Midweek Review
Thico ‘investments’, money laundering and related matters
Violence cannot be justified, under any circumstances. Therefore, the practice of referring to the JVP bids to topple the governments of the late Mrs. Sirimavo Bandaranaike (April 1971) and JRJ and Ranasinghe Premadasa (1987-1990) as southern insurrections should be stopped. The armed forces and police defeated the JVP and LTTE terrorism. Several other Tamil terrorist groups gave up violence in 1989/1990.
Today, some groups are represented in Parliament. The author of ‘Terrorism & the Criminal Law of Sri Lanka’, Attorney-at-law Asela Seresinghe, who researched at the University of Sydney, under the Australia Awards Scholarship Programme for LL.M, dealt with relevant and related issues. Accountability issues cannot be discussed without taking into consideration the immense sacrifices made by the armed forces and police to ensure the continuation of democratic way of life and the utterly reckless and irresponsible conduct of the corrupt political party setup that has brought the country to its knees. Continuation of Sri Lanka’s pathetic performance, at the Geneva based United Nations Human Rights Council (UNHRC), where the country is under heavy pressure to rescind the Prevention of Terrorism Act (PTA), reminds the public of the recurrent failures on the Geneva front, especially in light of the fact the USA and the UK have much more draconian laws in place to tackle the problem of terrorism.
By Shamindra Ferdinando
The recent high profile arrest of Thilini Priyamali, over the misappropriation of massive amounts of money, underscored the need for a no holds barred investigation into her nefarious activities, as well as those of her ‘investors,’ and her employees. But, it wouldn’t be fair to tar all with the same brush.
In spite of quite an extensive coverage of the case, with the focus on Priyamali’s clandestine transactions, and that of her ‘husband’ Isuru Bandara, several contentious issues remains to be properly addressed and investigated.
However, Sri Lanka’s record in investigating high profile cases is pathetic. As examples, we can site quite a few: corruption charges pertaining to the multi-billion dollar aircraft purchase, involving the national carrier SriLankan Airlines, and the Europe-based Airbus consortium, black money stashed abroad, exposed by Panama Papers, Pandora Papers, and 99 percent of revelations about waste, corruption, irregularities, and mismanagement made by parliamentary watchdog committees, have not been pursued to a proper conclusion by those responsible for doing so.
Perhaps, one of the major concerns is whether Priyamali, and those who invested money through what was advertised as a well-diversified duly registered Thico Group of Companies, were involved in money laundering. For a woman, from an ordinary low income family, in Kalutara, with an education only up to eighth grade, there has to be something more to this whole scam.
Priyamali’s enterprise, that claimed to have been established in a range of industries, including construction, entertainment, gem and jewellery, real estate and trading, operated from the 34th floor of the World Trade Centre, situated within walking distance of the Central Bank, and, virtually, under its nose. What is the Bank’s supposed top intelligence unit doing? The couple even exploited the current economic crisis to seek short term foreign currency investments, on the pretext of procuring the much needed crude oil.
It would be pertinent to ask whether the Central Bank has initiated an inquiry into the Thico affair or looked into the lapses on its part. The Central Bank has repeatedly failed to effectively intervene to stop scams operated by various influential groups who preyed on both the corrupt and the naive. Prima facie Thilini Priyamali’s operation seems no exception but a basic much repeated scam, but on steroids.
The One Transworks Square (Pvt.) Ltd. Chief Executive Officer and Director, Janaki Siriwardana, has been accused of facilitating Priyamali’s operation. In the wake of the CID taking Isuru Bandara into custody, on Monday, now the focus is on Siriwardhana. Former Governor Azath Sally is on record as having said that Janaki Siriwardhana, who introduced him to Priyamali at the former’s office, was involved in the alleged scam. Sally said that altogether he and his associates handed over Rs 226 mn to the Priyamali-Siriwardhana duo. The former UNPer questioned the right of the public to ask how they got so much money, according to an interview he gave to Hiru.
Money laundering is meant to disguise criminal proceeds, particularly their illegal origin. One of the primary objectives of money laundering, under whatever circumstances, is to conceal ill-gotten wealth.
Kamal Hassen’s disclosure
The Trico Group controversy should be vigorously examined, taking into consideration the extremely serious accusations and allegations made by prominent businessman Kamal Hassen, the first to seek the intervention of law enforcement authorities. Having lodged a complaint with the Criminal Investigation Department (CID), several weeks ago, with the help of Senior DIG Deshabandu Tennakoon, the senior officer in charge of the Colombo Range. Utterly frustrated with the system in place, Hassen discussed how Thilini Priyamali and Isuru Bandara swindled him of AUD 100,000, USD 60,000 and 136.75 gold sovereigns. Hassen’s exclusive interview with Chamuditha Samarawickrema (Truth with Chamuditha) should certainly help the CID to ascertain the truth.
