Midweek Review
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.”
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.
Midweek Review
A victory that can never be forgotten
The country is in deepening turmoil over the theft of USD 2.5 mn from the Treasury. The Treasury affair has placed the arrogant NPP in an embarrassing position. The controversial release of 323 red-flagged containers from the Colombo Port, in addition to two carrying narcotics and the coal scam that forced Energy Minister Kumara Jayakody to resign, has eroded public confidence though the NPP pretends otherwise.
Suspicious deaths of a Finance Ministry official, suspended over the Treasury heist of USD 2.5 million, and ex-SriLankan Airlines CEO Kapila Chandrasena shouldn’t distract the government and the Opposition from marking victory over terrorism.
But, the country, under any circumstances, shouldn’t forget to celebrate Sri Lanka’s greatest post-independence achievement. Dinesh Udugamsooriya, a keen follower of conflict and post-Aragalaya issues, insists that those who cherish the peace achieved should raise the national flag in honour of the armed forces.
The armed forces paid a huge price to preserve the country’s unitary status. Those who represent Parliament and outside waiting for an opportunity to return to Parliament must keep in their minds, unitary status is non-negotiable, under any circumstances, and such efforts would be in vain.
By Shamindra Ferdinando
Sri Lanka celebrates, next week, the eradication of the bloodthirsty separatist Liberation Tigers of Tamil Eelam (LTTE) as a conventional threat to the survival of this nation, at least in our hearts, even if the authorities dampen any celebrations. The armed forces brought the war to a successful conclusion on 18 May, 2009. The body of undisputed leader of the LTTE, Velupillai Prabhakaran, was found on the banks of the Nanthikadal lagoon, on the morning of 19 May, less than 24 hours after the ground forces declared the end of operations in the Vanni theatre.
The LTTE’s annihilation is Sri Lanka’s greatest post-independence achievement. Whatever various interested parties, pursuing different agendas say, the vast majority of people accept the eradication of the LTTE’s conventional military capacity as the armed forces’ highest achievement.
Sri Lanka’s triumph cannot be discussed without taking into consideration how the Indian-trained LTTE, who also went on to fight the New Delhi’s Army deployed here, in terms of the Indo-Lanka Peace Accord, signed in July, 1987, giving it an unforgettable hiding. The Indian misadventure here cost them the lives of nearly 1,500 officers and men. Just over a year after the Indian pullout, in March, 1990, the LTTE assassinated Rajiv Gandhi who, in his capacity as the Prime Minister, deployed the Indian Army here. But India launched the Sri Lanka destabilisation project during Indira Gandhi’s premiership.
Western powers, the now decimated United National Party (UNP), Janatha Vimukthi Peramuna (JVP), and an influential section of the media, propagated the lie that the LTTE couldn’t be defeated. But, the United People’s Freedom Party (UPFA), under President Mahinda Rajapaksa’s resolute leadership, sustained a nearly three-year long genuine sustained offensive that brought the entire Northern and Eastern regions back under government control.
The UNP relentlessly hindered the war against the LTTE. UNP leader Ranil Wickremesinghe, hell-bent on undermining the military campaign, had no qualms in questioning the military strategy. The former Prime Minister went to the extent of sarcastically questioning the culmination of the military campaign in the East with the capture of Thoppigala (Baron’s cap) in the second week of July, 2007, calling it just a rock outcrop with no significance. Believing the military lacked the strength to continue with the campaign, Wickremesinghe publicly ridiculed the Thoppigala success. The then Brigadier Chagie Gallage, the pint-sized human dynamo, provided critical leadership to the highly successful Eastern campaign that deprived the LTTE the opportunity to compel the armed forces to commit far larger strength to the region. We clearly recall how he went to announce the prized capture from his forward base, that afternoon, driving his own jeep, dressed as a soldier wearing a cap, with his second in command seated by his side, obviously not to fall victim to any sniper hiding in the surrounding jungles.
