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Military assistance may be sought to execute warrants if police fail to make arrests



DSG Peiris demands police upgrade their representation in court

By Shamindra Ferdinando

The Attorney General’s Department is willing even to consider securing assistance of the military to execute warrants issued by courts following submissions made by the department, if the police are unable to make arrests.

Deputy Solicitor General (DSG) Dileepa Peiris said so addressing the media at the AG’s Department last Friday evening (31). Flanked by Additional Solicitor General (ASG) Sumathi Dharmawardena and State Counsel and AG Department spokesperson Nishara Jayaratne, DSG Peiris said the police could discuss difficulties experienced by officers in executing warrants, if any, with AG Dappula de Livera, PC.

DSG Peiris said that they could work out a mechanism in this regard. If required, the assistance of the military could be obtained, he said.

At the onset of the briefing, the first ever called by the AG’s Department, ASG Dharmawardena and State Counsel Jayaratne explained the decision to brief the media as regards the ongoing high profile case heard before the Negombo Magistrate court where now interdicted Superintendent of the prison there Anurudda Sampayo and three other employees were accused of cooperating with the drug dealers and the underworld. The AG’s Department swung into action after Acting IGP C.D. Wickramaratne countered accusations directed at the police on a special television programme.

DSG Peiris questioned the circumstances under which Chief Jailor of the Negombo Prison Upali Sarath Bandara and Second tier Jailor Nishantha Senaratne simply walked into the Magistrate court on July 29 seven days after the issuance of warrants. They were remanded until August 4

In addition to them, the other suspect jailor Prasad Kalinga Kaluaggala who had earlier surrendered to the CID was also remanded until August 4 as well.

On the instructions of the AG, DSG Peiris vowed to go flat out against those responsible for building a criminal empire within the Negombo prison. Declaring that the Negombo case was very special and a challenge to the judiciary and the law enforcement, DSG Peiris explained that the exposure of the underworld and Prisons officials nexus as a result of investigation conducted on February 13 and May 11 this year.

Disclosing various contraband including narcotics seized during raids, DSG Peiris pointed out how the Prisons authorities allowed a digital scale in hands of those dealing in drugs for obvious reasons. The second raid led to the recovery of a double door fridge, electric kettle and various other items, including food supplements, DSG Peiris said, adding that it was only the beginning. “We’ll conduct a major investigation. The AG’s Department secured warrants for the arrests of the four personnel after convincing the court of the need to do so.”€

The fourth suspect (Prasad Kalinga Kaluaggala) surrendered to the CID before the execution of the relevant warrant, the DIG said, while recollecting the high handed manner Chief Jailor Upali Sarath Bandara and Second tier Jailor Nishantha Senaratne walked into the witness box. The top official questioned how two wanted men arrived at the Negombo Magistrate court after having evaded the police for several days. DSG Peiris said that the police owed the AG and the public an explanation why the two suspects couldn’t be tracked down before they reached the court premises.

DSG Peiris said that the pathetic failure on the part of the police to execute warrants sent wrong signal to the public. Recent threats directed at the President, the Secretary, Ministry of Defence as well as the Commissioner General of Prisons by a criminal held at the Boossa prison should be examined against the backdrop of the alleged nexus between the underworld and those supposed to ensure law and order. The DSG emphasized the need to ascertain how criminal held in maximum security prison enjoyed such exclusive power even to challenge the President.

Responding to a query, DSG Peiris stressed that they didn’t have any problem with the Acting IGP and other law enforcement officers.

The DSG said: “The AG’s Department enjoyed excellent working relationship with the police. However, we cannot turn a blind eye to what was going on.”

DSG Peiris rapped police headquarters for not assigning senior officers to represent the department in high profile cases such as the Negombo prison and the alleged involvement of a group of Police Narcotics Bureau (PNB) sleuths dealing in heroin.

DSG Peiris asked why a Senior DIG, DIG or IGP himself couldn’t represent the police in high profile case as he in his capacity as the DSG represented the AG in the lowest court. The police top brass should provide the required leadership in the battle against the underworld. DSG Peiris said that a group of five represented the AG’s Department at the Negombo Magistrate court whereas the police were represented by an ASP.

He Peiris emphasized that they couldn’t allow the unacceptable situation to continue under any circumstances. If the police couldn’t carry out court directives, the police top brass should explain the difficulties so remedial measures could be taken, in consultation with relevant parties.

Responding to allegations that the AG’s Department had been in an unnecessary hurry and too hasty in criticizing the police, DSG Peiris said that they weren’t engaged in what the critics called media shows. DSG Peiris reiterated that Acting IGP should be held responsible for the failure on the part of the police so far to arrest Sampayo as well as other accomplices now in remand after having walked into the Negombo Magistrate’s court.

DSG acknowledged the services rendered by law enforcement officers even at the risk of their lives whereas a minority among the 87,000 strong police department bring the entire service into disrepute.

