleyan and others may have been to strengthen his asylum claim there. Moulana is on record as having told the British Channel 4 that Sallay allowed the attack to proceed with the intention of influencing the 2019 presidential election. The French news agency quoted an investigating officer as having said: “He was arrested for conspiracy and aiding and abetting the Easter Sunday attacks. He has been in touch with people involved in the attacks, even recently.”

****

Suresh Sallay of the Directorate of Military Intelligence (DMI) received the wrath of Yahapalana Prime Minister Ranil Wickremesinghe, in 2016, over the reportage of what the media called the Chavakachcheri explosives detection made on March 30, 2016. Premier Wickremesinghe found fault with Sallay for the coverage, particularly in The Island. Police arrested ex-LTTE child combatant Edward Julian, alias Ramesh, after the detection of one suicide jacket, four claymore mines, three parcels containing about 12 kilos of explosives, to battery packs and several rounds of 9mm ammunition, from his house, situated at Vallakulam Pillaiyar Kovil Street. Chavakachcheri police made the detection, thanks to information provided by the second wife of Ramesh. Investigations revealed that the deadly cache had been brought by Ramesh from Mannar (Detection of LTTE suicide jacket, mines jolts government: Fleeing Tiger apprehended at checkpoint, The Island, March 31, 2016).

The then Jaffna Security Forces Commander, Maj. Gen. Mahesh Senanayake, told the writer that a thorough inquiry was required to ascertain the apprehended LTTE cadre’s intention. The Chavakachcheri detection received the DMI’s attention. The country’s premier intelligence organisation meticulously dealt with the issue against the backdrop of an alleged aborted bid to revive the LTTE in April 2014. Of those who had been involved in the fresh terror project, three were killed in the Nedunkerny jungles. There hadn’t been any other incidents since the Nedunkerny skirmish, until the Chavakachcheri detection.

Piqued by the media coverage of the Chavakachcheri detection, the Sirisena-Wickremesinghe administration tried to silence the genuine Opposition. As the SLFP had, contrary to the expectations of those who voted for the party at the August 2015 parliamentary elections, formed a treacherous coalition with the UNP, the Joint Opposition (JO) spearheaded the parliamentary opposition.

The Criminal Investigation Department (CID) questioned former External Affairs Minister and top JO spokesman, Prof. G.L. Peiris, over a statement made by him regarding the Chavakachcheri detection. The former law professor questioned the legality of the CID’s move against the backdrop of police declining to furnish him a certified copy of the then acting IGP S.M. Wickremesinghe’s directive that he be summoned to record a statement as regards the Chavakachcheri lethal detection.

One-time LTTE propagandist Velayutham Dayanidhi, a.k.a. Daya Master, raised with President Maithripala Sirisena the spate of arrests made by law enforcement authorities, in the wake of the Chavakachcheri detection. Daya Master took advantage of a meeting called by Sirisena, on 28 April, 2016, at the President’s House, with the proprietors of media organisations and journalists, to raise the issue. The writer having been among the journalists present on that occasion, inquired from the ex-LETTer whom he represented there. Daya Master had been there on behalf of DAN TV, Tamil language satellite TV, based in Jaffna. Among those who had been detained was Subramaniam Sivakaran, at that time Youth Wing leader of the Illankai Thamil Arasu Kadchi (ITAK), the main constituent of the now defunct Tamil National Alliance. In addition to Sivakaran, the police apprehended several hardcore ex-LTTE cadres (LTTE revival bid confirmed: TNA youth leader arrested, The Island April 20, 2016).

Ranil hits out at media

Subsequent inquiries revealed the role played by Sivakaran in some of those wanted in connection with the Chavakachcheri detection taking refuge in India. When the writer sought an explanation from the then TNA lawmaker, M.A. Sumanthiran, regarding Sivakaran’s arrest, the lawyer disowned the Youth Wing leader. Sumanthiran emphasised that the party suspended Sivakumaran and Northern Provincial Council member Ananthi Sasitharan for publicly condemning the TNA’s decision to endorse Maithripala Sirisena’s candidature at the 2015 presidential election (Chava explosives: Key suspects flee to India, The Island, May 2, 2016).

Premier Wickremesinghe went ballistic on May 30, 2016. Addressing the 20th anniversary event of the Sri Lanka Muslim Media Forum, at the Sports Ministry auditorium, the UNP leader castigated the DMI. Alleging that the DMI had been pursuing an agenda meant to undermine the Yahapalana administration, Wickremesinghe, in order to make his bogus claim look genuine, repeatedly named the writer as part of that plot. Only Wickremesinghe knows the identity of the idiot who influenced him to make such unsubstantiated allegations. The top UNPer went on to allege that The Island, and its sister paper Divaina, were working overtime to bring back Dutugemunu, a reference to war-winning President Mahinda Rajapaksa. A few days later, sleuths from the Colombo Crime Detection Bureau (CCD) visited The Island editorial to question the writer where lengthy statements were recorded. The police were acting on the instructions of the then Premier, who earlier publicly threatened to send police to question the writer.