The likes of Ravi Karunanayaka, Lakshman Kiriella, Dr. Rajitha Senaratna and the late Mangala Samaraweera demeaned such successes by contributing to a vicious political campaign that dented public confidence in the armed forces. Then Lt. General Sarath Fonseka’s Army needed a massive boost, not only to sustain the relentless advance into the enemy territory, but to hold onto and stabilise areas brought under government control. But the viciousness of these critics were such that Samaraweera had the gall to say that Fonseka was not even fit to lead the Salvation Army.
The Opposition campaign was meant to deter the stepped up recruitment campaign that enabled the Army to increase its strength from 116,000 to over 205,000 at the end of the campaign. In spite of disgraceful Opposition attempts to cause doubts, regarding the military campaign among the public, with backing from Western vultures, who were all for LTTE success, the Rajapaksa government maintained the momentum.
President Rajapaksa had a superb team that ensured the government confidently met the daunting challenge. That team included Defence Secretary Gotabaya Rajapaksa, Vice Admiral Wasantha Karannagoda, Lt. General Sarath Fonseka, Air Marshal Roshan Goonetileke and the then Chief of National Intelligence (CNI) Maj. General Kapila Hendawitharana. There were also the likes of Rear Admiral Sarath Weerasekera, who returned from retirement to transform the once ragtag Home Guards into a worthy back-up to the military, as the Civil Defence Force, at critical places/junctures.
The then Governor of the Central Bank, Ajith Nivard Cabraal, played a significant role in overall government response to the challenge. The then presidential advisor MP Basil Rajapaksa’s role, too, should be appreciated and Prof. Rajiva Wijesinghe as well as Minister Mahinda Samarasinghe contributed to counter the false propaganda campaigns directed at the country. Whatever the shortcomings of the Mahinda Rajapaksa-led UPFA may have had, the armed forces couldn’t have succeeded if the resolute political leadership he provided, with his team of brothers, failed both in and outside Parliament. That is the undeniable truth.
During the 2006-2009 campaign, the UNP twice tried to defeat the UPFA Budget, thereby hoping to bring the war to an abrupt end. Th utterly contemptible move to defeat the UPFA Budget ultimately caused a split in the JVP with a section of the party switching its allegiance to President Rajapaksa to save the day.
Amidst political turmoil and both overt and covert Western interventions, the armed forces pressed ahead with the offensive. It would be pertinent to mention that the Vanni campaign began in March, 2007, a couple of months before the armed forces brought the eastern campaign to an end.
Vanni campaign
The Army launched the Vanni campaign in March, 2007. The 57 Division that had been tasked with taking Madhu, and then proceeding to Kilinochchi, faced fierce resistance. The principal fighting Division suffered significant casualties and progress was slow. An irate Fonseka brought in Maj. Gen. Jagath Dias as General Officer Commanding (GoC) of the 57 Division to advance and consolidate areas brought under control.
The Army expanded the Vanni campaign in September, 2007. The Task Force 1 (later 58 Division) launched operations from the Mannar ‘rice bowl’. Fonseka placed Gallage in command of that fighting formation but was replaced by the then Brigadier Shavendra Silva, as a result of a medical emergency.
The Army gradually took the upper hand in the Vanni west while the LTTE faced a new threat in the Vanni east with the newly created 59 Division, under Brigadier Nandana Udawatta, launching offensive action in January, 2008. Having launched its first major action in the Weli Oya region, that Division fought its way towards Mullaitivu, an LTTE stronghold since 1996.
The 53 (Maj. Gen. Kamal Gunaratne) and 55 (Brig. Prasanna Silva) Divisions, deployed in the Jaffna peninsula, joined the Vanni offensive, in late 2008, as the TF 1 fought its way to Pooneryn, turned right towards Paranthan, captured that area and then hit Elephant Pass and rapidly advanced towards Kilinochchi. The TF 1 and 57 Division met in Kilinochchi and the rest is history.
