Gin-Nilwala rip-off and culpability of Parliament
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.”
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.
Post-war military matters and concerns
This year’s annual Indian Navy–Sri Lanka Navy bilateral maritime Exercise SLINEX was conducted amidst political turmoil here. The six-day SLINEX, the 10th edition of the series commenced three days after the launch of a public protest campaign near President Gotabaya Rajapaksa’s private residence at Pangiriwatte, Mirihana. The two-phased exercise involved several Indian vessels INS Kiltan (Advanced Anti-Submarine Warfare Corvette) and INS Savitri (Offshore Patrol Vessel), SLNS Gajabahu (Advance Offshore Patrol Vessel/The one in which President Gotabaya Rajapaksa took refuge on July 09) and SLNS Sagara (OPV). In addition, Indian Navy Chetak helicopter and Dornier Maritime Patrol Aircraft and SLAF Dornier and BELL 412 helicopters participated in the exercise. The Exercise featured the Special Forces of the two Navies. The previous edition of SLINEX was conducted in Visakhapatnam from 7-12 March 2022.
By Shamindra Ferdinando
The Indian Defence Research Wing (government website) recently declared that Australia would provide a former Royal Australian Air Force Beechcraft KA 350 King Air (registration A32-673) to Sri Lanka on a request made by India. The KA350 King Air is a modern twin-engine turboprop aircraft.
The story, posted on 16 May, four days after Australian High Commissioner to Sri Lanka, Paul Stephens, officially informed President Ranil Wickremesinghe, who is also the Defence Minister and Commander-in-Chief of the armed forces of the move, was headlined ‘Australia to donate Beechcraft KA 350 to Sri Lanka upon India’s request.’
HC Stephens was accompanied by Deputy High Commissioner Ms. Lalita Kapur, First Secretary Brett Zehnder and Defence Advisor Captain Ian Cain. The meeting took place at the Presidential Secretariat, the scene of violent confrontation between President Gotabaya Rajapaksa’s administration and the protest movement, a year ago.
The Indian website asserted that the Australian move mirrored New Delhi’s bid to strengthen security ties with Sri Lanka as part of its Indian Ocean outreach. According to the website, the deployment is meant to boost Sri Lanka’s sovereign aerial maritime surveillance capability. In terms of the agreement between the two governments, the donor would support the operation of the aircraft for a period of 12 months.
The President’s Media Division (PMD) announced: “The gift of the aircraft is part of the Australian Government’s commitment to strengthening and enhancing the cooperation and collaboration that is the foundation of the strong bilateral relationship between Australia and Sri Lanka. A key focus of this relationship remains the continued cooperation on countering all forms of transnational crime, including drug smuggling, as well as strengthening border management through intelligence sharing and the deterrence, disruption, interception and return of maritime people smuggling ventures under the border security operation, known as Operation Sovereign Borders.”
Operation Sovereign Borders is a high profile military led mission, launched in 2013, to thwart illegal entry of would-be asylum seekers. The change of governments, over the past decade, hasn’t undermined the high profile operation as major political parties are committed to block illegal migration whatever the consequences.
The donation of the aircraft is in line with the understanding the two countries reached following a visit undertaken by Australian Home Affairs Minister Clare O’Neil, from June 19-21 last year, amidst deepening political turmoil here. She met the then President Gotabaya Rajapaksa, Premier Ranil Wickremesinghe, as well as Foreign Minister Prof. G. L. Peiris. A year later, Wickremesinghe is at the helm and Gotabaya Rajapaksa ousted by a US-backed protest campaign, as alleged by former Minister Wimal Weerawansa, a claim denied by the US mission here, but not denied by Speaker Mahinda Yapa Abeywardena, a key protagonist referred to by the accuser.
In April and June 2014, Sri Lanka took delivery of two 38.2 m long Australian patrol boats and they were commissioned as SLNS Mihikatha and SLNS Ratnadeepa. Both vessels are in service today. It would be pertinent to mention that the talks, on the transferring of vessels, were finalized in Colombo when the then Australian Premier Tony Abbott visited Colombo for the Commonwealth Heads of Government of Meeting (CHOGM). The Australian move was made in the wake of the UK going all out against Sri Lanka over the accountability issues.
In the following year, the then Sri Lanka’s shameless government co-sponsored the US–led accountability resolution at the Geneva-based United Nations Human Rights Council (UNHRC) against one’s own country.