Hassen accused the Officer-in-Charge of the Fort police station of interfering in his case, on behalf of the suspect.
The intrepid businessman also questioned how the Thico Group proprietor obtained approval for her bodyguards to carry automatic weapons, in a high security zone. Clearance has been received during the previous administration (before the change of the government in July this year).
Responding to Samarawickrema, Hassen revealed that he was inquiring into the alleged involvement of a well-known person whose identity he declined to reveal. Pressed for an answer, Hassen identified the culprit as a man. At one point, Hassen disclosed how Thilini Priyamali received a call from former first lady Shiranthi Rajapaksa, in response to a call she made two minutes before. Hassen alleged that it was all part of the fraudster’s strategy to unnerve those who had been targeted.
When the writer requested Hassen to clarify some of his accusations therein, the businessman stressed that lawyers, appearing for the fraudster recently, tried to convince him, at the Fort Magistrate Court, where the case is heard, to settle it out of Court.
Hassen repeated what he told Samarawickrema that he was offered Rs 10 mn as the initial payment to drop the case. “The culprits have a right to retain lawyers of their choice. There is no dispute over that. Lawyers, too, cannot be faulted for accepting cases. That is their undisputed right.” Hassen said.
He said that he rejected the disgraceful proposal made by a lawyer, on behalf of the accused, as he wanted to pursue the case. In spite of the interviewer pressing Hassen to name the lawyers, he declined to do so.
However, according to Hassen, the alleged fraudster was represented by two President’s Counsels and four other lawyers. Hassen insisted that he talked to the lawyer who made, what he called, an indecent proposal.
Thilini Priyamali is expected to be produced in the Fort Magistrate Court today (19) from remand. The Bar Association of Sri Lanka (BASL) can inquire into this. But, as always the BASL would conveniently say it wouldn’t do so unless the outfit received a complaint. (The writer received that response when an explanation was sought regarding the high profile Aeroflot case in which the conduct of Attorney-at-Law Aruna de Silva received the attention of the Justice Ministry. The lawyer represented the plaintiff the Ireland-based Celestial Aviation Trading Company Ltd., with Avindra Rodrigo, PC, (litigation) of FJ & G.de Saram, leading law firm from colonial times. The Justice Ministry found fault with lawyer De Silva for accompanying a fiscal officer of the Commercial High Court of the Western Province to deliver a court ruling given by High Court Judge S. M. H. S.P. Sethunge in next to no time on 02 June. The government owes an explanation.
Perhaps the Justice Ministry should explain the current status of that particular investigation in the wake of the Office of Chief Justice Jayantha Jayasuriya, PC, being informed of the issue at hand.
Terrorism & Criminal Law

Attorney-at-Law Asela Seresinhe
Attorney-at-Law Asela Seresinhe couldn’t have launched ‘Terrorism & the Criminal Law of Sri Lanka’ at a better time. Seresinhe dealt with a range of issues, including money laundering (Prevention of Money Laundering Act No 05 of 2006/page 112). Would the Thico Group of Companies be subjected to a comprehensive inquiry? Only time will tell.
Former Attorney General, Palitha Fernando, PC (2012-2014) in his foreword, recommended Seresinhe’s work for students of international law, the academics as well as the general public, including politicians.
Fernando suggested that ‘Terrorism & The Criminal Law of Sri Lanka’ be translated for the benefit of Sinhala and Tamil speaking people.
Former AG Fernando recollected the time Asela and his wife, Maheshika, served as young officers at the Attorney General’s Department at the time he served as the AG. During his tenure as the AG, at the behest of the then President Mahinda Rajapaksa, Parliament impeached Shirani Bandaranayake, the 43rd Chief Justice. She was removed in January 2013. Seresinhe served as a State Counsel in the Criminal Division of the AG’s Department (2007-2017).
Draconian anti-terrorist laws
Seresinhe has quite rightly acknowledged that in the absence of awareness and understanding, a section of the public distrusted anti-terrorism laws (Prevention of Terrorism Act), the Public Security Ordinance and Emergency Regulations. The operation of the criminal justice system, too, is a matter of concern, author Asela Seresinhe has said, while profusely appreciating the contribution made by his father-in-law Anil Silva, PC, in overall enhancement of his legal knowledge.
Seresinhe has examined the issues at hand against the backdrop of the enactment of the PTA (Temporary Provisions) (Amendment) Act No 12 of 2022 in March this year before violent public protests erupted against the then President Gotabaya Rajapaksa. Having acknowledged the absence of universally acceptable Convention relating to terrorism, the author discussed a wide range of issues and related matters taking into consideration both domestic and international developments/situations as well.
