The Mervyn – Malaka Pestilence

By Nirmala Kannangara - Pictures by Saman Kariyawasam- Monday, April 08, 2013

Minister Mervyn Silva with Hasitha Madawala and The incident took place close to this motor vehicle

The acquittal of Malaka Silva in the case of the alleged assault on an Army Intelligence Officer, and the granting of bail to Sarath Edirisinghe alias Singappuru Sarath and Saman Nishaman two of the five main suspects in the murder of Hasitha Madawala (Kelaniya Pradeshiya Sabha member), implies that any suspected criminals connected to Public Relations and Public Affairs Minister Mervyn Silva are released in next to no time.

This has been evident in the past also, when Malaka Silva was accused of many acts of intimidation and unlawful behaviour, legal action was not taken because he is the son of Minister Mervyn Silva. The Minister’s mantle of protection extends not only to his kith and kin but to the near and dear friends of his offspring who have been accused of criminal acts.

The blight that is Malaka

Malaka is notorious for his intimidating behavior especially in nightclubs and it was not so long ago – on September 9, 2012 that he and his friend Rehan Wijeratne together with Ministerial Security Division (MSD) personnel went on a rampage in the JAIC Hilton car park where they assaulted an Army Intelligence Officer Major Chandana Pradeep and a Corporal.

Police report on the murder and Post Mortem Report

Although the video footage from JAIC Hilton’s CCTV has clearly shown how the army Major and the Corporal were attacked by Malaka, Rehan and the MSD personnel, it was evident that the Sri Lanka Army did not stand by their staff but followed a deaf and dumb attitude instead.

Although the Major first stated that it was Malaka, Rehan and some security officers who assaulted him and Malaka was accused of taking the Major’s service firearm and the mobile phone, due to pressure mounted on him by Minister Mervyn Silva, Major Chandana Pradeep had to submit an affidavit to courts claiming that he was not assaulted by Malaka and his group but by some other group.

“It is a well-known secret as to how Minister Mervyn Silva acted fast when it was reported that his son had assaulted an Army Major and that the army officer has sustained severe head injuries and was undergoing treatment at the Accident Ward of the National Hospital. If not for the complete turn the Army Intelligence Officer took because of the pressure from Minister Silva, it would have been a tough time for Malaka. Knowing what the consequences would be, Major Chandana Pradeep later submitted an affidavit claiming that it was not Malaka Silva that assaulted him and could not remember who his attacker was,” an army officer said on conditions of anonymity.

As a result of not having any evidence to prove Malaka’s involvement in the assault, the Attorney General (AG) advised the courts that there was insufficient evidence to proceed against Malaka, Rehan and the rest and as a result the court acquitted all the accused last week.
Malaka has an interesting record of assault and battery. In September 2007, Malaka was accused of assaulting Chaminda Senasinghe, brother of UNP Parliamentarian Sujeewa Senasinghe with a pistol butt at the Bistro Latino Restaurant. In that instance too no action was taken against the Minister’s son.

It was also reported in 2005, that Malaka together with two of the MSD bodyguards pleaded guilty to attacking Police Narcotics Bureau (PNB) officers who were on a drug raid at My Kind of Place at the Taj Samudra Hotel in 1995.

Malaka was charged with intimidation and obstruction of the PNB team which was on a narcotics raid with a court order on a tip-off to arrest an ‘Ecstasy’ dealer who was said to have been trafficking the drug at the hotel. The PNB officers who were in civvies were leaving the nightclub after the raid, when Malaka threatened them at gunpoint and assaulted them with the help of MSD bodyguards.
However the police later released Malaka and the MSD officers claiming that there was no evidence against them.
This has raised many questions amongst the general public.

“What would have happened to normal citizens in this country if they committed such crimes over and over again? Leave alone whether they would be allowed to go free without any charges being brought, can we expect bail to be granted for even a simple robbery. Even the law enforcement authorities now come under threat if they do not heed the instructions of politicians,” said an angry Attorney-at-Law in Kiribathgoda. To her, Malaka is a curse to the country. The manner in which Malaka Silva has gone on rampage on many occasions and how his father Minister Mervyn Silva has got him freed from the legal process using his political power is a bad example.