India, Australia strategy
In late August last year, Australia announced an unprecedented move to pay for a part of Sri Lankan military’s fuel requirement. Australian High Commissioner in Colombo Paul Stephens tweeted:
“Australia is pleased to be working with India to provide fuel to Sri Lanka’s Navy and Air Force. It will help our long-standing cooperation, against transnational crime, to continue. As Indian Ocean neighbours, all three countries share a commitment to preserving regional security.”
India and Australian joint approach here should be examined against the backdrop of ‘Quad’ strategy in relation to Sri Lanka. However, India pursues its own policy in terms of India’s policy of ‘Neighbourhood First’, ‘Security and Growth for all in the Region (SAGAR),’ as well as ‘Priority One’ partner. ‘Quad’ security alliance meant to counter growing Chinese influence consists of the US, Japan, Australia and India. Sri Lanka has been caught up in the China vs ‘Quad’ battle and Sri Lanka’s dependence on Chinese investments made the situation worse.
The US has included Sri Lanka in its military exercises programme while the other ‘Quad’ member Japan entered into the ‘Comprehensive Partnership’ Agreement in October 2015.
Sri Lanka took delivery of a Dornier 228 maritime patrol aircraft, from India, in mid-August last year. The SLAF declared that India made available the aircraft in response to a request made during the Yahapalana administration (2015-2019). India assured that another Dornier would be supplied within two years after the deployment of the first naval Dornier – a short takeoff and landing multirole light transport aircraft with a turboprop twin-engine, in production since 1981.
An Indian statement said: “The aircraft would act as a force multiplier, enabling Sri Lanka to tackle multiple challenges, such as human and drug trafficking, smuggling and other organized forms of crime, in its coastal waters, more effectively. Induction of the aircraft is timely in view of the current challenges to Sri Lanka’s maritime security.”
Bankrupt Sri Lanka should be grateful for Australian and Indian stepped up assistance at a time the country is experiencing a deepening economic-political-social crisis. Obviously, the crisis here can be a push factor for more Sri Lankans to risk their lives to reach foreign lands. However, the military’s growing dependence on foreign assistance must be a matter for concern for all as there is always the danger of being smothered by the giant neighbour or being unnecessarily dragged into a wider conflict between between the Quad on one side and Russia and China on the other.
Recently, India announced further help to the SLAF. The announcement was made during the four-day official visit of Chief of Air Staff Indian Air Force Air Chief Marshal V. R. Chaudhari earlier this month. The Indian air chief was here on the invitation of SLAF Commander Air Marshal Sudarshana Pathirana.
During the visit, Air Chief Marshal V.R. Chaudhari laid the foundation stone for the construction of the India-Sri Lanka Friendship Auditorium at the Air Force Academy, Trincomalee. In line with New Delhi’s ‘Neighbourhood First Policy,’ the project would be carried out under a 250 mn LKR grant assistance from India. The Indian air chief also donated AN-32 propellers to the SLAF, at the China Bay Air Force Academy, and at the National Defence College training aids were donated to students.
In addition to massive economic assistance provided in the recent past to Sri Lanka struggling on the financial front, the Indian investment, in the defence sector, is rapidly growing.
Deputy High Commissioner Vinod K. Jacob, in late February this year, underscored the Indian investment when he addressed the Indian Navy-trained Sri Lankan military personnel on board Offshore Patrol vessel Sukanya in Colombo. The Indian High Commission quoted Jacob as having stressed that training is the strongest and most enduring pillar of bilateral defence cooperation between India and Sri Lanka. The Deputy High Commissioner declared that India offered approximately 1500 training slots every year, to Sri Lanka, financed through a special programme with an annual allocation of USD 7 million.
Security sector reforms
Last week’s midweek piece, titled ‘Blind security reforms: Assurance to US on the size of military’, attracted the attention of quite a number of military officers, including the retired. They queried whether a proper and cohesive assessment has been made before the declaration that the 200,000 plus wartime strength (2009) would be reduced to 135,000 by 2024 and 100,000 by 2030.