The author mentioned 19 specific international instruments, relating to terrorism (Sri Lanka is a party to 11,out of 19). Seresinhe also made reference to the ‘SAARC Regional Convention on Suppression of Terrorism’ finalised in Kathmandu, Nepal, on Nov 04, 1987, meant to battle domestic and regional terrorism, as well as Law of Armed Conflict/International Humanitarian Law. It would have been better if the author briefly discussed the Indian destabiliation project that was meant to pave the way for the deployment of the Indian Army in Sri Lanka. By the time SAARC finalized the anti-terrorism law, the Indian Army was deployed in the Northern and Eastern regions, in Sri Lanka, in terms of the Indo-Lanka accord, forced on the then JRJ government. Actually, successive governments had pathetically failed to address accountability issues, raised by the Geneva-based United Nations Human Rights Council (UNHRC), in respect of Sri Lanka’s response to separatist Tamil terrorism. The UNHRC has focused on the fourth phase of the war (2006-2009), while turning a blind eye to the Indian destabilization project, in the run up to the deployment of the Indian Army here (July 1987-March 1990) and atrocities committed by the Indian Army. India never acknowledged the grave violations committed by its Army.
Actually, Sri Lanka never dared, at least, to refer to the status of the Indian Army deployment here. Geneva, too, conveniently ignored the contentious issue. The undeniable truth is that the Indian Army hadn’t been really subjected to Sri Lanka’s domestic laws, nor the Indian sponsorship of terrorism here ever probed. But, India, now a close ally of the US, vis-à-vis China, served as a member of the UNHRC. India abstained at the vote, on the latest resolution, moved in Geneva, against the war-winning Sri Lanka that pulled off an incredible victory despite all odds stacked against her, especially by the West. Altogether 20 countries abstained. Twenty countries voted for, whereas seven voted against.
The UNHRC is seriously concerned about the PTA. Geneva wants the law abolished. President Ranil Wickremesinghe’s government is under heavy pressure, by Western powers, to do away with the PTA with a section of the Opposition, too, finding fault with the Wickremesinghe-Rajapaksa government for using the PTA to suppress those still protesting against the government. Sri Lanka’s anti-terrorism law has become a huge issue, with those represented in Parliament sharply divided over the incumbent government’s response. But it is a fact that some key Aragalaya activists, while claiming to be peaceful protesters, when the opportunity arose they put into operation their sinister plans, as on May 09 when they looted and torched properties of government politicians, right across the country. Likewise, they stormed the PM’s office and even chased the President out of the country, and also torched the private residence of Mr. Wickremesinghe, by taking the law into their own hands. Luckily for the country, President Wickremesinghe took timely counter measures, after taking office, and, thereby, prevented the overrunning of Parliament, as well, in nick of time.
Whatever various interested parties, especially foreign funded NGOs propagated, all countries are vulnerable and should be prepared to face any eventuality. Some of those who advise Sri Lanka on accountability issues are the worst violators of international laws. The US-UK led invasion of Iraq on ‘sexed up’ intelligence reports on the growing threat posed by Saddam Hussein’s Weapons of Mass Destruction (WMDs), or other Western interventions, as in Libya and Syria, never received genuine attention of the UNHRC. That is the reality. Ruination of Iraq is just one example of the murderous Western strategies meant to annihilate those who didn’t fall in line with their agenda.
UK example
Lawyer Seresinhe asserted that Sri Lanka’s PTA (Prevention of Terrorism Act (Temporary Provisions) Act No 48 of 1979 that had been influenced by the UK legislation, introduced in 1974, to face the challenge posed by IRA terrorism. The lawyer underscored the need for substantial changes to the PTA in view of the continuing threats. The National Thowheed Jamaat (NTJ) mounted the 2019 Easter Sunday attacks at a time the Sirisena-Wickremesinghe administration was busy planning to replace the PTA with new anti-terrorism law. The yahapalana lot pushed for the enactment of the new law, citing the Easter Sunday carnage which could have been thwarted if the government acted on specific intelligence received from the government of India. Obviously, the then President Maithripala Sirisena, and the top UNP leadership, were too preoccupied in fighting an internecine war of their own in the yahapalana government, and its bureaucracy, by their dithering, facilitated the NTJ terror project, by sitting on high value intelligence provided by New Delhi.
The author faulted the political party system for undermining what he called ‘truth seeking’ process. This comment has been made as regards the assassination of one-time National Security Minister Lalith Athulathmudali, in April 1993, and the contradictory positions taken by the police, backed by Scotland Yard, and a Commission appointed, in 1995, by the then President Chandrika Bandaranaike Kumaratunga, in terms of the Special Presidential Commission of Inquiry Law No 07 of 1978. It would have been better if the author, at least, briefly discussed the assassination, widely believed to be one of the most controversial political killings.
The police pointed the finger at the Liberation Tigers of Tamil Eelam (LTTE), primarily on the basis of the recovery of the body of Appiah Balakrishnan alias Ragunathan, an undercover LTTE operative. The body was found on the following day on Mugalan Road, at Kirulapone. Both the Sri Lanka police and Scotland Yard asserted that Ragunathan, having been shot by an Army deserter (Tilak Shantha), employed by Lalith Athulathmudali, in spite of injuries suffered, scaled over the nearby wall and ended up on Mugalan Road.