“This notorious son knows very well that whatever he does his father is there to rescue him. Imagine if Mervyn Silva is no more in power and his notorious son once again engaged in similar crimes, who will come to rescue him from this legal process? Had Mervyn Silva allowed the police to act impartially when his son first committed a crime and allowed him to serve in the remand for few years, he would have learnt a good lesson and would not have committed crimes repeatedly. A father of the caliber of Mervyn Silva is also a curse to the country,” she added.

Mervyn the scourge of Kelaniya

Meanwhile the 4th and 5th suspects of the Madawala murder Sarath Edirisinghe alias Singappuru Sarath and Saman Nishaman respectively were granted bail on Tuesday, April 2 by the Gampaha High Court Judge. Following this unexpected granting of bail, people in Kelaniya and Kiribathgoda are now living in fear that the suspects would exact revenge from them. Singappuru Sarath was the Parliamentary Affairs Secretary to Minister Mervyn Silva while Saman Nishaman was the Coordinating Secretary to the Minister.

Both Singappuru Sarath and Saman Nishaman were taken into custody for aiding and abetting the killers of Hasitha Madawala. People in the area alleged that it was Minister Mervyn Silva who had got these two suspects released on bail even though there is evidence that these two men were directly involved in Madawala’s murder.

“The 1st suspect Rangana Perera who killed Madawala had told the CID that it was his mother’s brother – Singappuru Sarath who had given him the murder weapon and wanted him to kill Madawala. According to Rangana the weapon which is a T 81/ 01 automatic machine gun was in the possession of Singappuru Sarath. Isn’t that alone concrete evidence to keep him behind bars rather than taking him as a state witness and granting him bail together with the 5th suspect,” queried a businessman in Kelaniya who wished to remain anonymous.

According to the source, Rangana had also told the CID that it was Saman Nishaman who had taken him (Rangana) and the motorcyclist who rode the motor cycle to kill Madawala to Negombo to a safe place following the assassination.

“It is said that the 5th suspect Saman Nishaman provided transport for the motorcyclist and the suspected killer to go into hiding in Negombo. It was also said that Singappuru Sarath had bought his nephew Rangana an air ticket to go to Singapore the following day and given him US$ 1000 for his expenses,” said the source.

Meanwhile according to the police ‘B’ report submitted to the Mahara Magistrate Court, the two helmets worn by the motorcyclist and the suspected killer at the time of the murder had been found at Samanala Restaurant in Kiribathgoda which is owned by Singappuru Sarath.

“The ‘B’ report further states that when Rangana Perera wanted his uncle Singappuru Sarath (to take both him (Rangana) and the 2nd suspect Ashen Chathuranga (the motorcyclist) to a hiding place, it was his uncle who had called the 5th suspect Saman Nishaman and asked that they be taken to Negombo,” said the source.

He further said that it was Singappuru Sarath’s brother-in-law (his sister’s husband) and father of the 1st suspect Rangana who had provided information on the whereabouts of Madawala.

“It is said Rangana’s father had followed Hasitha Madawala on this particular day in his yellow coloured Bajaj Three-wheeler bearing registration number WP QM 9614 and provided the information to his son Rangana so that he could assassinate Madawala,” the source added.

Furthermore the ‘B’ report stated that the murder weapon T 81/ 01 7.62mm together with two ammunition pouches and 49 bullets were found hidden in the ceiling of the residence of Rangana’s father.

Meanwhile questions have been raised as to how Mervyn Silva was able to get bail set for two of his close associates (the 5th and the 6th suspects) within 54 days of the murder.

“This was the same case with Ann Perera. She was taken into custody on the day of Hasitha Madawala’s funeral for keeping a hand grenade and two swords in her residence. Ann Perera in her statement to the police had stated that she bought the hand grenade and the two swords from one Harshana in Pethiyagoda for Rs.50,000. Although the suspect had originally admitted that she had these weapons in her possession it was a complete surprise when she was later released on the claim that she did not have any weapons in her possession. If Mervyn Silva does not allow the law enforcement authorities to carry out impartial investigations, it is up to President Mahinda Rajapaksa to take stern action against Minister Silva,” the source said.