One retired General, who had served the infantry and considered one of the foremost battlefield strategists, pointed out that the projected downsizing/right sizing of the Army, should be studied, taking into consideration the current strength. “Do not forget we are already down to 160,000 officers and men,” the retired General said, while another pointed out AWOL (‘absence without leave’ seems to be quite a problem). A retired General Officer Commanding (GoC) of a fighting division on the Vanni front emphasized the need to examine how the proposed reduction would affect post-war deployment and what is the land mass of ‘Eelam State’ (north east districts) and in relation to the drop in ground strength.
In the absence of a cohesive strategy, in relation to vital sectors, including defence, Sri Lanka seems to have neglected matters of utmost importance. Against the backdrop of a worsening situation, regardless of the USD 2.9 bn IMF package, spread over a period of 48 months, Sri Lanka cannot ignore the need to be cautious and be ready to meet any eventuality. In line with the Army, the Navy and Air Force are also to be slimmer and the fact that the downsizing of overall military strength takes place at a time of great political uncertainty and economic upheaval.
In March, Deputy Indian High Commissioner Jacob underscored the importance of Indo-Lanka relations on the basis of five areas of particular significance in the immediate short and medium term objectives.
Addressing Indian and Sri Lankan military personnel, onboard Sukanya, Jacob declared: “First is the potential for economic and financial cooperation by building on the Indian support to the people of Sri Lanka, in 2022, to the tune of USD 4 billion. The Indian HC quoted Jacob as having emphasized that focus could be laid on areas, such as trade, in national currencies, ease of investments and strengthening financial cooperation. “Second, the two sides are working towards increasing air, ferry, digital and energy connectivity. Third, a new type of development cooperation partnership, building on the existing multi-billion portfolio with special emphasis on vulnerable communities, is required. Fourth, both sides need to enhance people to people exchanges, particularly in tourist movements. Fifth, it is essential to strengthen the cultural, religious, music, movie and sporting links for mutual benefit.”
The Indian High Commission media statements present a clear picture of Indo-Lanka developments. A recent Indian High Commission statement that dealt with a visit undertaken by Indian Navy Ship ‘Batti Malv’ to Trincomalee disclosed hitherto unknown information.
Let me reproduce the relevant section from the media statement dated 17 May. The statement issued soon after the vessel departed Trincomalee made an important reference to further Indian support. “The visit of the Indian ship Batti Malv, a fast patrol craft, is also significant in view of the potential for cooperation between India and Sri Lanka for augmenting capabilities of Sri Lanka Navy in similar fast patrol craft for efficiently addressing shared challenges for maritime security in the region,” the High Commission stated.
However, the statement issued by SLN, on that particular ship visit, didn’t make any reference to the possibility of a similar type vessel being made available to Sri Lanka. The locally built 46 m long vessel, crewed by five officers and 54 men, was inducted into the Indian Navy in July 2006, the year Sri Lanka launched a combined forces campaign to eradicate the LTTE.
Since the successful conclusion of the war against the LTTE, in May 2009, India gradually advanced its relationship with a series of military visits at different levels, though the progress was slow. But, over the past several years, there has been a steady enhancement of the relationship which sort of coincided with the deterioration of the national economy.
The Indian Western Fleet visited Colombo and the China-managed Hambantota port, in the second week of March, last year, as Sri Lanka was heading for an unprecedented crisis over the collapse of supply chains.
Four ships of the Western Fleet under the charge of Flag Officer Commanding Western Fleet (FOCWF),
Rear Admiral Sameer Saxena visited Sri Lanka. The indigenous guided missile frigate BRAHMAPUTRA along with frigate TALWAR entered Hambantota port while advanced indigenous destroyer INS CHENNAI and frigate TEG entered Colombo harbour. In spite of being invited to join a reception, onboard INS Chennai, on 10 March, the then President Gotabaya Rajapaksa skipped the event. Instead, Foreign Minister Prof. G.L. Peiris represented the President. The other notable invitee was Speaker Mahinda Yapa Abeyawardena.
A few weeks later, the Indian High Commission had to deny reports of Indian military deployment here in the wake of the eruption of public anger, near President Gotabaya Rajapaksa’s private residence at Pangiriwatte, Mirihana. In brief statements, issued in English, Sinhala and Tamil, the High Commission of India strongly denied, what it called, blatantly false and completely baseless reports in a section of media that India is dispatching its soldiers to Sri Lanka.
The High Commission statement, dated 02 April, 2022, also condemned what it described as irresponsible reporting while expressing the belief those responsible for spreading rumours would desist from doing so.
