Yahapalanaya at risk

“To know nothing of what happened before you were born, is to forever remain as a child”~ Cicero 

2017-08-30

Good Governance, however much it looks easy to shout about on platform and introduce, is incredibly hard to sustain even for a short period of time. 
The present government is proving it. With each passing week and month, the level of trust and confidence and the enormous expectations the people placed on the incoming government are evaporating. And they are evaporating fast, albeit the forced resignation of former Finance Minister Ravi Karunanayake and firing of former Justice and Buddha Sasana Minister Wijeyadasa Rajapakshe. The people are opening their eyes. They thought they displaced a regime of corruption and nepotism and it does not seem to be so. At the beginning itself, the incoming government made many strategic blunders: 

A) Not holding the general elections immediately after the presidential election. 
B) Making a Cabinet of Ministers look like an inflated body of massive and unworkable committee. The present Cabinet consists of 48! 
C) Absence of a macro-economic plan. 
D) Continuance of the Presidential System. Instead of an overhaul of the Constitution, the passage of the 19th Amendment has paved the way for a confusing state of governance. 
Let’s take these one by one. 

A) Not holding general elections immediately after the presidential election 

The government of Maithripala Sirisena lost all its sheen and sense of urgency with which the Rajapaksas were rejected at the elections when much-awaited general elections were not held immediately after the presidential election. 
The electoral advantage that the incoming new administration would have had was given away by this imprudent decision. It was certainly a political one. Whether it was taken by new President Sirisena alone or a combined one arrived at with the consent of Ranil Wickremesinghe, the then opposition leader, soon to become the Prime Minister of the new government, is not publicly known. 
Yet that decision cost a great deal of lead time and the political momentum the new government would have gathered was lost. But one reality was known to everyone interested in politics. That was the fate of the Sri Lanka Freedom Party and that of Maithripala Sirisena as its de jure leader. 
New President, Maithripala Sirisena must have calculated that, had the general elections been held immediately after the presidential election, the SLFP would have suffered an immense loss. Had that happened, Maithripala Sirisena would not have liked to be the person under whose watch the SLFP disintegrated. From the point of view of the SLFP and Sirisena personally, the calculus was right; but in the long-term interest of the country, it was a terrible decision. He could have reached an agreement with the UNP leader, even if the SLFP were to lose badly at the general elections, a coalition government between the two parties, UNP and SLFP, was possible. 

"The current rulers must, even late in the day, devise a well-thought out and researched economic plan that would indicate a strategic slant to the country’s economic welfare"

The advantage Mahinda Rajapaksa obtained as a result of the postponement of general elections paved the way for the emergence of a formidable joint opposition made up of some senior SLFPers who were no longer ministers and deputy ministers. 
A coalition need not be between two strong parties. In the 1965 Dudley Senanayake coalition, the then Federal Party which had only about 14 parliamentary seats was an integral partner of the coalition. Demosthenes, a Greek statesman and orator of ancient Athens, once said thus: “Small opportunities are often the beginning of great enterprises.” Both Maithripala Sirisena and Ranil Wickremesinghe missed that opportunity owing to their own shortsightedness. This was a self-inflicted wound and the country is now paying the price. And that was a tremendous strategic blunder of the current coalition. 

• India, a country that has a 1.2 billion population, has only twenty ministers, including the Prime Minister. Sri Lanka, which has 22 million people, has 48 

• Government entangled in ‘retail politics’ 

• Ouster of the Rajapaksas from power was a tremendous leap 

• Government seems to be bogged down in a constant crisis-management mode

B) Size of the Cabinet

The size of the current Cabinet of Ministers, 48 in number, is beyond sustenance. Mahinda Rajapaksa had a Cabinet even larger than this and within the main Cabinet, he governed the country through an inner Cabinet that consisted of himself, his two brothers Basil Rajapaksa and Defence Secretary (although not in parliament, Gotabaya had more powers than a Cabinet Minister) and his Finance Secretary (once again, not in parliament but as powerful as a Cabinet member). 
The current Cabinet comprises of 48 ministers; an unbelievable number for a small country such as ours. And it is unwieldy, to say the least. Being a coalition government and having to please everyone is no excuse. Follow the various compositions of Sri Lanka’s Cabinet since 1947: 
Mahinda Rajapaksa made a mockery of both the Cabinet size and its composition. Collective Responsibility, a lofty ideal of the traditional parliamentary system, was thrown out of the window. Scant respect was paid to routine matters such as meeting on one particular day of each week at one particular time. The usual Wednesday morning Cabinet meeting changed at the whims and fancies of the president. Cabinet secrets were available in the open marketplace for sale. The nation’s highest decision-making body became a mass meeting! All these historical facts may be boring to the curious reader, but it is vital that they are placed on record so that future governments are made aware of these unpalatable facts and figures. India, a country that has a 1.2 billion population, has only twenty ministers including the Prime Minister. 
Sri Lanka which has 22 million people has Forty Eight (48). 
That is not including those so-called ‘State Ministers.’ It is the height of absurdity! All credibility is gone. Those in power never realise how much the masses hate to see these bigwig politicians roam about the country in Mercedes and BMW cars. Hate and jealousy are extremely destructive emotions. 