The bullet fired by Tilak Shantha was found on Ragunathan’s body. Having ridiculed and dismissed the Scotland Yard report, the Presidential Commission held that the late Sirisena Cooray and the late Ranasinghe Premadasa ordered the assassination.
‘Terrorism & the Criminal Law of Sri Lanka’ is a must read for those interested in contemporary security issues, including law students, general public, including politicians as suggested by Palitha Fernando, PC.
Against the backdrop of the US, the UK and India exerting pressure on Sri Lanka over accountability issues, the US imposition of travel ban on Chief of Defence Staff (CDS) General Shavendra Silva and his family, in Feb 2020, and the UK considering action against one-time commander of the celebrated Task Force 1/58 Division, the Chapter 8 that dealt with anti-terrorism laws, in the UK, India and the US, is perhaps one of the most interesting sections.
Midweek Review
Fonseka clears Rajapaksas of committing war crimes he himself once accused them of
With Sri Lanka’s 17th annual war victory over separatist Tamil terrorism just months away, warwinning Army Chief, Field Marshal Sarath Fonseka (Dec. 06, 2005, to July 15, 2009) has significantly changed his war narrative pertaining to the final phase of the offensive that was brought to an end on May 18, 2009.
The armed forces declared the conclusion of ground operations on that day after the entire northern region was brought back under their control. LTTE leader Velupillai Prabhakaran, hiding within the secured area, was killed on the following day. His body was recovered from the banks of the Nanthikadal lagoon.
With the war a foregone conclusion, with nothing to save the increasingly hedged in Tigers taking refuge among hapless Tamil civilians, Fonseka left for Beijing on May 11, and returned to Colombo, around midnight, on May 17, 2009. The LTTE, in its last desperate bid to facilitate Prabhakatan’s escape, breached one flank of the 53 Division, around 2.30 am, on May 18. But they failed to bring the assault to a successful conclusion and by noon the following day those fanatical followers of Tiger Supremo, who had been trapped within the territory, under military control, died in confrontations.
During Fonseka’s absence, the celebrated 58 Division (formerly Task Force 1), commanded by the then Maj. Gen. Shavendra Silva, advanced 31/2 to 4 kms and was appropriately positioned with Maj. Gen. Kamal Gunaratne’s 53 Division. The LTTE never had an opportunity to save its leader by breaching several lines held by frontline troops on the Vanni east front. There couldn’t have been any other option than surrendering to the Army.
The Sinha Regiment veteran, who had repeatedly accused the Rajapaksas of war crimes, and betraying the war effort by providing USD 2 mn, ahead of the 2005 presidential election, to the LTTE, in return for ordering the polls boycott that enabled Mahinda Rajapaksa’s victory, last week made noteworthy changes to his much disputed narrative.
GR’s call to Shavendra What did the former Army Commander say?
* The Rajapaksas wanted to sabotage the war effort, beginning January 2008.
* In January 2008, Mahinda Rajapaksa, Defence Secretary Gotabaya Rajapaksa and Navy Commander VA Wasantha Karannagoda, proposed to the National Security Council that the Army should advance from Vavuniya to Mullithivu, on a straight line, to rapidly bring the war to a successful conclusion. They asserted that Fonseka’s strategy (fighting the enemy on multiple fronts) caused a lot of casualties.
* They tried to discourage the then Lt. Gen. Fonseka
* Fonseka produced purported video evidence to prove decisive intervention made by Defence Secretary Gotabaya Rajapaksa on the afternoon of May 17. The ex-Army Chief’s assertion was based on a telephone call received by Maj. Gen. Shavendra Silva from Gotabaya Rajapaksa. That conversation had been captured on video by Swarnavahini’s Shanaka de Silva who now resides in the US. He had been one of the few persons, from the media, authorised by the Army Headquarters and the Defence Ministry to be with the Army leadership on the battlefield. Fonseka claimed that the videographer fled the country to escape death in the hands of the Rajapaksas. It was somewhat reminiscent of Maithripala Sirisena’s claim that if Rajapaksas win the 2015 Presidential election against him he would be killed by them.
* Shanaka captured Shavendra Silva disclosing three conditions laid down by the LTTE to surrender namely (a) Their casualties should be evacuated to Colombo by road (b) They were ready to exchange six captured Army personnel with those in military custody and (c) and the rest were ready to surrender.
* Then Fonseka received a call from Gotabaya Rajapaksa, on a CDMA phone. The Defence Secretary issued specific instructions to the effect that if the LTTE was to surrender that should be to the military and definitely not to the ICRC or any other third party. Gotabaya Rajapaksa, one-time Commanding Officer of the 1st battalion of the Gajaba Regiment, ordered that irrespective of any new developments and talks with the international community, offensive action shouldn’t be halted. That declaration directly contradicted Fonseka’s claim that the Rajapaksas conspired to throw a lifeline to the LTTE.