Delhi’s assistance seemed vast with the Indian Navy actively engaged with Sri Lanka Navy in facilitating engagements, like Deck Landing Practice and Co-pilot experience on indigenous ALHand Sail Training Experience onboard INS Tarangini for SLAF/ SLN personnel in March 2022.
In line with India’s Neighbourhood First Policy, spares for SLNS Sagara, SLCG Suraksha and AN 32 are being provided, on grant basis, by New Delhi, to ensure, what the Indian High Commission called, optimal operational availability of the platform and thereby improve security in the region.
Sri Lanka should take stock of overall foreign military assistance to the post-war military as Sri Lanka faced growing international criticism over accountability issues. Canada has taken the anti-Sri Lanka project to a new extreme by declaring Tamils were subjected to genocide. In a bid to appease powerful Diaspora groups, Canadian parliament has targeted Sri Lanka with the declaration that two former Presidents, Mahinda Rajapaksa and Gotabaya Rajapaksa, are war criminals, is a clear move to inspire countries, with large communities of Sri Lankan origin, to act in a similar fashion. Unfortunately, Sri Lanka has pathetically failed to counter the Canadian project, built on the preposterous accusation that over 40,000 Tamils perished during the final phase of the combined security forces offensive on the Vanni east front. This is despite even UN internal documents placing casualties in the north, during the final phases of fighting, to be in the region of 7000.
Ceylon tree healing a cut: perfuming the striking axe
By Prof. Kirthi Tennakone
The genius British chemist Sir Humphry Davy scribbled a stanza in his notebook, saying he is like the fair Ceylon tree, which heals a cut and perfumes the axe by secreting an oil – a strange comparison.
That illustrious tree is on the verge of extinction. We cut down trees, feeding and protecting us. Yet trees are not after vengeance, they perspire (transpire) to save us from extinction.
Humphry Davy, one of the greatest exponents of the scientific method with a poetic inclination, was born in December 1778 in the remote coastal town of Penance, in Cornwall, England. While studying at the grammar school, he wrote poetry and wandered in the beaches and woods, but could not finish schooling. At sixteen, his father died. To support the family, Davy worked as an apprentice to an apothecary and acquainted a liking for chemistry. He pilfered chemicals from the shelves and did experiments at home, learning chemistry by himself. Noting his exceptional talent, an informed friend of his mother, introduced him to Thomas Beddoes, a physician philanthropist and prolific writer, noteworthy for controversial views. Deeply concerned about the poor suffering tuberculosis, he ran a hospital treating patients free and hoped to find a cure for the disease.
Dr. Beddoes employed Davy in his institute, devoted to studying the medicinal properties of gases. After day and night experimentation, Davy exclaimed breathing nitrous oxide (subsequently known as laughing gas) induces a pleasant calmness, suggesting a way to relieve the pain of operations.
The close associates of Dr. Beddoes were equally radical poets; Robert Southey and Samuel Taylor Coleridge. They not only risked the repressive actions of the British Government by openly supporting the ideals of the French Revolution but volunteered as guinea pigs to test Davy’s hypothesis. Robert Southey after inhaling nitrous oxide, said “The atmospheres of the highest of all possible heavens must be composed of this gas”. Samuel Coleridge was more realistic. He described the experience of inhaling laughing gas as the sudden transfer from a chilly winter to a warm spring. William Wordsworth, another friend of Beddoes, visited Humphrey Davy and consented that poetry and chemistry are similar because both subjects deal with material things.
The invention of the first anesthetic agent and acclaim by eminent literary men qualified Humphry Davy, who had no college degree, for a professorship at the prestigious Royal Institution in London. There he performed extraordinarily. Today, we insist on a first-class degree for the same job!
At the Royal Institution, Davy made groundbreaking discoveries one after another. Isolated eight chemical elements for the first time, opened the field of electrochemistry and showed the world how to liquefy gases. He invented the safety lamp to light coal mines while preventing flammable gases existing there from catching fire explosively.
As a tradition, the Royal Institution presented lectures to the general public highlighting the achievements of science. Humphry Davy’s lectures were one of the most popular events in London, at that time. The theater was packed with people from all walks of life. Appreciating his intellect and stunning good looks, aristocratic women admired him. Men raising their hands volunteered lifting things to the podium.