D.S. Senanayake’s Cabinet in 1947 – Fourteen 
Dudley Senanayake’s Cabinet in 1952 – Fourteen 
Sir John’s Cabinet in ‘53 – Fourteen 
S.W.R.D.’s Cabinet in ‘56 – Eighteen 
Mrs. Sirimavo’s Cabinet in ’60 – Sixteen 
Dudley Senanayake’s Cabinet in ’65 – Eighteen 
Sirimavo’s Cabinet in ’70 – Twenty Two 
J.R.’s Cabinet in ’77– Eighteen to Twenty One 

C) Lack of macro-economic plan

Apart from the ‘One Hundred Day Programme’ unfurled at the presidential election campaign, the government did not spell out a macro-economic plan for the country, nor did they look to have one the way in which they got about. 
A lot of tactical political moves were made just to satisfy some unhealthy elements in the SLFP. Other than the Megapolis and Western Development Ministry, which of course does not seem to be having any accelerated tone into the work of the outfit, no scheme, programme or visible development is taking place in the country in any sector. 
Expansion or development of highways as was done during the Rajapaksa regime is no new development. 
The advantage any government would have in developing highways is that it is one part that is visible to the public. Mahinda Rajapaksa realised it and chose to invest heavily in that type of economic development. Our highway infrastructure was developed but hardly any townships emerged along these highways which aspect of development that might have been able to sustain those highways in the future. Mahinda Chinthana was a load of crap filled with political slogans and pseudo-patriotic rhetoric. It was not a strategic approach to economic development. The current rulers must, even late in the day, devise a well-thought out and researched economic plan that would indicate a strategic slant to the country’s economic welfare. 

"The usual Wednesday morning Cabinet meeting changed at the whims and fancies of the president. Cabinet secrets were available in the open marketplace for sale"

D) Constitutional Reforms

Abrogation of the Presidential System of government was one of the key components of the ‘One Hundred Day Programme’ the current rulers promulgated at the Hustings. 
Yet, they seem to be quite comfortable with a mere 19th Amendment and its somewhat easy passage in parliament. This is a very complicated issue especially in the context of the very diverse and convoluted minds inside the coalition, particularly those who identify with the SLFP. It would have been not so complicated, nor mind-gruelling to have proposed an amendment to the constitution with the current president being named as the succeeding Prime Minister that had a total annulment of the Executive Presidency. We do have constitutional and legal luminaries among our judicial ranks who could have helped the government had they so chosen to seek them out. 
Instead of adopting a strategic approach to the country’s burning problems and issues the government became entangled in ‘retail politics’ 
That is a sure way to lackadaisical governing style. The government seems to be bogged down in a constant crisis-management mode.  On the positive side, the very ouster of the Rajapaksas from power was a tremendous leap for a nation that was increasingly becoming accustomed to a grossly warped and corrupt culture.  We have not got over it and signs of getting over it are not on the horizon either, yet a consistent clamouring from outside forces should not stop. Forced resignations of two leading ministers would not be enough. 

Worst govt since independence– Prof. Purasinghe

By Rasika Hemamali-2017-08-29

The Head of the Department of Political Science at the University of Sri Jayewardenepura, Prof. Terrance Purasinghe says the government has not delivered on its election promises. "The new Constitution is being drafted at a snail's pace. Those reforms have not been implemented. The people wanted the Executive Presidential System to be abolished, and wanted a Parliamentary system to be put in place." He expressed these views in an interview with Ceylon Today. Excerpts:

? If you look back, what has the government done over the past two years?

A: The people brought this government to power with the hope that they will deliver on their primary election promises, which were reinstating democracy, ridding the country of corruption and fraud, establishing good governance, sorting out racial issues, and carrying out a far more logical devolution of power. They even pledged to increase salaries by Rs 10,000 and reduce oil prices. Even though the government has increased salaries by Rs 10,000 and reduced oil prices, they are yet to deliver on some of their primary election promises.