Once the Army brought Kilinochchi under its control, in January, 2009, the LTTE lost the war. The raising of the Lion flag over Kilinochchi meant that the entire area, west of the Kandy-Jaffna A9 road, had been brought under government control. By then the LTTE had lost the sea supply route, between Tamil Nadu and Mannar region. The LTTE was surrounded by several fighting formations in the Vanni east while the Navy made an unprecedented achievement by cordoning off the Mullaitivu coast that effectively cut them off on all sides.
During the final phase of the naval action, they captured Sea Tiger leader Soosai’s wife, Sathyadevi, and her children Sivanesan Mani Arasu and Sivanesan Sindhu. Spearheaded by the elite Fourth Fast Attack Flotilla, the Navy conducted a sustained campaign, with spectacular success in the high seas, and, by late 2008, the Navy dominated the waters around the country.
The sinking of floating LTTE warehouses, with the intelligence provided by the Directorate of Military Intelligence (DMI) and the US Pacific Command, after the Americans decided to speed up the inevitable, and a campaign, directed at operations across the Palk Strait, weakened the LTTE. By early January, 2009, the LTTE had lost its capacity to carry out mid-sea transfers, and the use of Tamil Nadu fishing trawlers to bring in supplies, and it was only a matter of time before the group surrendered or faced the consequences.
Although Tamil Diaspora still believed in the LTTE launching a massive counter attack on the Vanni east front and the Tamil National Alliance (TNA), under the leadership of the late R. Sampanthan, worked hard to halt the offensive, President Rajapaksa declared that the offensive wouldn’t be called off. President Rajapaksa had the strength to resist the combined pressure brought on him by the West and the UN until the armed forces delivered the final blow.
The despicable efforts made by US Secretary of State Hillary Clinton to block IMF funding for Sri Lanka is in the public domain. Clinton was obviously trying to please the Tamil Diaspora. The US made that attempt as the ground offensive was on the last phase against the backdrop of the international community suspending relief supply ships to Puthumathalan.
The IMF provided the much required funding to Sri Lanka, regardless of Clinton’s intervention.
A targeted assassination
The Air Force conducted a strategic campaign against the LTTE while providing support to both the Army and the Navy. Despite limited resources, the Air Force pulverised the enemy and high profile target assassination of S.P. Thamilselvan, in his Kilinochchi hideout, in early November, 2007, shook the LTTE leadership. The deployment of a pair of jets (Kafir and MiG 27), on the basis of intelligence provided by the DMI and backed by UAV footage, to carry out a meticulous strike on Thamilselvan’s Kilinochchi hideout, caused unprecedented fear among the LTTE.
Current Defence Secretary, Sampath Thuyakontha, in his capacity as the Commanding Officer of No 09 Squadron, played a vital role in action against the LTTE. Thuyakontha earned the respect of all for landing behind enemy lines in support of LRRP (Long Range Reconnaissance Patrol).
As the Army advanced on the Vanni east front, thousands of LTTE cadres gave up their weapons, threw away their trade mark cyanide capsules and surrendered. Their defences crumbled and even hardcore cadres surrendered, regardless of the warning issued by Prabhakaran. By the time the armed forces concluded clearing operations, over 12,000 LTTE cadres were in government custody. Although those who couldn’t stomach Sri Lanka’s victory over the LTTE propagated lies regarding the rehabilitation programme, the ordinary Tamil people appreciated the project.
C.V. Wigneswaran, in his capacity as the Chief Minister of the Northern Province, called for a US investigation into the death of ex-LTTE cadres in government custody. The retired Supreme Court judge sought to consolidate his political power by alleging the Army executed surrendered men by injecting them with poison. The then Yahapalana government failed to take action against Wigneswaran who claimed over 100 deaths among ex-combatants.
Instead of initiating legal action, the war-winning Rajapaksa government rehabilitated them. Even after the change of government, in 2015, the rehabilitation project continued. Almost all of them had been released and, since the end of war, the members of the defeated LTTE never tried to reorganise, though some Diaspora elements made an attempt.