In one of his lectures, Davy showed a piece of potassium metal, first extracted and named by him and dropped it into water. Astounding the audience, the material caught fire with a purplish flame and exploded. People saw something dropped into water catch fire, for the first time. Seventy-odd years ago, I witnessed the same experiment as a seventh grader in a rural school and displayed by a teacher from South India. Today, the phenomenon is rarely demonstrated in chemistry classes in our schools. Students have no time or interest in experiencing inspirational fascinations. They hurry to tutors to cram the workings of the ‘covalent bond’ fitting atoms in organic molecules, merely to pass an exam and become specialists! No new discoveries of anesthetics or cures, but escalating fees for consultations. The problem seems to be that we do chemistry without poetry and specialization without empathy.
In 1820, Humphry Davy was elected president of the Royal Society unopposed. Despite its supremacy, the body functioned as a club of literary elites proud of a degree from Oxford after schooling in Eaton. Davy proposed changes to orient society’s affairs more towards scientific inquiry and promote greater public participation. Unfortunately, he met with opposition and criticism. Although his achievements were incomparable, he didn’t belong to the elite group.
Davy was a victim of jealousy. No man or woman succeeds in all endeavors. Yet just one failure suffices for adversaries to discredit him or her. In 1823, the British Admiralty requested Davy to find a solution to the problem of the corrosion of the copper- clad bottoms of naval vessels. He provided an ingenious method, but did not work in this particular case. Davy’s opponents diverted the incident to blemish his reputation in the eyes of the British Establishment.
Davy, in a depressed mood and not experienced enough to face criticism, drafted a verse. Telling us he is like the fair Ceylon plant, the Cingalese tree, which heals a cut by secreting a balmy oil to prevent its decay, while perfuming the axe, a poetic way of expressing his feelings. Possibly, this means, he was not defamed by the attacks of his enemies but instead blessed them.
Humphry Davy didn’t name the tree. Undoubtedly, he heard a story from his younger brother, John Davy, who visited Sri Lanka and looked at many things in our country, curiously and rationally.
John Davy, a surgeon and chemist was posted to Sri Lanka in 1816 as a physician for the British Armed Forces. However, his primary mission has been carrying out scientific investigations in the colony, conquered a year ago. During his nearly four years of occupation, he traveled all over the island, examining the natural environment, indigenous technologies and cultural practices in the country. While in Sri Lanka, he wrote to his brother frequently, presenting his experience in the alien land. On September 18, 1817, Humphry Davy, read a letter from his brother at the Proceedings of the Royal Society describing his journey to Adams Peak, accompanied by Alexander Moon, the Superintendent of Botanical Gardens, Kalutara. Both of them curious about flora in the Island, came to know the trees used by the inhabitants to extract resin.
When a Doona tree is incised, a pleasant smelling, clear resinous liquid secretes, wetting the axe. Our indigenous people (Veddas) were the first to use the resin as medicine and incense. They saw how the resin oozing after strike of an axe, closed and healed the cut. If the axe bruises the hand accidentally, they ran to a Doona tree and applied the resin and it worked. Later, to extract the resin, trees were wounded multiple times, but plants still survived because the exudate prevented the rot.
The local population exploited aboriginal technology for profit. To get more oil, they axed tree and burnt the wound, eventually killing the tree.
A craft and a paying export business in those days (the1800s), was tapping resin (gas dummala) from Doona (Shorea zeylanica) and related species of trees belonging to the family dipterocarpaceae (dipterocarps). Arabian traders purchased the product, used for making incense, perfumes and varnish and shipped it to Europe and China The thicker resinous oil secreted by the Dorana tree was used mainly for making paints.
Undoubtedly, John Davy, told his brother, what he learned in Sri Lanka. The “fair Cingalese tree of Davy” is certainly a Doona species, not cinnamon, as speculated by a European historian. Cinnamon doesn’t fit into the story.
Dipterocarps were the dominant species of trees in our forests and thickets everywhere centuries ago. Think for a moment about why there are so many villages and place names with prefixes; Hora, Dorana and Doona. For example, “Horana”, derived from “Hora Arana” means a forest of Hora trees. Today, a Hora tree is hard to spot in a village. As a child, I played with the spinning fruits of the Hora tree, not remotely maneuvered helicopter drones but later understood the mathematics of aerodynamics.