At the same time, the government brought about democratic reforms. They reduced the power of the Executive President through the 19th Amendment to the Constitution. Parliament has been given the right to reduce these powers. Today, Parliament is very powerful.

The President isn't as powerful as he used to be. If the Joint Opposition (JO) did not object, the 19th Amendment would have been even better. The Right to Information Act has come into effect, but the Audit Bill is yet to be passed.

? What promises did they fail to deliver?

A: The new Constitution is being drafted at a snail's pace. Those reforms are yet to be brought about. The people wanted the Executive Presidential System to be abolished, and wanted a Parliamentary system to be put in place. To this date, a proper opinion on that has not been submitted. The current Constitution enables the President to do as he pleases with zero accountability. The people wanted this system to be abolished and that is the reason why the government won the election. There is no proper opinion on that either.

That is the biggest weakness of the government.

Investigations are now being carried out and the individuals who engaged in corruption and fraud during the previous regime are being brought to book. All reports and information required to prosecute these individuals (about 100 people) have been prepared. However, to this date, the Attorney General's Department has not filed legal action. Due to this reason, the public has lost all hopes and are of the view that those who engaged in corruption and fraud will not be prosecuted.

? If Mahinda Rajapaksa comes to power in the future, will be able to achieve these things?

A: This government came to power because the people were fed up with the administrative system of the previous regime. From 2005-2015 the Rajapaksa regime ruled with an iron fist. Many serious incidents took place during his era including, but not limited to violation of human rights, enforced disappearances, murder, and sabotage of media institutions. Corruption and theft were rampant.
High ranking officials in the government were up to all the villainy under the sun. People pointed fingers at the President, Parliamentarians, and ministers. Nobody bothered to investigate. The Judiciary was rendered powerless, because the Executive President called the shots and had the final say. The Executive President had the power to appoint Judges. He got them to deliver judgments in his favour. Because of this unfair advantage, he was able to pass the 18th Amendment to the Constitution with ease.

Rajapaksa wanted to be 'the President for Life.' His long-term objective was to create a system similar to a monarchy, where his son would inherit power after his demise. The citizens of the country were flabbergasted when they got to know this, and so they decided to remove him from power. People voted for the new government because they thought that it would bring about change.
The Rajapaksa regime took the subject of devolution of power very lightly. Instead of trying to sort out the issue, they in fact made it worse. They thought that if they pit people against each other and divided the country this would enable them to stay in power forever.

A good example of this is the incident which took place at Beruwala. They killed prisoners. Several questions were raised over human rights. This is why the Human Rights Council brought a resolution against the Rajapaksa Government. Due to this reason, the Rajapaksa Government had to hold an election ahead of the specified time. The election that should have been held in 2017 was held in 2015.

? What are the weaknesses of the current government?

A: This is the most unfortunate and tardy government that has ever come to power since independence. The main reason for this is the two pronged approach of the government. The President is from one party and the Prime Minister is from another party. There are several angles from which the 1978 Constitutional conflict can be analyzed. When the President is from one party and a majority of individuals in Parliament are from another party it is not possible to carry on a government efficiently and effectively due to the conflict of policies. The Prime Minister and the President are dreaming about coexistence, however, that does not suit the political culture in this country. In the past, the two main parties have never governed a country. This is something new.

? What will be the outcome of this experiment?

A: This is not a time to carry out experiments to solve the problems of this country. If there are no problems in the country and there is a peaceful environment and no economic crisis and if the people do not have burning political ambitions, experiments can be carried out. People have burning expectations.

The people want justice to prevail and they want the thieves, murderers, and people who engaged in corruption to be brought to book. Unfortunately, the government has not understood it. If they promised something, they need to deliver it. They are yet to do this. Due to this reason, thieves and murderers are getting away with their crimes. Rajapaksa and his cronies are using the opportunity to gain political mileage. The government should take full responsibility for this.

? There are thieves in the government. What is your opinion about this?

A: The individuals in this government are scared to steal. The individuals accused of theft in this government were investigated prior to those from the previous government. None of the previous governments investigated suspects in their governments. Two ministers of the government resigned. Rajapaksa was accused of embezzling 'Helping Hambantota' funds. Did he resign? In Ravi Karunanayake's case, the good governance government came down hard on him and he was forced to resign.

? Are you satisfied with the economic policies of the government?