The LTTE’s demise brought an end to the use of child soldiers. Those who demand justice for Tamils, killed during the war, conveniently forget that forcible recruitment of children, by the LTTE, also ended in May, 2009. Struggling to overcome severe manpower shortage, amidst mounting battlefield losses, the LTTE abducted Tamil children, from the early ’90s, to be press-ganged into their cadre.
Although the UN and ICRC sought a consensus with the LTTE, way back during Chandrika Bandaranaike Kumaratunga’s tenure as the President, to cease forced recruitment of children, they couldn’t achieve the desired results. The much publicised UN-ICRC projects failed. The LTTE continued with its despicable abduction of children. The LTTE never stopped child recruitment and, depending on the ground situation, it carried out forced recruitment drives. The signing of the Norwegian arranged Ceasefire Agreement (CFA), too, failed to halt forced child recruitment.
The Darusman report that accused the military of killing over 40,000 civilians during the last phase of the war revealed that the LTTE tried to recruit children as it was about to collapse.
The TNA, or any other like-minded group here or abroad, never urged the LTTE to give up civilian shields and stop recruiting children, though they realised Prabhakaran could no longer change the outcome of the war. Norway, and those who still believed in a negotiated ‘settlement’ in a bid to prevent the annihilation of the group, desperately tried to convince Prabhakaran to give up civilian shields.
A note, dated February 16, 2009, sent to Basil Rajapaksa, by Norwegian Ambassador Tore Hattrem, expressed concern over the fate of those who had been trapped in the Vanni east. Hattrem’s note to Basil Rajapaksa revealed Norway’s serious concern over the LTTE’s refusal to release the civilians.
The following is the Norwegian note, headlined ‘Offer/Proposal to the LTTE’, personally signed by Ambassador Hattrem: “I refer to our telephone conversation today. The proposal to the LTTE on how to release the civilian population, now trapped in the LTTE controlled area, has been transmitted to the LTTE through several channels. So far, there has been, regrettably, no response from the LTTE and it doesn’t seem to be likely that the LTTE will agree with this in the near future.”
In the aftermath of the Anandapuram debacle in the first week of April, 2009, the LTTE lost its fighting capacity to a large extent. The loss of over 600 cadres marked the collapse of the organisation’s conventional fighting capacity.
The LTTE sought an arrangement in which it could retain its remaining weapons and start rebuilding the group again. President Rajapaksa emphasised that only an unconditional surrender could save the group’s remaining cadre. The President refused to recognise an area under the LTTE’s control. The CFA, signed by Wickremesinghe and Prabhakaran, in February, 2002, recognised a vast area under the LTTE control. The CFA gave unparalleled recognition to the terrorist group and that was exploited by them to the hilt.
NPP’s dilemma
During his controversial May Day address this year, President Anura Kumara Dissanayake declared that only the armed forces and police could carry arms. Dissanayake warned that no one else could retain weapons.
President Dissanayake’s declaration is of pivotal importance as the armed forces and police twice crushed JVP-led insurgencies, in 1971 and 1987-1990. Dissanayake is the leader of the JVP and the NPP, two political parties recognised by the Election Commission.
Dissanayake, who is also the Minister of Defence and Commander-in-Chief of the armed forces, caused controversy last year when the government announced that the President wouldn’t attend the 16th annual war heroes’ commemoration ceremony at War Heroes’ Memorial, in Sri Jayawardenepura Kotte.
That announcement triggered massive backlash. The government rescinded its earlier decision. Having received an unprecedented endorsement from the northern and eastern electorates, both at presidential and parliamentary polls in September and November, 2024, respectively, President Dissanayake seemed to have been somewhat reluctant to join the national celebration.
Yahapalana leaders President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe succumbed to Tamil Diaspora and Western pressures to do away with the 2016 annual armed forces Victory Day parade. That treacherous move followed them betraying the war-winning armed forces at the Geneva-based United Nations Human Rights Council (UNHRC) in October, 2015.