Fonseka declared that the Rajapaksa brothers, in consultation with the ICRC, and Amnesty International, offered an opportunity for the LTTE leadership to surrender, whereas his order was to annihilate the LTTE. The overall plan was to eliminate all, Fonseka declared, alleging that the Rajapaksa initiated talks with the LTTE and other parties to save those who had been trapped by ground forces in a 400 m x 400 m area by the night of May 16, among a Tamil civilian human shield held by force.
If the LTTE had agreed to surrender to the Army, Mahinda Rajapaksa would have saved their lives. If that happened Velupillai Prabhakaran would have ended up as the Chief Minister of the Northern Province, he said. Fonseka shocked everyone when he declared that he never accused the 58 Division of executing prisoners of war (white flag killings) but the issue was created by those media people embedded with the military leadership. Fonseka declared that accusations regarding white flag killings never happened. That story, according to Fonseka, had been developed on the basis of the Rajapaksas’ failed bid to save the lives of the LTTE leaders.
Before we discuss the issues at hand, and various assertions, claims and allegations made by Fonseka, it would be pertinent to remind readers of wartime US Defence Advisor in Colombo Lt. Col. Lawrence Smith’s June 2011 denial of white flag killings. The US State Department promptly declared that the officer hadn’t spoken at the inaugural Colombo seminar on behalf of the US. Smith’s declaration, made two years after the end of the war, and within months after the release of the Darusman report, dealt a massive blow to false war crimes allegations.
UN Secretary-General Ban Ki-moon, in 2010, appointed a three-member Panel of Experts, more like a kangaroo court, consisting of Marzuki Darusman, Yasmin Sooka, and Steven Ratner, to investigate war crimes accusations.
Now Fonseka has confirmed what Smith revealed at the defence seminar in response to a query posed by Maj. General (retd.) Ashok Metha of the IPKF to Shavendra Silva, who had been No 02 in our UN mission, in New York, at that time.
White flag allegations
‘White flag’ allegations cannot be discussed in isolation. Fonseka made that claim as the common presidential candidate backed by the UNP-JVP-TNA combine. The shocking declaration was made in an interview with The Sunday Leader Editor Frederica Jansz published on Dec. 13, 2009 under ‘Gota ordered them to be shot – General Sarath Fonseka.’
The ‘white flag’ story had been sensationally figured in a leaked confidential US Embassy cable, during Patricia Butenis tenure as the US Ambassador here. Butenis had authored that cable at 1.50 pm on Dec. 13, 2009, the day after the now defunct The Sunday Leader exclusive. Butenis had lunch with Fonseka in the company of the then UNP Deputy Leader Karu Jayasuriya, according to the cable. But for the writer the most interesting part had been Butenis declaration that Fonseka’s advisors, namely the late Mangala Samaraweera, Anura Kumara Dissanayake (incumbent President) and Vijitha Herath (current Foreign Minister) wanted him to retract part of the story attributed to him.
Frederica Jansz fiercely stood by her explosive story. She reiterated the accuracy of the story, published on Dec. 13, 2009, during the ‘white flag’ hearing when the writer spoke to her. There is absolutely no reason to suspect Frederica Jansz misinterpreted Fonseka’s response to her queries.
Subsequently, Fonseka repeated the ‘white flag’ allegation at a public rally held in support of his candidature. Many an eyebrow was raised at The Sunday Leader’s almost blind support for Fonseka, against the backdrop of persistent allegations directed at the Army over Lasantha Wickrematunga’s killing. Wickrematunga, an Attorney-at-Law by profession and one-time Private Secretary to Opposition Leader Sirimavo Bandaranaike, was killed on the Attidiya Road, Ratmalana in early January 2009.
The Darusman report, too, dealt withthe ‘white flag’ killings and were central to unsubstantiated Western accusations directed at the Sri Lankan military. Regardless of the political environment in which the ‘white flag’ accusations were made, the issue received global attention for obvious reasons. The accuser had been the war-winning Army Commander who defeated the LTTE at its own game. But, Fonseka insisted, during his meeting with Butenis, as well as the recent public statement that the Rajapaksas had worked behind his back with some members of the international community.
Fresh inquiry needed
Fonseka’s latest declaration that the Rajapaksas wanted to save the LTTE leadership came close on the heels of Deputy British Prime Minister David Lammy’s whistle-stop visit here. The UK, as the leader of the Core Group on Sri Lanka at the Geneva-based United Nations Human Rights Council, spearheads the campaign targeting Sri Lanka.