A: With regard to the South Asian Institute of Technology and Medicine (SAITM), I cannot agree with the fact of privatization with the government. Government assets need not be sold off. They should be managed. If industrial development is created in Sri Lanka, it is foreign investors who will invest. Foreign investors will not come here to invest for about 20 years. They will come for either 99 years or more. Under the regressive capitalist system, countries can be developed only with the aid of foreign investment. Foreign investors do not come to develop this country. They come to earn profits. We have to know how to manage it.

Why did the government embrace SAITM, which is something that was left behind by the Rajapaksa regime? They are trying to fulfil a requirement of the wealthy class. Why is the government displaying that? They could have come up with a proper solution for SAITM and the government could have acquired it. If they did this, people would have praised them. These are bad decisions. If they do not take corrective action, the government cannot move forward. At the same time, the government needs to come up with a plan to reduce the cost of living. If they do not rectify the issues, there is a high probability that Rajapaksa and his cronies will come back to power. The government should have tried to fix the issues over the course of two years. If the people feel that the government is going on a developed, democratic journey, it will have a future. If not, the government will become the most unfortunate regime that came to power since independence.

? What can the people do to make this a people-friendly regime?


A: People need to educate themselves about politics. There is no point in casting your vote and keeping quiet afterwards. If the citizens of this country elected someone into office, then that individual needs to be accountable to the citizens. If the person who has been elected to office does not deliver and neglects their duties and responsibilities, the citizens should be able to take up this matter with political representatives, Parliament, and the President.

SRI LANKA: CPA CHALLENGES THE TWENTIETH AMENDMENT TO THE CONSTITUTION BILL

August 29^th 2017, Colombo, Sri Lanka: A Bill titled ‘The Twentieth Amendment to the Constitution’ (the Bill) was placed on the Order Paper of Parliament on 23^rd August 2017. The Centre for Policy Alternatives (CPA) and its Executive Director filed a Petition on 28^th August 2017 in the Supreme Court, stating that the Bill can only be passed in Parliament with a special majority (2/3rds of the Members of Parliament) and with the approval of the people at a referendum. Our petition is based on the following arguments:

First, the Bill fails to comply with a mandatory procedural requirement for constitutional amendments. Article 154G(2) of the Constitution requires any amendments to the devolution framework established by the Thirteenth Amendment to be referred by the President to every Provincial Council for the expression of their views before being placed on the Order Paper of Parliament. This procedure was not followed in this case. The importance of this requirement is that it enables Provincial Councils to express their views on a constitutional amendment Bill, and to give the government an opportunity to accommodate those views, before a final Bill is presented to Parliament.

Second, CPA contends that the Bill violates Article 3 of the Constitution. Article 3, which affirms the sovereignty of the people, recognises that the franchise is a part of that sovereignty. After the Thirteenth Amendment introduced devolution, this includes the right of citizens in the nine Provinces to elect a Provincial Council of their choice. The Bill negatively affects the people’s franchise because it transfers to Parliament the power of a Provincial Council to decide when that Council should be dissolved. As a result, it delays the opportunity of citizens in Provinces whose Provincial Council terms end before the “specified date” in the Bill, to vote for a new Provincial Council until then. Equally, the mandate citizens have given to Provincial Councils whose terms end after the “specified date” in the Bill is cut short by the Bill.

Following on from this, CPA further argues that the Bill may infringe Article 10 of the Constitution which affirms the freedom of thought and conscience. The Bill would restrict the ability of citizens in certain Provinces to exercise choice as their thought and conscience may dictate at a Provincial Council election. The combined effect of the Bill’s infringements of Articles 3 and 10 is a derogation of the people’s sovereignty by taking away their franchise, and consequently, a violation of their freedom of thought and conscience. The Constitution does not permit any restrictions to be placed on the freedom of thought and conscience.

CPA wishes to emphasise that, beyond its legal defects, the Bill represents a departure from several of the government’s stated promises. First, it creates the perception that Provincial Council elections are being delayed for politically expedient reasons as the government is postponing facing the electorate. This runs counter to the government’s promise to uphold democracy and respect the will of the people, and to facilitate the electoral process in a non-partisan manner.

The Bill also backtracks on devolution by taking away the power of Provincial Councils. This contradicts the government’s promise to ensure maximum devolution within a unitary state. The Bill undermines the Thirteenth Amendment and proceeding with it would call into question not only the government’s commitment to devolution, but also its political integrity, and its commitment to democracy.

Doctor mafia and politicos seek to rescue drunken doctors charged with attempted rape ! JMO issues fake certificate!