In response to police queries about Sallay passing information to the media regarding the Chavakachcheri detection and subsequent related articles, the writer pointed out that the reportage was based on response of the then ASP Ruwan Gunasekera, AAL and Sumanthiran, as had been reported.

Wickremesinghe alleged, at the Muslim media event, that a section of the media manipulated coverage of certain incidents, ahead of the May Day celebrations.

In early May 2016 Wickremesinghe disclosed that he received assurances from the police, and the DMI, that as the LTTE had been wiped out the group couldn’t stage a comeback. The declaration was made at the Lakshman Kadirgamar Institute for International Relations and Strategic Studies (LKIIRIS) on 3 May 2016. Wickremesinghe said that he sought clarifications from the police and the DMI in the wake of the reportage of the Chavakachcheri detection and related developments (PM: LTTE threat no longer exists, The Island, May 5, 2016).

The LTTE couldn’t stage a comeback as a result of measures taken by the then government. It would be a grave mistake, on our part, to believe that the eradication of the LTTE’s conventional military capacity automatically influenced them to give up arms. The successful rehabilitation project, that had been undertaken by the Rajapaksa government and continued by successive governments, ensured that those who once took up arms weren’t interested in returning to the same deadly path.

In spite of the TNA and others shedding crocodile tears for the defeated Tigers, while making a desperate effort to mobilise public opinion against the government, the public never wanted the violence to return. Some interested parties propagated the lie that regardless of the crushing defeat suffered in the hands of the military, the LTTE could resume guerilla-type operations, paving the way for a new conflict. But by the end of 2014, and in the run-up to the presidential election in January following year, the situation seemed under control, especially with Western countries not wanting to upset things here with a pliant administration in the immediate horizon. Soon after the presidential election, the government targeted the armed forces. Remember Sumanthiran’s declaration that the ITAK Youth Wing leader Sivakaran had been opposed to the TNA backing Sirisena at the presidential poll.

The US-led accountability resolution had been co-sponsored by the Sirisena-Wickremesinghe duo to appease the TNA and Tamil Diaspora. The Oct. 01, 2016, resolution delivered a knockout blow to the war-winning armed forces. The UNP pursued an agenda severely inimical to national interests. It would be pertinent to mention that those who now represent the main Opposition, Samagi Jana Balawegaya (SJB), were part of the treacherous UNP.

Suresh moved to Malaysia

The Yahapalana leadership resented Sallay’s work. They wanted him out of the country at a time a new threat was emerging. The government attacked the then Justice Minister Dr. Wijeyadasa Rajapakshe, PC, who warned of the emerging threat from foreign-manipulated local Islamic fanatics on 11 Nov. 2016, in Parliament. Rajapakshe didn’t mince his words when he underscored the threat posed by some Sri Lanka Muslim families taking refuge in Syria where ISIS was running the show. The then government, of which he was part o,f ridiculed their own Justice Minister. Both Sirisena and Wickremesinghe feared action against extremism may cause erosion of Muslim support. By then Sallay, who had been investigating the deadly plot, was out of the country. The Yahapalana government believed that the best way to deal with Sallay was to grant him a diplomatic posting. Sally ended up in Malaysia, a country where the DMI played a significant role in the repatriation of Kumaran Pathmanathan, alias KP, after his arrest there.

Having served the military for over three cadres, Sallay retired in 2024 in the rank of Major General. Against the backdrop of his recent arrest, in connection with the ongoing investigation into the 2019 Easter Sunday carnage, The Island felt the need to examine the circumstances Sallay ended up in Malaysia at the time. Now, remanded in terms of the Prevention of terrorism Act (PTA), he is being accused of directing the Easter Sunday operation from Malaysia.

Pivithuru Hela Urumaya leader and former Minister Udaya Gammanpila has alleged that Sallay was apprehended in a bid to divert attention away from the deepening coal scam. Having campaigned on an anti-corruption platformm in the run up to the previous presidential election, in September 2024, the Parliament election, in November of the same year, and local government polls last year, the incumbent dispensation is struggling to cope up with massive corruption issues, particularly the coal scam, which has not only implicated the Energy Minister but the entire Cabinet of Ministers as well.

The crux of the matter is whether Sallay actually met would-be suicide bombers, in February 2018, in an estate, in the Puttalam district, as alleged by the UK’s Channel 4 television, like the BBC is, quite famous for doing hatchet jobs for the West. This is the primary issue at hand. Did Sallay clandestinely leave Malaysia to meet suicide bombers in the presence of Hanzeer Azad Moulana, one-time close associate of State Minister Sivanesathurai Chandrakanthan, aka Pilleyan, former LTTE member?