Responding to another query, DSG Peiris compared government authorities securing the custody of Dubai-based Makandure Madush in May 2019 and Kumaran Pathmanathan alias KP in August 2009 with Sampayo arriving at Hulftsdorp court complex to sign an affidavit, after the issuance of warrant for his arrest. The DSG pointed out that Sampayo had been represented by a President’s Counsel and 15 other lawyers. Where were the police, an irate DSG asked.

The Acting IGP should explain what was going on and his department’s failure to execute the relevant warrant.

Referring to Negombo prison and PNB cases, DSG Peiris said that those genuine crime fighters lacked real friends and required backing whereas the underworld received unhindered support and assistance of the majority. DSG Peiris asserted that it was a very unfortunate situation.

The DSG said that his department would go all out to find out who provided refuge to Sampayo and his assistants as the exposure of those providing cover to wanted men was as important as apprehending the fugitives. DSG Peiris said that there was provision in the law to move court against law enforcement officers who failed to execute warrants.

The Deputy Solicitor General explained that the AG enjoyed the power to initiate an inquiry of his own even without receiving a complaint. He praised the role played by both print and electronic media in highlighting the Negombo case. If not for the media, those interested parties could have easily suppressed the case, the DSG said, urging the media to continue with their good work.

Responding to another query, DSG Peiris said that no one was above the law while emphasizing the need to inquire into alleged involvement of some elite Special Task Force (STF) personnel with the underworld.

Regardless of the consequences, the AG’s Department was determined to bring those high profile cases to a successful conclusion, DSG Peiris said, pointing out that he could have simply allowed the police to ask for additional time from the Negombo Magistrate when the case was taken up on July 22. Alleging that was the norm, the DSG said that the AG’s Department felt the need to take a tough stand “on this issue as our very existence was at stake.


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Hemasiri begins to unload against Sirisena



By Rathindra Kuruwita

Former President Maithripala Sirisena, on April 24, 2019, had told former IGP Pujith Jayasundara that if the latter took the blame for the Easter Sunday bombings he would be given his pension and posted to any country of his choice as an ambassador, former Defence Secretary Hemasiri Fernando yesterday told the Presidential Commission of Inquiry (PCoI) investigating the Easter Sunday attacks.

Fernando said that Jayasundara had come to him for advice on the matter soon after Sirisena had made the offer. Fernando refused to advise him, given the sensitive nature of the proposal. “I told him that he should talk to his family members,” Fernando said.

Sirisena had also told Jayasundara that the Commission he appointed to investigate the attacks, headed by Supreme Court Judge Vijith Malalgoda, would clear the former IGP. Jayasundara only had to accept the responsibility and resign, Fernando said.

The witness also said that around 25 and 30 decisions taken by him as the Defence Secretary had not been implemented due to President Maithripala Sirisena’s interference.

“On one occasion, former IGP Jayasundara and I prepared the documents needed to transfer some police officers. The following day, Sirisena called me, scolded and asked me to cancel the list. He said he was the Defence Minister and that IGP and I had no authority to do such things. Although I tried to explain that there was no political motive behind our attempts, he was not ready to accept it.”

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Now, UK concerned about detention of lawyer allegedly involved in Easter Sunday carnage



Dinesh G. says matter before SC

By Shamindra Ferdinando

Many an eyebrow has been raised over the UK condemning the arrest of 2019 Easter Sunday attack suspect, lawyer Hejaaz Hizbullah, at the Geneva-based United Nations Human Rights Council.

The Cabinet on Wednesday (16) discussed the British government criticism of Sri Lanka’s withdrawal from the 30/1 accountability resolution and current human rights situation in Sri Lanka et al.

Foreign Minister Dinesh Gunawardena briefed the cabinet of ministers of strong criticism directed by the UK at the onset of the ongoing UNHRC sessions.

The UK’s International Ambassador for Human Rights, Rita French, in a statement delivered on behalf of Canada, Germany, North Macedonia, Montenegro and the UK alleged that civil society and human rights groups in Sri Lanka experienced an increasingly difficult operating environment.

A British statement quoted Ambassador French as having said: “Instances of intimidation, harassment and surveillance continue, including threats to families of disappeared persons. Individuals are detained indefinitely without appearance before court, such as lawyer Hejaaz Hizbullah.”

Declaring Sri Lanka’s dynamic and diverse civil society lies at the heart of its vibrant democracy, the Core Group expressed its strong solidarity with Sri Lanka’s civil society, and human rights defenders while requesting the government to take all steps necessary to allow them to operate freely.

Cabinet spokesman and Media Minister Keheliya Rambukwella Thursday (17) told post-cabinet media briefing of Sri Lanka’s response to Core Group’s latest criticism. The Core Group also made reference to the proposed now controversial 20th Amendment to the Constitution as well as President Gotabaya Rajapaksa government quitting the Geneva process.

The UK statement further quoted Ambassador French as having said: “”It (Sri Lanka Government) has suggested that a new domestic process will take the Geneva agenda forward. While we appreciate this continued commitment, previous such processes have, regrettably, proved insufficient to tackle impunity and deliver real reconciliation. This Council will want to pay particular attention to how the new approach, will differ from these previous attempts and put the victims of conflict at its heart. The future of the Independent Commissions including the Office for Missing Persons and Office for Reparations will be particularly important.”