They co-sponsored accountability resolution, introduced by the US in terms of an understanding with the LTTE’s sidekick. Sirisena and Wickremesinghe forgot that the TNA recognised the LTTE as the sole representative of the Tamil speaking people, in 2001, thereby setting the stage for Eelam War IV. Sampanthan’s outfit, the Illankai Thamil Arasu Kadchi (ITAK)-led TNA, showed its true colours when it joined the UNP-JVP led initiative to defeat Mahinda Rajapaksa. Having accused the war-winning Army Commander, Sarath Fonseka, of unpardonable war crimes, the TNA, along with the UNP-JVP combine, backed Fonseka at the 2010 presidential election. The South rejected Fonseka and he lost the race by a staggering 1.8 mn votes which late JVP leader Somawansa Amarasinghe foolishly called a computer ‘jilmart’, a newly coined word of our fake Marxists. Fonseka’s indefensible declaration, in the run-up to the 2010 presidential election that the celebrated 58 Division executed surrendered LTTE cadres, didn’t do him any good. President Rajapaksa never explained why the US’ unofficial contradiction of Fonseka’s claim was never used cleverly to counter unsubstantiated war crimes allegations, along with Lord Naseby disclosures made in October, 2017.
Sri Lanka’s failure to properly defend the armed forces is nothing but an insult to them. They saved the country from the JVP twice, and Indian trained over half a dozen terrorist groups, finally bringing the largest and the deadliest of them, the LTTE, down to its knees, on the banks of the Nanthikadal lagoon.
The armed forces shouldn’t hesitate to remember their glorious victory over terrorism. Since the change of government in September, 2024, the armed forces refrained from at least mentioning their battlefield achievements. At the last Independence Day, the armed forces shockingly mentioned their role in the Ditwah cyclone recovery efforts as their main achievement, to please the political masters, who themselves have been lackeys of the West, while outwardly professing to be Marxists, the latter line they have already conveniently dropped for all purposes. The armed forces shouldn’t play NPP politics but explain the situation to the current dispensation. The failure on the part of armed forces to erase their proud achievements against terrorism, out of their press releases/narratives, look rather stupid.
Midweek Review
A Novel, a Movie and a Play
Drawing a Thread through Loss and Creativity in Shakespeare’s Life
William Shakespeare [1556-1616] is generally regarded as the greatest playwright and poet in the English language. Notwithstanding the universal appeal and the timelessness of his work, very little is known about his inner-self. Despite his profound understanding of the human condition, evident in his remarkable works of drama and poetry, the origin of his psychological insights – formed long before formal theories of the mind emerged – remain unknown, often loosely ascribed to an innate gift. The thematic and philosophical dimensions of his work are often said to be influenced by the classics of the ‘ancient world’ such as Ovid’s Metamorphosis.
The bestselling novel, Hamnet, by Maggie O’Farrell is a confluence of fact and fiction. The award-winning movie, by the same name, is an adaptation of the novel, its screenplay co-written by Maggie O’Farrell and Chloe Zhao, the director. The central theme of the novel and the movie is the devastating impact of the death of Shakespeare’s son, Hamnet, in 1596, at an early age of eleven, and the sensitive portrayal of the grieving process of the family, inviting the audience to reflect on the proposition that Shakespeare channelled his personal grief into writing Hamlet, the play, four years later.
Mourning and melancholy take centre stage in Hamlet prompting a probable link between William Shakespeare’s own emotional world and his artistic imagination. Interestingly, the names Hamnet and Hamlet were used interchangeably during the Elizabethan era, adding weight to the speculation.
The movie matches the imaginative and descriptive brilliance of the novel. The narrative unfolds against the backdrop of Stratford-upon-Avon and its environs and its inhabitants of Elizabethan England, finally shifting to London and the Globe Theatre. The film won eight nominations at the 98th Academy Awards, including best picture, best director for Zhao, and best actress for Jessie Buckley, who immortalises Anne Hathaway, [‘Agnes’] Shakespeare’s wife, through whom the real face of family grief is portrayed. Shakespeare [nameless] remains ‘silent’ and virtually ‘back-stage’ in London preoccupied with the playhouse, the players and the plays.