Lammy was on his way to New Delhi for the AI Impact Summit. The Labour campaigner pushed for action against Sri Lanka during the last UK general election. In fact, taking punitive action against the Sri Lankan military had been a key campaign slogan meant to attract Tamil voters of Sri Lankan origin. His campaign contributed to the declaration of sanctions in March 2025 against Admiral of the Fleet Wasantha Karannagoda, General (retd) Shavendra Silva, General (retd) Jagath Jayasuriya and ex-LTTE commander Karuna, who rebelled against Prabhakaran. Defending Shavendra Silva, Fonseka, about a week after the imposition of the UK sanctions, declared that the British action was unfair.
But Fonseka’s declaration last week had cleared the Rajapaksas of war crimes. Instead, they had been portrayed as traitors. That declaration may undermine the continuous post-war propaganda campaign meant to demonise the Rajapaksas and top ground commanders.
Canada, then a part of the Western clique that blindly towed the US line, declared Sri Lanka perpetrated genocide and also sanctioned ex-Presidents Mahinda Rajapaksa and Gotabaya Rajapaksa. Other countries resorted to action, though such measures weren’t formally announced. General (retd) Jagath Dias and Maj. Gen (retd) Chagie Gallage were two of those targeted.
Against the backdrop of Fonseka’s latest claims, in respect of accountability issues, the urgent need to review action taken against Sri Lanka cannot be delayed. Although the US denied visa when Fonseka was to accompany President Maithripala Sirisena to the UN, in Sept. 2016, he hadn’t been formally accused of war crimes by the western powers, obviously because he served their interests.
On the basis of unsubstantiated allegations that hadn’t been subjected to judicial proceedings, Geneva initiated actions. The US, Canada and UK acted on those accusations. The US sanctioned General Shavendra Silva in Feb. 2020 and Admiral Karannagoda in April 2023.
What compelled Fonseka to change his narrative, 18 years after his Army ended the war? Did Fonseka base his latest version solely on Shanaka de Silva video? Fonseka is on record as claiming that he got that video, via a third party, thereby Shanaka de Silva had nothing to do with his actions.
DNA and formation of DP
Having realised that he couldn’t, under any circumstances, reach a consensus with the UNP to pursue a political career with that party, Fonseka teamed up with the JVP, one of the parties in the coalition that backed his presidential bid in 2010. Fonseka’s current efforts to reach an understanding with the JVP/NPP (President Anura Kumara Dissanayake is the leader of both registered political parties) should be examined against the backdrop of their 2010 alliance.
Under Fonseka’s leadership, the JVP, and a couple of other parties/groups, contested, under the symbol of the Democratic National Alliance (DNA) that had been formed on 22 Nov. 2009. but the grouping pathetically failed to live up to their own expectations. The results of the parliamentary polls, conducted in April 2010, had been devastating and utterly demoralising. Fonseka, who polled about 40% of the national vote at the January 2010 presidential election, ended up with just over 5% of the vote, and the DNA only managed to secure seven seats, including two on the National List. The DNA group consisted of Fonseka, ex-national cricket captain Arjuna Ranatunga, businessman Tiran Alles and four JVPers. Anura Kumara Dissanayake was among the four.
Having been arrested on February 8, 2010, soon after the presidential election, Fonseka was in prison. He was court-martialed for committing “military offences”. He was convicted of corrupt military supply deals and sentenced to three years in prison. Fonseka vacated his seat on 7 Oct .2010. Following a failed legal battle to protect his MP status, Fonseka was replaced by DNA member Jayantha Ketagoda on 8 March 2011. But President Mahinda Rajapaksa released Fonseka in May 2012 following heavy US pressure. The US went to the extent of issuing a warning to the then SLFP General Secretary Maithripala Sirisena that unless President Rajapaksa freed Fonseka he would have to face the consequences (The then Health Minister Sirisena disclosed the US intervention when the writer met him at the Jealth Ministry, as advised by President Rajapaksa)
By then, Fonseka and the JVP had drifted apart and both parties were irrelevant. Somawansa Amarasinghe had been the leader at the time the party decided to join the UNP-led alliance that included the TNA, and the SLMC. The controversial 2010 project had the backing of the US as disclosed by leaked secret diplomatic cables during Patricia Butenis tenure as the US Ambassador here.
In spite of arranging the JVP-led coalition to bring an end to the Rajapaksa rule, Butenis, in a cable dated 15 January 2010, explained the crisis situation here. Butenis said: “There are no examples we know of a regime undertaking wholesale investigations of its own troops or senior officials for war crimes while that regime or government remained in power. In Sri Lanka this is further complicated by the fact that responsibility for many of the alleged crimes rests with the country’s senior civilian and military leadership, including President Rajapaksa and his brothers and opposition candidate General Fonseka.”
Then Fonseka scored a major victory when Election Commissioner Mahinda Deshapriya on 1 April, 2013, recognised his Democratic Party (DNA was registered as DP) with ‘burning flame’ as its symbol. There hadn’t been a previous instance of any service commander registering a political party. While Fonseka received the leadership, ex-Army officer Senaka de Silva, husband of Diana Gamage ((later SJB MP who lost her National List seat over citizenship issue) functioned as the Deputy Leader.