(Lanka-e-News - 29.Aug.2017, 8.30 PM)  Two doctors of the government service (that  claims and proclaims that it is  superior than the rest in the medical profession)  who were drunk as skunks tried to abduct and commit rape on a mother who had come to take her child from the  tuition class . Sadly this was exposed only by one  television channel . 

Based on information reaching Lanka e news inside information division , the chief minister of the province Mahipala Herath and his son Kanaka Herath M.P. together with Kegalle hospital judicial medical officer Jayaweera are leaving no stone unturned to suppress this incident .

These two scoundrels who brought disgrace on  the noble profession and the nation are  dental doctors  attached to the Kegalle hospital.  One of them  by the name of  Chamara Priyankara is 32 years old and is a resident of Pallegama , Deidgama , while the other is Don  Ranjith from Kegalle itself.  The latter also runs a private dispensary  in the vicinity of Shalika hotel , Kegalle. 

According to information reaching Lanka e news , these two  government doctors of the so called self proclaimed superior standard doctor mafia have acted most shamelessly worse than animals  by attempting  to  commit rape on a helpless innocent mother  ……

On the 26 th a free medical clinic was conducted under the patronage of chief minister Mahipala Herath at Alapanawa ,Kegalle on the 26 th.  These two dental doctors too have participated in this program and all  the doctors were served with liquor. Chamara  and Don after eating and drinking there had got a lift in another doctor’s vehicle . They have on the way bought another bottle of liquor from a restaurant , and stopped at Nidahas mawatha , Kegalle .

 The victim had arrived with her brother to pick up her child from the tuition class. While she was waiting on the road until the child returned after the tuition class, her brother has gone to a shop nearby .

It is at that moment these two doctors have accosted her. These two doctors  Don and Chamara of  so called  ‘superior ‘ standard doctor mafia have seized her by the hand and tried to force her into the vehicle. The intention was to abduct her ,  take to Ranjith’s dispensary nearby and rape her. The mother who  screamed and shouted for her brother , had got her hand released  and beaten   Chamara . 

The bystanders on hearing the screams have arrived on the scene and assaulted the two doctor rascals. Chamara was pummeled after stripping him of his clothes .As the dispensary of Don was nearby , both tried to escape into the dispensary , but the crowd had prevented that , informed the police and taken these two culprits in another vehicle to the police station.

As is often the case when politicians and doctor mafias are involved  , lawlessness took  precedence.  These two culprits who tried to commit a most heinous crime had given phone calls to Mahipala  and his son when they  had  intimidated and threatened the police. They have warned  the police not to include their names  in the complaints , the aforementioned television channel revealed in its telecast (the relevant video footage is hereunder ). More doctor hooligans  had then arrived at the police station to save the sexually frustrated doctor drunkards.

The police after taking these two inebriated  doctors into custody produced them before the Kegalle hospital JMO Jayaweera to get  the breathalyzer report 

Lo and behold! Though these sex starved  doctor culprits were drunk  as  skunks Dr.Jayaweera the JMO  being their friend issued a bogus report that they were sober. The police who  were shocked by this report could do nothing except express their dismay .

Subsequently when these two culprits were produced before the acting magistrate Eureka Wimalaweera ,Chamara was remanded until the  30 th while Don was released on bail .Since the culprit doctors also  made a complaint they were assaulted , the police arrested two residents too  , and released them on police bail. 

Ironically ,the victim who suffered at the hands of these two legged animals calling  themselves   ‘superior doctors’ is the daughter of a police sergeant. Not enough the sly efforts made by the doctor mafia to save  the doctor rascals through falsified reports , the politicos Mahipala and his son Kanaka Herath have also started making threats to withdraw the complaint . 

Worse part ? These two rascally politicos have also desperately tried to preclude these reports from  being published by the media. Consequently , only the Hiru TV channel reported this. Now , even the media that exposed this is being intimidated and threatened by the doctor mafia and the politicos.

Law abiding citizens are earnestly waiting and watching what action  the health administrative authorities are going to take against the Kegalle hospital JMO for issuing a fake breathalyzer report.

The vide footage of Hiru channel which exposed the most  disgraceful incident of attempted rape by doctors (of all people ) of the most noble profession , is hereunder .

Whither the medical profession with a self proclaimed  ‘superior doctor’ mafia 

---------------------------
by     (2017-08-29 16:12:52)

Bond Scam : Arjun Deleted All Call Records At Perpetual

AUGUST 29, 2017

Metropolitan communications the installer of the call recording system at Perpetual Treasuriesinformed the Bond Commission today, that the recording system they had installed at Perpetual Treasuries was deleted on July 6, and files had been selectively copied by the company.