Many Shakespeare scholars have speculated about a probable link between the death of Hamnet Shakespeare and the writing of Hamlet, his Magnum Opus:
“No one can say for certain how the death of Shakespeare’s son affected him, but it is hard not to notice that in the years following Hamnet’s death Shakespeare wrote a play obsessed with fathers and sons, grief, and the persistence of the dead.” [James Shapiro]
“Hamnet’s death must have been a devastating blow…..and the shadow of that loss may well lie behind the profound meditations on mortality in Hamlet.” [Park Honan]
“The death of Hamnet is the most plausible personal event to have touched Shakespeare deeply in these years, and it is tempting to hear an echo of that loss in the grief that permeates Hamlet.” [Germaine Greer]
That echo is clearly heard in Act 4, scene 5 in Hamlet:
He is dead and gone, lady,
He is dead and gone;
At his head a grass-green turf,
At his heels a stone.
Yet, in the play, a son loses his father, and the circumstance of the loss is different. Hamlet mourns the sudden death of his father, king Hamlet, he idolised. The young prince is faced with a complex emotional challenge as the late king’s brother, Claudius, usurper to the throne, marries the widowed queen, denying the young prince of his lawful right to sovereignty. The process of mourning is weighed down by the profound significance of the personal loss to the prince and being bereft of any trusting relationships to share his grief – mourning turning to melancholy.
Shakespeare’s greatest tragedy, Hamlet, has gained unremitting interest of audiences, universally over four hundred years, and has been open to divergent appraisal. Any commentary on the play without an exploration of the psyche of its protagonist, prince Hamlet, would be as the popular cliché goes, ‘like Hamlet without the prince of Denmark!’ Hamlet is the longest of all Shakespearean plays, with the least amount of action, but with the most amount of spoken word, mainly by prince Hamlet, which includes his soliloquies [solo locution: self-discourse] that opens the door to his inner self, inviting in by Hamlet himself: “pluck out the heart of my mystery”.
In the first of his soliloquies, Hamlet reveals his affliction with melancholy. He describes the world as worthless, wishes he is dead, contemplates suicide but regrets that God does not sanction such self-destruction. “O, that this too too solid flesh would melt/ Thaw and resolve itself into dew/ O, that the Everlasting had not fixed/ His cannon ‘gainst self-slaughter. O, God, God/ Seem to me all the uses of this world!’
Hamlet’s anguish is expressed as: ‘This goodly frame, the earth’ is no more than a ‘Sterile promontory’; ‘this majestical roof fretted with golden fire’; the heavens, ‘a foul and pestilent congregation of vapours’; and man, ‘the paragon of animals’, a quintessence of dust’, his mind ‘an unweeded garden/ That grows to seed.’ – Hamlet’s melancholic thought with depressive and nihilistic content expressed in philosophical terms.
But his anguish is best depicted in his fourth soliloquy [Act 3, Scene1] arguably, the most quoted piece of verse in all Shakespeare: ‘To be, or not to be’ – about life and death. He questions, ‘whether ‘tis nobler in the mind to suffer/ The slings and arrows of outrageous fortune/ Or take arms against a sea of troubles/ and by opposing, end them’. What happens after death? Is it a peaceful sleep or nightmare? Do we end our miseries by putting ourselves to the ‘quietus’ with a dagger, and enter that ‘undiscovered country’ from which ‘no traveller returns’, or put up with our problems? ‘Conscience makes cowards of us all’ and make us procrastinate.
In his soliloquies Hamlet reveals his affliction with melancholy. He wishes that his body would melt away, describes the world as worthless and contemplates suicide – negative cognitions about the self, the environment and the future, characteristic of severe mood disturbance – but regrets that God does not sanction such self-destruction.