Having covered Fonseka’s political journey, beginning with the day he handed over command to Lt. Gen. Jagath Jayasuriya, in July, 2009, at the old Army Headquarters that was later demolished to pave the way for the Shangri-La hotel complex, the writer covered the hastily arranged media briefing at the Solis reception hall, Pitakotte, on 2 April, 2023. Claiming that his DP was the only alternative to what he called corrupt Mahinda Rajapaksa’s government and bankrupt Ranil Wickremesinghe-led Opposition, a jubilant Fonseka declared himself as the only alternative (‘I am the only alternative,’ with strapline ‘SF alleges Opposition is as bad as govt’. The Island, April 3, 2013).
Fonseka had been overconfident to such an extent, he appealed to members of the government parliamentary group, as well as the Opposition (UNP), to switch allegiance to him. As usual Fonseka was cocky and never realised that 40% of the national vote he received, at the presidential election, belonged to the UNP, TNA and the JVP. Fonseka also disregarded the fact that he no longer had the JVP’s support. He was on his own. The DP never bothered to examine the devastating impact his 2010 relationship with the TNA had on the party. The 2015 general election results devastated Fonseka and underscored that there was absolutely no opportunity for a new party. The result also proved that his role in Sri Lanka’s triumph over the LTTE hadn’t been a decisive factor.
RW comes to SF’s rescue
Fonseka’s DP suffered a humiliating defeat at the August 2015 parliamentary polls. The outcome had been so bad that the DP was left without at least a National List slot. Fonseka was back to square one. If not for UNP leader and Prime Minister Ranil Wickremesinghe, Fonseka could have been left in the cold. Wickremesinghe accommodated Fonseka on their National List, in place of SLFPer M.K.D.S. Gunawardene, who played a critical role in an influential section of the party and the electorate shifting support to Maithripala Sirisena. Gunawardena passed away on 19 January, 2016. Wickremesinghe and Fonseka signed an agreement at Temple Trees on 3 February, 2016. Fonseka received appointment as National List MP on 9 February, 2016, and served as Minister of Regional Development and, thereafter, as Minister of Wildlife and Sustainable Development, till Oct. 2018. Fonseka lost his Ministry when President Sirisena treacherously sacked Wickremesinghe’s government to pave the way for a new partnership with the Rajapaksas. The Supreme Court discarded that arrangement and brought back the Yahapalana administration but Sirisena, who appointed Fonseka to the lifetime rank of Field Marshal, in recognition of his contribution to the defeat of terrorism, refused to accommodate him in Wickremesinghe’s Cabinet. The President also left out Wasantha Karannagoda and Roshan Goonetilleke. Sirisena appointed them Admiral of the Fleet and Marshal of Air Force, respectively, on 19, Sept. 2019, in the wake of him failing to secure the required backing to contest the Nov. 2019 presidential election.
Wickremesinghe’s UNP repeatedly appealed on behalf of Fonseka in vain to Sirisena. At the 2020 general election, Fonseka switched his allegiance to Sajith Premadasa and contested under the SJB’s ‘telephone’ symbol and was elected from the Gampaha district. Later, following a damaging row with Sajith Premadasa, he quit the SJB as its Chairman and, at the last presidential election, joined the fray as an independent candidate. Having secured just 22,407 votes, Fonseka was placed in distant 9th position. Obviously, Fonseka never received any benefits from support extended to the 2022 Aragalaya and his defeat at the last presidential election seems to have placed him in an extremely difficult position, politically.
Let’s end this piece by reminding that Fonseka gave up the party leadership in early 2024 ahead of the presidential election. Senaka de Silva succeeded Fonseka as DP leader, whereas Dr. Asosha Fernando received appointment as its Chairman. The DP has aligned itself with the NPP. The rest is history.
By Shamindra Ferdinando
Midweek Review
Strengths and weaknesses of BRICS+: Implications for Global South
The 16th BRICS Summit, from 22 to 24 October 2024 in Kazan, was attended by 24 heads of state, including the five countries that officially became part of the group on 1 January: Saudi Arabia, the United Arab Emirates, Iran, Egypt and Ethiopia. Argentina finally withdrew from the forum after Javier Milei’s government took office in 2023.
In the end, it changed its strategy and instead of granting full membership made them associated countries adding a large group of 13 countries: two from Latin America (Bolivia and Cuba), three from Africa (Algeria, Nigeria, Uganda) and eight from Asia (Belarus, Indonesia, Kazakhstan, Malaysia, Thailand, Turkey, Uzbekistan and Vietnam). This confirms the expansionary intent of the BRICS, initiated last year and driven above all by China, which seeks to turn the group into a relevant multilateral forum, with focus on political than economic interaction, designed to serve its interests in the geopolitical dispute with the United States. This dispute however is not the making of China but has arisen mainly due to the callous bungling of Donald Trump in his second term in office.