Perpetual CEO Kasun Palisena

Taking another dramatic turn at the commission, the Chief Engineer of Metropolitan communication Nalin Dharmarathme who took the witness stand in the middle of cross examination of Perpetual CEO Kasun Palisena confirmed that the evidence presented to the Commission by Perpetual Treasuries was fabricated and tampered with.

He said that the call recordings provided to the commission were not from the system Metropolitan had installed.

The Attorney Generals Department earlier, repeatedly questioned Palisena regarding missing recordings. The Department also said that unlike all other recordings provided to them by entities, the recordings provided by Perpetual had no serial numbers and caller IDs.

Palisena repeatedly kept saying that this was all the company had and that he had given all recordings to the commission.

Palisena confirmed that the Commission had been given the exact recordings as they were also through an afffidavit which was read out at the Commission.

Lawyer for Perpetual Nihal Fernando also repeatedly told the Commission that Perpetual had given everything in their possession and that they could not provide any of the other details including caller ID numbers and the call durations as the system did not possess the information.

However, according to Dharmarathne’s testimony today Perpetual had been lying to the Commission throughout.

Read More

AG’s Dept. calls for legal action against Perpetual Treasuries

Tampering with phone recordings etc 

By Shyam Nuwan Ganewatta and Sarath Dharmasena-August 29, 2017, 11:11 pm

Senior Additional Solicitor General (SASG) of the Attorney General’s Department Dappula de Livera, PC yesterday requested the Presidential Commission probing treasury bond scam to institute legal action against Perpetual Treasuries (Pvt.) Ltd (PTL) for misleading the commission by providing fabricated documents and hindering investigations by tampering with the company’s call logger system.

De Livera told the commission that the PTL had meddled with its call logger system to replace its incoming and outgoing numbers with some other numbers.

Evidence proving the deliberate meddling with the telephone recording system had been provided by the Metropolitan Communications (Pvt.) Ltd, which provided telephone services to the PTL, PC Livera told the commission.

According to the Metropolitan Communications (Pvt.) Ltd., the numbers of incoming and outgoing calls of the PTL could be retrieved, but the system had been changed in such a way as to hide some numbers from investigators, he said.

The SASG said that the meddling with the call logger system had been done on July 06, 2017 without the concurrence of the service provider.

Under the circumstances, evidence given before the commission by the PTL so far lacked credibility, Chairman of the Commission Supreme Court Judge K. T. Chitrasiri said.

Considering the facts laid before the commission, legal action should be initiated against the PTL, SASG de Livera said.

After changing call logger system, the PTL officials had replaced the desktop computer connected thereto with a new one, the SASG said, calling on the commission to issue an order to take the old computer into custody for investigation.

Chief Engineers of Metropolitan Company Nalin Ranga Dharmaratne started testifying before the commissions at 1.30 pm after the lunch break. His evidence was led by Assistant Solicitor General (ASG) Yasantha Kodagoda, PC.

Asked by ASG Kodagoda whether he was an engineering graduate of the Peradeniya University, Dharmaratne answered in the affirmative. In answer to a question he said he had worked as the Chief Engineer at the Metropolitan Communications (Pvt.) Ltd., since April, 2010.

Dharmaratne told the commission that the call logger system installed at Perpetual Treasuries had provided facilities such as recording out-going and incoming numbers and times and durations of all calls.

Reading out two paragraphs of the affidavit submitted by Perpetual Treasuries CEO Kasun Palisena, ASG Kodagoda asked Dharmaratne whether what was stated therein was true. The extracts said that call details such as incoming and outgoing numbers could be retrieved. Dharmaratne said the system his company had provided to Perpetual Treasures had the facilities to record aforesaid information.

Commission Chairman Justice Chitrasiri (smilingly): What you are being asked is whether the said statement is true of false.

Dharmasena repeated what he had said.

ASG Kodagoda asked the witness whether what Palisena had said was a diabolical lie or not.

(Laughter)

Dharmaratne said that as far as the system his company had supplied was concerned it was a lie.

Before Dharmaratne began his testimony, Palisena was escorted out of the hall where the proceedings were held.

ASG Kodagoda asked Dharmarante whether Metropolitan Communications (Pvt.) Ltd., had visited Perpetual Treasuries in keeping in compliance with an order given by the commission order to obtained backup data from the logger system. Deharmaratne said he had done so on Saturday (26).