Responding to several questions regarding attacks on Sri Lanka over human rights and accountability issues at the post-cabinet media briefing, Minister Rambukwella pointed out that Lord Naseby had quite efficiently countered the very basis of the 30/1 accountability resolution. The minister recalled how Lord Naseby in Oct 2017 in the House of Lords set the record straight. Kandy District lawmaker pointed out that Ambassador French’s statement was nothing but an extension of accusations propagated on the basis of unsubstantiated war crimes allegations. The Media Minister was flanked by co-cabinet spokesperson Minister Dr. Ramesh Pathirana and Director General of Information Department Nalaka Kaluwewa.

Minister Rambukwella said that Sri Lanka wouldn’t succumb to international pressure.

Responding to The Island queries regarding the Core Group’s criticism, Foreign Minister Dinesh Gunawardena said that Geneva statement had been conveniently silent on why lawyer Hejaaz Hizbullah was taken in by the Criminal Investigation Department (CID).

The police took him into custody under the Prevention of Terrorism Act (PTA) in April this year over his alleged involvement in the Easter attacks nearly a year before.

Noting that Hizbullah had moved the Supreme Court against his arrest, Minister Gunawardena pointed out that British nationals were among about 40 foreigners killed in near simultaneous suicide attacks in Colombo, Batticaloa and Katuwapitiya. Nearly 270 killed and over 400 wounded in Easter Sunday attacks.

Minister Gunawardena said that those who had been critical of certain aspects of the ongoing investigation into Easter attacks should go through the submissions made by the Attorney General‘ s

Department in respect of Hizbullah arrest before the court. The minister said that the AG compared the suspect with the late Anton Balasingham, UK based theoretician of the LTTE.

Responding to another query, the Minister said that the government would certainly inquire into UK claim that civil society and human rights groups were operating in an increasingly difficult environment.

Perhaps, they should reveal specific incidents in case the civil society and human rights groups brought them to the attention of UK the High Commission or other members of the Core Group.

Minister Gunawardena said that civil society groups worked overtime against the Sri Lanka Podujana Peramuna (SLPP) during 2019 presidential and 2020 general elections. Their high profile projects went awry, the minister said, adding that the SLPP did nothing other than to rout the political opposition at two national elections.

The Foreign Minister alleged that various interested parties were making a desperate effort to sustain anti-Sri Lanka campaign though the then government restored peace over a decade ago. Colombo based embassies couldn’t be unaware of the ground situation, Minister Gunawardena said that incident-free presidential and parliamentary polls highlighted the peaceful environment. There was absolutely no basis for accusations that civil society and human rights groups faced threats whatsoever, the MEP leader said.

Minister Gunawardena acknowledged that the government would have to set the record straight as regards war crimes accusations reiterated by some lawmakers from the North at the inauguration of the 9th parliament.

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SJB General Secretary condemns 20A



By Saman Indrajith

SJB General Secretary MP Ranjith Maddumabandara yesterday said that the proposed 20th Amendment to the Constitution had started with all signs of dictatorial regime and any one who cherished democratic values should abhor it.

Addressing the media at the Opposition Leader’s Office in Colombo, MP Madduma Bandara said that only a very few members of the Cabinet of Ministers had seen the content of the draft bill of the proposed amendment. “Not even the Prime Minister has seen it.

Many ministers do not know what it was about. But they have been forced to pass it. Those are signs of a dictatorship being created. If this is the way the Prime Minister and the ministers of the cabinet are being treated before the 20th Amendment becoming law, we can imagine the way it will be once the amendment becomes the law,” he said.

“The MPs who vote for this bill will do so to prune down their powers themselves. Parliament has the supreme power over public finances. But as per the new laws proposed by the draft bill the parliament will lose those powers and they will be vested with the executive presidency. This bill is an attempt the undermine the powers of the legislature. So the MPs will lose their power. We hope that those in the government ranks will have clear understanding of the repercussions of this bill,” he said.

Kegalle District SJB MP Sujith Sanjaya Perera said: “The SLPP government was formed on a promise of bringing down the cost of living and provide relief to the people. They promised to produce the food needed for the country within this land. Now there is a shortage of fertilizer. Farmers complain of the collapse of their cultivations because of lack of fertilizers. Planters too complain of the fertilizer shortage. Nearly 50 per cent of tea industry has faced the problem. There would be food scarcity very soon. Farmers have no means to work for the next Maha season.”

Gampaha District SJB Member Harshana Rajakaruna displaying a coconut at the press conference said: A coconut is now priced at 100 rupees. A kilo of sugar is 150 rupees, a kilo of rice is sold at Rs 120 and the potato price has increased to 180 rupees a kilo. The cost of living is skyrocketing. Where is the relief package promised to people. That was promised at the presidential election campaign. It is nowhere to be seen.

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