No more Hora, Doona and Dorana trees in Horanpella, Doonagaha and Doranagoda. A few of these in Sinharaja and other reserves need to be saved preciously.
Again, guess why there are more than one hundred villages and localities in Sri Lanka with the prefix “Dummala”. The fossilised resin of dipterocarp vegetation is dummala (bimdummala). The occurrence of dummala in the locality is the origin of these names. Tens of thousands of years ago, dipterocarp plants existed in abundance. Their resins, resistant to decomposition, accumulated in the soil as dummala.
The plant family dipterocarpacae is a fascinating evolutionary marvel. Originating in Africa more than 100 million years ago, they drifted to India, Sri Lanka and other parts of Southeast Asia. While retaining primitive characters, the family diversified to suit the environment. In a dipterocarp – dominated rain forest, there are tall as well as short species of trees, trapping sunlight optimally and thereby capturing large quantities of carbon. They are the ‘thermostats’ of the planet.
The dominance of dipterocarps owes much to the wind dispersal of seeds. When the winged fruit falls after ripening, they spin like helicopter propellers and carried away by the wind. The average distance the fruit deposits on the ground is not too far from the base of the parent tree, but greater than the width of its canopy, so that the seedling is not shadowed by the parent. The roots of the parent tree extend a distance greater than the canopy width. Seeds deposited in the vicinity of the roots of the parent tree and beyond the extent of the canopy have a special advantage because roots harbor symbiotic fungi. Thus, the seeding gain ready access to sunlight and fungi in soil the promoting growth.
Dipterocarps, so common everywhere in our land until recent times, are now endangered. When John Davy visited Sri Lanka, there were no tea or rubber plantations. Clearing land for cultivation eliminated a good portion of trees. Unfortunately, despite inviting danger, the species yields quality wood. Therefore overexploited for timber, legally and illegally. Many truckloads of timber, would have been used to build one mansion out of unjustly earned money. Imagine the number of trees felled!
They are fast losing hold in other parts of the region because of extensive logging and the expansion of land use.
Dipterocarps survived natural catastrophes such as mega volcanic eruptions, glaciation and asteroid impacts. They have peacefully coexisted with dinosaurs for 65 million years; providing them; food, shade and oxygen. Contrastingly to humans, these mighty animals did not threaten their proliferation. Occasionally, a tree may have been injured by goring creatops (horned dinosaurs), but the oily resin secreted cured the injury.
After an asteroid impact on Earth in the month of June 65 million years ago, dinosaurs and many kinds of plants died out, but dipterocarps survived. Yet they struggle to escape the threat of humans.
Given, sufficient time, evolution is capable of achieving almost ‘anything’ not forbidden by the laws of nature. Through prolonged existence, dipterocarps have acquired and inherited unique characters to suit the environment. Their extinction would irreparably damage the rainforest ecosystem.
I was inspired to be fascinated by the wonders of dipterocarpaceae by my elder brother, the late Jayasumana Tennakone, who played with me, throwing Hora fruits into the air and watching how they spin. We were questioning, how it decides to rotate either clockwise or anticlockwise. Two decades later, the idea helped me fathom a concept in the theory of elementary particle physics.
A part of my ancestral village, Matikotumulla, in the Gampha District, goes by the name “Dummaladeniya”, a beautiful marshy area with paddy fields and a stream. My father walked us to this part of the village frequently. We picked up sizeable pieces of dummala from the stream. He said these are fossils of plants and cannot be minerals. Later, I was enthralled to learn dummala is derived from dipterocarpaceae.
Once, I walked miles in the wilderness to see a Dorana tree. What I saw was a giant tree on its deathbed, tortured by severely burned wounds!
(The author can be reached via email:email@example.com)
The Snoozing Sires
By Lynn Ockersz
In a decades-long blissful slumber,
Have these our flabby Sires been,
Charged with eyeing the public coffers,
But fixated more on survival tactics,
As dusty tax files rose in a spiral,
And Sharks made good their escape,
While Sprats were left behind,
To fend off brow-beating taxmen,
In a hurry to recoup un-fazing losses,
But better late than never,
And with the wise we hasten to add;
‘Good Morning Sires, glad you’ve woken,
On seeing the works of glorified salesmen,
Who struck it rich while you slumbered;
Get the Department to get its act together,
Seize those runaway Sharks in a drag-net,
And give back to the people their billions.’
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