Meanwhile according to the Post Mortem Report on Madawala, three distorted bullets were recovered at the autopsy and sent to the Government Analyst for forensic analysis. The Report states that the killer had fired at Madawala’s chest and abdomen to kill him instantly.

A slippery slope to hell

Residents of Kelaniya and Kiribathgoda claim that since Mervyn Silva was removed from the post of Organizer and with the arrest of the murder suspects; prostitution, extortions and drug trafficking had declined considerably as the Kelaniya police was taking stern action against criminals.

“It is good that Kelaniya where Gautama Buddha once placed his feet is now returning to a peaceful city. From the time we heard that Singappuru Sarath and Saman Nishaman who were engaged in extortion, prostitution, murder and drug trafficking were bailed out we have been wondering whether the peaceful atmosphere we enjoyed for the past three months will come to a complete standstill. Will the police once again help these two suspects to engage in their illegal businesses with the backing of Minister Mervyn Silva? Unless these thugs are sent from Kelaniya it will be so difficult for us to save the younger generation,” the source said.
Meanwhile people in Kiribathgoda claim that Minister Mervyn Silva had wanted a leading departmental store to gift 1000 white saris to be given to 1000 kiri ammawaru recently.

“Mervyn Silva is the only Minister in the cabinet who does not carry a purse with him. Where ever he goes he will take whatever he wants free of charge. This time the Minister has gone to a leading departmental store and wanted 1000 white saris to be gifted to 1000 kiri ammawaru on his birthday, which fell on March 25. In addition he had asked Chairman, Peliyagoda Pradeshiya Sabah Nihal Ananda to provide 5000 pieces of milk rice. The Sweet House was given an order to provide all the sweet meats. Although all these people claim that Minister Mervyn Silva has promised to settle the bills it will never happen. This kiri danaya has been offered at the Kelaniya Rajamaha Viharaya for 1000 kiri ammawaru and the chief guest was the First Lady Shiranthi Rajapaksa,” said the sources.

Army did not stand by its Intelligence Officer

It is a disgrace that the Army did not stand by its Intelligence Officer who did so much for the country especially during the war”.
An inside source in the Sri Lanka Army on condition of anonymity said that they were disheartened at the way the Army acted when one of their Intelligence Officers was severely beaten by Public Relations and Public Affairs Minister Mervyn Silva’s son Malaka Silva and former Minister Mano Wijeratne’s son Rehan Wijeratne at JAIC Hilton.

Following the release of Malaka Silva and Rehan Wijeratne without being charged, a high ranking army officer said that it was disheartening to see how the Army acted when Major Chandana Pradeep was assaulted.

“When the Army has the original copy of the JAIC Hilton CCTV footage which clearly shows how Malaka and his thugs were assaulting Major Chandana Pradeep and another Corporal why can’t the Army taken legal action? We saw the video footage and that is why I am saying that the assault was clearly visible. But I have a feeling that the JAIC Hilton may have deleted their copy” a senior army officer on condition of anonymity told The Sunday Leader.

According to him, the Army took a back seat when it was reported that the Major was at the JAIC Hilton to meet Nalin Fonseka who is a casino businessman in the country.

“Mervyn had apologized to Major Chandana Pradeep for what had happened to him at the hands of his son Malaka and promised to secure his job if he was willing to give an affidavit saying that Malaka was not involved in the attack. Knowing what would happen to him and his job, Major Pradeep gave an affidavit and did not identify the suspects at the identification parade,” said the source.
Meanwhile, according to the source, Major Chandana Pradeep had to face disciplinary action and his seniority has been reduced. “Although he worked as an intelligence officer who did so much for the country during the war, he has now been sent to Ceylon Light Infantry Unit (CLI) and is now serving in a camp supposedly somewhere in Vavuniya or Medawachchiya. This is what has happened to one of our brilliant intelligent officers,” the source observed.