China has emerged as the power that could influence the membership within the larger group more than its rival in the region, India. Obviously, the latter is concerned about these developments but seems powerless to stop the trend as more countries realize the need for the development of capacity to resist Western dominance. India in this regard seems to be reluctant possibly due to its defence obligations to the US with Trump declaring war against countries that try to forge partnerships aiming to de-dollarize the global economic system.
The real weakness in BRICS therefore, is the seemingly intractable rivalry between China and India and the impact of this relationship on the other members who are keen to see the organisation grow its capacity to meet its stated goals. China is committed to developing an alternative to the Western dominated world order, particularly the weaponization of the dollar by the US. India does not want to be seen as anti-west and as a result India is often viewed as a reluctant or cautious member of BRICS. This problem seems to be perpetuated due to the ongoing border tensions with China. India therefore has a desire to maintain a level playing field within the group, rather than allowing it to be dominated by Beijing.
Though India seems to be committed to a multipolar world, it prefers focusing on economic cooperation over geopolitical alignment. India thinks the expansion of BRICS initiated by China may dilute its influence within the bloc to the advantage of China. India fears the bloc is shifting toward an anti-Western tilt driven by China and Russia, complicating its own strong ties with the West. India is wary of the new members who are also beneficiaries of China’s Belt and Road Initiative. While China aims to use BRICS for anti-Western geopolitical agendas, India favors focusing on South-South financial cooperation and reforming international institutions. Yet India seems to be not in favour of creating a new currency to replace the dollar which could obviously strengthen the South-South financial transactions bypassing the dollar.
Moreover, India has explicitly opposed the expansion of the bloc to include certain nations, such as Pakistan, indicating a desire to control the group’s agenda, especially during its presidency.
In this equation an important factor is the role that Russia could play. The opinion expressed by the Russian foreign minister in this regard may be significant. Referring to the new admissions the Russian Foreign Minister Sergey Lavrov has said: “The weight, prominence and importance of the candidates and their international standing were the primary factors for us [BRICS members]. It is our shared view that we must recruit like-minded countries into our ranks that believe in a multipolar world order and the need for more democracy and justice in international relations. We need those who champion a bigger role for the Global South in global governance. The six countries whose accession was announced today fully meet these criteria.”
The admission of three major oil producing countries, Saudi Arabia, Iran and UAE is bound to have a significant impact on the future global economic system and consequently may have positive implications for the Global South. These countries would have the ability to decisively help in creating a new international trading system to replace the 5 centuries old system that the West created to transfer wealth from the South to the North. This is so because the petro-dollar is the pillar of the western banking system and is at the very core of the de-dollarizing process that the BRICS is aiming at. This cannot be done without taking on board Saudi Arabia, a staunch ally of the west. BRICS’ expansion, therefore, is its transformation into the most representative community in the world, whose members interact with each other bypassing Western pressure. Saudi Arabia and Iran are actively mending fences, driven by a 2023 China-brokered deal to restore diplomatic ties, reopen embassies, and de-escalate regional tensions. While this detente has brought high-level meetings and a decrease in direct hostility rapprochement is not complete yet and there is hope which also has implications, positive for the South and may not be so for the North.
Though the US may not like what is going on, Europe, which may not endorse all that the former does if one is to go by the speech delivered by the Canadian PM in Brazil recently, may not be displeased about the rapid growth of BRICS. The Guardian UK highlighted expert opinion that BRICS expansion is rather “a symbol of broad support from the global South for the recalibration of the world order.” A top official at the Konrad Adenauer Foundation, Caroline Kanter has told the daily, “It is obvious that we [Western countries] are no longer able to set our own conditions and standards. Proposals will be expected from us so that in the future we will be perceived as an attractive partner.” At the same time, the bottom line is that BRICS expansion is perceived in the West as a political victory for Russia and China which augurs well for the future of BRICS and the Global South.
Poor countries, relentlessly battered by the neo-liberal global economy, will greatly benefit if BRICS succeeds in forging a new world order and usher in an era of self-sufficiency and economic independence. There is no hope for them in the present system designed to exploit their natural resources and keep them in a perpetual state of dependency and increasing poverty. BRICS is bound to be further strengthened if more countries from the South join it. Poor countries must come together and with the help of BRICS work towards this goal.
by N. A. de S. Amaratunga
Midweek Review
Eventide Comes to Campus
In the gentle red and gold of the setting sun,
The respected campus in Colombo’s heart,
Is a picture of joyful rest and relief,
Of games taking over from grueling studies,
Of undergrads heading home in joyful ease,
But in those bags they finally unpack at night,
Are big books waiting to be patiently read,
Notes needing completing and re-writing,
And dreamily worked out success plans,
Long awaiting a gutsy first push to take off.
By Lynn Ockersz
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