********
Grief is a universal human experience following loss, characterised by sadness, at times mixed with anger and guilt, and frequently transient in nature. Depending on the perceived significance [‘meaningfulness’] of the loss and the absence of a sharing or confiding relationship, grief may become prolonged, with a potential to become pathological.
In a seminal paper published in 1917, Sigmund Freud [1856 – 1939], argued that there are two different responses to loss – ‘Mourning and Melancholia’. His contribution remains the basis for understanding unconscious grief in psychoanalytic thought.
Freud describes mourning as a natural way to respond to losing something or someone significant. It is a transitory process, potentially transforming, albeit painful. In mourning the loss of a loved one, the bereaved gradually withdraws the emotional energy – ‘libido’ – from ‘the lost object’, and the emotional investment is redirected to an ‘alternate object’ or pursuit. Throughout this process the ‘self’ remains intact, allowing the person to heal by integrating the loss into life. In psychology, this process in which a person unconsciously redirects unacceptable or distressing impulses into socially acceptable or constructive activities is called sublimation – a concept introduced by Sigmund Freud and later developed further by his daughter Anna Freud. Instead of expressing the impulse directly, the energy behind it is transformed into something positive or productive – an ‘ego defence’.
On the other hand, Freud described melancholia as a persistent state that stays within the ‘unconscious’ – the repressed aspect of the mind, while the person feels trapped in unresolved emotions which jeopardises their mental and physical well-being.
Shakespeare lost a child, the only son, Hamnet, still in his formative years. The playwright had no option but to leave his family in his birthplace of Stratford-upon-Avon, and return to London after burying his son to continue his work at the playhouse. The significance of the loss to the father would, no doubt, have been profound, as the Greek historian Herodotus fittingly proclaimed, “No one that has lost a child knows what it is to lose a child”.
In the novel, and as depicted in the movie, Agnes [Anne Hathaway] travels to London to meet her husband. Unknown to him she stands with the audience at the Globe Theatre to watch Hamlet, the play, while Shakespeare remains backstage. As O’Farrell poignantly writes in her novel, “Hamlet, here on this stage, is two people, the young man alive, and the father dead. He is both alive and dead. Her husband [Shakespeare] has brought him back to life, in the only way he can”. “She stretches out a hand as if to acknowledge them, as if to feel the air between the three of them, as if to pierce the boundary between audience and players, between real life and play”.
Many literary scholars speculate that Shakespeare in mourning gave voice to his grief through Hamlet, the play’s introspective protagonist, who takes to the stage with melancholic expression. There are others who dispute this view, arguing that Hamlet is a product of his creative genius that transcends any autobiographical explanation. While Hamnet, the novel, and its film adaptation do not assert a direct historical link, they suggest an association between the playwright’s personal loss and his artistic creation. The notion that Shakespeare sublimated his grief into creating the iconic stage work remains suggestive, yet unprovable, but reveals an important ‘therapeutic strategy’ [sublimation] in dealing with loss. Nevertheless, through Hamlet, he gives enduring expression to a universal human condition – grief – that resonates across time.
Moreover, from an aesthetic point of view, a work of art can truly be called Art – whether encountered on the page, the screen, or the stage – when it invites reflection or evokes emotion. The thread that runs through the novel, the movie and the play tend to reinforce that notion.
By Dr. Siri Galhenage, Psychiatrist [Retd]
sirigalhenage@gmail.com
Midweek Review
The Dignity of the Female Head
You’ve been at it these long hours,
Sweeping the sidewalks of the big city,
And scrubbing floors of public toilets,
All the while wiping the sweat off your brow,
And waiting eagerly for departure time,
To get to your comfy nest in the teeming slum,
And see the eyes of your waiting kids,
Light up with love at your sight,
Their hands searching you for sweets,
And such moments of family joy,
Are for you and other women of dignity,
What is seriously meant by Liberation,
But this is lost on grandstanding rulers,
Who know not the spirit of shared living,
Nor the difference between a home and a house.
By Lynn Ockersz
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