ASG Kodagoda asked whether anything had been found out. Dharmaratne said that he had found that the call data from Feb. 02, 2015 and May 31, 2016 required by the commission had been deleted from the desktop computer which was part of the call logger system. He said he thought the situation was such that the required data could not be retrieved. In place of the data some voice recordings had been inserted.

Chairman Justice Chitrasiri asked how he could say the recordings had been inserted. Dharmaratne said the mother company of Metropolitan, Extend P (Pvt.) Ltd., had studied the logger system through online logging and found out that the calls recorded by the system had been replaced with some telephone recordings. The mother company had informed Metropolitan that the date of new installation was July 06, 2017. SASG Dappula de Livera, PC said earlier in the day that it was the date on which the Central Bank had suspended Perpetual Treasures as a primary dealer for six months.

Justice Jayawardena asked Dharmaratne whether any other client Sri Lanka had done such a thing. The latter said no such thing had been reported as regards the call logger systems his company had installed elsewhere.

Commission member Justice Prasanna Jayawardena, reading from an affidavit submitted by Metropolitan Communications (Pvt.), pointed out to the witness that according to the service agreement between Metropolitan and Perpetual Treasuries, modification or alteration or adjustment could effected to the call logger system without informing the service provider (Metropolitan). Dharmaratne agreed.

Dharmaratne will resume giving evidence tomorrow when the commission meets at 10.00 am today. Palisena has also been summoned to give evidence.

When AG was ‘Your Obedient Servant…’ Under Sirima, Dudley, JR, Premadasa and MR

Wednesday, August 30, 2017

“If public confidence in the judiciary is lost there can be no rule of law.” - C G Weeramanthri -Former vice president of International Court of Justice, at Lalith Atulathmudaly Oration -2012

The Attorney General is the legal advisor to the Government, the Executive President and also to the Speaker of the Parliament, and is always deemed independent, fair and impartial. His department is the entry point to the Temple of Justice. DSS, SWRD and Chandrika did not desecrate the hallowed grounds of the Temple.

Mahinda Rajapaksa placed the AG’s department directly under him during allocation of functions among Cabinet ministers thereby undermining the concept of separation of powers. This unprecedented move jeopardized the entire Criminal Justice system placing the credibility of all legal institutions under a cloud.

The very foundations of the concept of Rule of Law were threatened. The stony silence maintained by the concerned lawyers, human rights activists, judiciary and surprisingly the mighty Bar Association of SL, who should have created a discussion and a proper discourse, was alarming.

However, a few media both the electronic and print, did make a little noise. This silence on the part of both the legal fraternity who usually rise in protest was not unusual during the Rajapaksa regime for obvious reasons.

AGs were unduly influenced, made to leave and replaced with members of the private bar by governments even in the pre 1978 period as well.

Justice Minister Felix R Dias Bandaranaike under Sirima Bandaranaike, made an ad-hoc appointment to Attorney General’s office and abused the high office through his appointee during 1970-77 United Front government. President Ranasinghe Premadasa promoted a junior lawyer by-passing number of seniors, as Secretary to the Judicial Services Commission, merely to interfere with appointment and transfer of judges.

AG under Dudley and Sirima
An Indian businessman who was not successful in obtaining Sri Lankan citizenship in 1960-64 complained that Rattwatte solicited a bribe. He was used against Dr Mackie Rattwatte, the former private secretary to Sirima, by the national government of Dudley Senanayake in 1965-70. The then Attorney General, Victor Tennakoon disagreed saying there is no prima facie case against Rattwatte: Tennakoon was immediately removed, rather promoted to the SC [kicked upstairs] and a party man A C M Ameer QC from the private Bar and the brother–in-law of the person who contested Balangoda electorate against Clifford Rattwatte, brother of Sirima and Mackie, was made the AG. Obviously the appointee obliged the master and prosecuted Dr Mackie on a trump up charge of accepting a bribe from the businessman. The pro-government Bar Association turned a blind eye. However, the District Court Judge dismissed the case without even calling on the defense. – [Ref. Bradmon Weerakoon-2004-pge 155]

Felix Dias, the senior minister and trusted lieutenant of Sirima became infamous for quite few acts of interference with the affairs of hallowed precincts of Hulftsdorf during 1970-77 government. He abused Bribery Commissioner’s office in Ian Wickramanayake era using his favorite, Manohara, a Judge of the District Court, which prompted Gamini Fonseka to produce the film Sagarayak Meda.
Under the former regime, Sri Lanka was ranked at the bottom of the table on South East Asia’s, index on ‘Lack of Rule of Law’. Chandrika government appointed Dr. Shirani Bandaranayake to the Supreme Court in 1996—several leading lawyers filed action protesting against it; the SC bench headed by Justice Mark Fernando overruled them.