The British channel raised this issue with Sallay, in 2023, at the time he served as Director, State Intelligence (SIS). Sallay is on record as having told Channel 4 Television that he was not in Sri Lanka the whole of 2018 as he was in Malaysia serving in the Sri Lankan Embassy there as Minister Counsellor.

Therefore, the accusation that he met several members of the National Thowheeth Jamaath (NTJ), including Mohamed Hashim Mohamed Zahran, in Karadipuval, Puttalam, in Feb. 2018, was baseless, he has said.

The intelligence officer has asked the British television station to verify his claim with the Malaysian authorities.

Responding to another query, Sallay had told Channel 4 that on April 21, 2019, the day of the Easter Sunday blasts, he was in India, where he was accommodated at the National Defence College (NDC). That could be verified with the Indian authorities, Sallay has said, strongly denying Channel 4’s claim that he contacted one of Pilleyan’s cadres, over, the phone and directed him to pick a person outside Hotel Taj Samudra.

According to Sallay, during his entire assignment in Malaysia, from Dec. 2016 to Dec. 2018, he had been to Colombo only once, for one week, in Dec. 2017, to assist in an official inquiry.

Having returned to Colombo, Sallay had left for NDC, in late Dec. 2018, and returned only after the conclusion of the course, in November 2019.

Sallay has said so in response to questions posed by Ben de Pear, founder, Basement Films, tasked with producing a film for Channel 4 on the Easter Sunday bombings.

The producer has offered Sallay an opportunity to address the issues in terms of Broadcasting Code while inquiring into fresh evidence regarding the officer’s alleged involvement in the Easter Sunday conspiracy.

The producer sought Sallay’s response, in August 2023, in the wake of political upheaval following the ouster of Gotabaya Rajapaksa, elected at the November 2019 presidential election.

At the time, the Yahapalana government granted a diplomatic appointment to Sallay, he had been head of the Directorate of Military Intelligence (DMI). After the 2019 presidential election, President Gotabaya Rajapaksa named him the Head of SIS.

The Basement Films has posed several questions to Sallay on the basis of accusations made by Hanzeer Azad Moulana.

In response to the film producer’s query regarding Sallay’s alleged secret meeting with six NTJ cadres who blasted themselves a year later, Sallay has questioned the very basis of the so called new evidence as he was not even in the country during the period the clandestine meeting is alleged to have taken place.

Contradictory stands

Following Sajith Premadasa’s anticipated defeat at the 2019 presidential election, Harin Fernando accused the Catholic Church of facilitating Gotabaya Rajapaksa’s victory. Fernando, who is also on record as having disclosed that his father knew of the impending Easter Sunday attacks, pointed finger at the Archbishop of Colombo, Rt. Rev Malcolm Cardinal Ranjith, for ensuring Gotabaya Rajapaksa’s victory.

Former President Maithripala Sirisena, as well as JVP frontliner Dr. Nalinda Jayathissa, accused India of masterminding the Easter Sunday bombings. Then there were claims of Sara Jasmin, wife of Katuwapitiya suicide bomber Mohammed Hastun, being an Indian agent who was secretly removed after the Army assaulted extremists’ hideout at Sainthamaruthu in the East. What really had happened to Sara Jasmin who, some believe, is key to the Easter Sunday puzzle.

Then there was huge controversy over the arrest of Attorney-at-Law Hejaaz Hizbullah over his alleged links with the Easter Sunday bombers. Hizbullah, who had been arrested in April 2020, served as lawyer to the extremely wealthy spice trader Mohamed Yusuf Ibrahim’s family that had been deeply involved in the Easter Sunday plot. Mohamed Yusuf Ibrahim had been on the JVP’s National List at the 2015 parliamentary elections. The lawyer received bail after two years. Two of the spice trader’s sons launched suicide attacks, whereas his daughter-in-law triggered a suicide blast when police raided their Dematagoda mansion, several hours after the Easter Sunday blasts.

Investigations also revealed that the suicide vests had been assembled at a factory owned by the family and the project was funded by them. It would be pertinent to mention that President Gotabaya Rajapaksa’s government never really bothered to conduct a comprehensive investigation to identify the Easter Sunday terror project. Perhaps, their biggest failure had been to act on the Presidential Commission of Inquiry (PCoI) recommendations. Instead, President Rajapaksa appointed a six-member committee, headed by his elder brother, Chamal Rajapaksa, to examine the recommendations, probably in a foolish attempt to improve estranged relations with the influential Muslim community. That move caused irreparable damage and influenced the Church to initiate a campaign against the government. The Catholic Church played quite a significant role in the India- and US-backed 2022 Aragalaya that forced President Rajapaksa to flee the country.

Interested parties exploited the deterioration of the national economy, leading to unprecedented declaration of the bankruptcy of the country in April 2022, to mobilie public anger that was used to achieve political change.

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