Thursday, 14 July 2016
A: First of all the jury is out on the issue of wrongdoing. While concerns have been raised the principle of presuming innocence has to be affirmed. Yes, the Auditor General has submitted a report. Yes, COPE is looking into the matter. Yes, the three-member committee appointed by the Prime Minister submitted a report which called for further investigation. What does all this add up to except the inalienable primacy of process? It is one thing to accuse, but quite another to establish guilt. If the Government went around sacking each and every person charged with wrongdoing, nothing will get done. If Arjuna Mahendran had been removed the moment someone accused him, it would have set a very bad precedent, regardless of who was making the accusation. The Government did not crack down on the objectors as has often happened before, but instead gave free rein to the Governor’s detractors. So what we have is an endorsement of democratic principles as well as deference to due process, both necessary for the reestablishment of a different and more democratic political culture in the country. This is what people wanted and asked for on 8 January.
Q: Since you spoke of process, what do you have to say about the claim that this Government is carrying out a witch-hunt against the Rajapaksas and key officials of the previous regime?
A: Let’s have some perspective here. People who elected this Government were crying out for the blood of the Rajapaksas and for understandable reasons too. Perceptions should never be confused with proof. However, this Government came to power vowing to do things differently and most importantly to re-establish the rule of law. We saw how Field Marshal Sarath Fonseka, a war hero mind you, was dragged out of his office, put behind bars, tried and convicted in a manner that brought discredit to the entire judicial process. This was immediately after the Presidential Election of 2010. We also saw how Chief Justice Shirani Bandaranayake was ousted. This Government, in contrast, called for and allowed investigations to take their natural course without any interference. As the Prime Minister has pointed out, these things can take time. However, once the evidence is in and if and only if court is satisfied that arrest is warranted then suspects are arrested, regardless of who they are and whose friends they happen to be. That process has also been complemented by a transparent process of appointing judges as per constitutional provisions. In other words steps have been taken to correct the flaws of the judicial system and to strengthen relevant process. Rest assured, the same principles will be invoked should anyone in this Government or supportive of this Government is found guilty of wrongdoing. Today the FCID and the CID are conducting its affairs in a professional manner and that should be appreciated. They don’t just put people behind bars and then look for reasons like what happened during the Rajapaksa regime. It is something that should be appreciated and not condemned.