President Maithripala Sirisena reiterated many times over that the guiding principles of his national government would be restoration of the Rule of Law, a corruption free administration and good governance.

The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing.
-- Caroline Kennedy

Private practice for AG Department Counsel

Based on the English rule laid down in the 19th century, the AG was not allowed to engage in private practice. This was a precious rule incorporated in the interest of the Justice itself. Violating the tradition in July 1980, the AG and the legal officers of his Department were granted permission to engage in private practice by JRJ Government. Siva Pasupathi, the AG appeared in the Court of Appeal in 1981at a case and marked his appearance as private counsel for LRC was disallowed by the Two-Judge Bench of the Court of Appeal; later it was endorsed by the SC.

Mahatma Gandhi once stated,

“There is a higher Court than the Court of Justice and that is the Court of Conscience.”
Not only Corruption that tilted the balance against an authoritative government to lose the elections on January 8. They got fed up and wanted a change. The man on the street did not vote for the yahapalanaya expecting wonders, surely not, they like you and I voted for the change, being fed up. The people voted for justice and fair play.

Great men of bygone era

S. W. R. D. Bandaranaike had to sell some of his properties to raise funds for the party to contest the 1956 election. Dudley Senanayaka had just a few hundred rupees in the bank when he passed away. C. W. W. Kannangara underwent difficult situations in old age due to lack of financial support and the government came to his rescue as there were no retirement benefits for MPs at that time.

W Dahanayake travelled by train from Galle to Colombo. Merril Fernando and Henry Peiris, the Marxists MPs from Moratuwa and Panadura respectively travelled by bus to Parliament. The majority of outstation members lived at “Sravasthy” when Parliament was in sessions. There were no cars, rent allowances or houses but integrity of MPs was at a high level.

With 1956 change, M S Themis, a postal employee was elected as an MP for Colombo. Going up the steps of the Old Parliament, and seeing Sir John Kotalawala coming down, he greeted him by saying: “Hello John”.

In his inimitable manner Sir John retorted with the choicest vocabulary and gesticulations which our man never anticipated. Prime Minister SWRD told him that he always addressed the former PM as ‘Sir John’. Whether they are in the Opposition or government, such was the regard respect and magnanimity they had towards colleagues.

Will justice prevail? – Let the wigs remain untouched

BY Sugeeswara Senadhira-2017-08-28

"Not only must Justice be done; it must also be seen to be done." (Gordon Hewart, 1st Viscount Hewart, PC.), is one of the principles of fair play in the legal system that was first quoted in 1924, nearly a century ago. At the same time, one cannot but stress another legal maxim, "Justice delayed is justice denied" (W.E. Gladstone), which describes that if legal redress is available for a party that has suffered some

injury, but is not forthcoming in a timely fashion, it is effectively the same as having no redress at all.
The 8 January, 2015 election of Maithripala Sirisena to the office of Presidency came about because civil society and likeminded groups unified under a single umbrella to support a common candidate, primarily on the issues of widespread corruption and the need for justice and good governance,
together with abolition of an executive presidency to end the system that could lead to autocratic rule. The desire for change was palpable amongst people, and the new administration encompassed the optimism of democratic progress beyond party politics.

The first hundred days programme was indeed a turning point, as the President Sirisena sought to fulfil many of the pledges in his campaign manifesto delivering necessary reform and long-term structural changes – the establishment of the Constitutional Council, the passing of the Right to Information Act, and the formation of Independent Commissions are all noteworthy markers of a government striving towards democratic change and accountability. The passing of the 19th Amendment to the Constitution also partially reduced presidential powers through the adoption of a parliamentary system of government.

The August 2015 parliamentary elections consolidated the power of the parliament. However, it is more and more noticeable that the increased authority of parliament has failed to yield any substantial results, stalling the President in enacting his obligations to the electorate.

The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) and the Financial Crimes Investigation Division (FCID) were also set up as important mechanisms of transparency in the new government. However, CIABOC was shut down by the President last year due to inefficiency and a lack of progress. The President said that major cases of corruption or fraud were being swept under the rug due to unwarranted political influence and subservience by law enforcement authorities to the politically powerful. Furthermore, the postponement in the introduction of the National Audit Bill, which intends to enhance the mechanisms of state financial oversight, and the delay in the legally enforceable Ethical Code of Conduct for members of Parliament, also shows less progress has been made in addressing issues of corruption.

Two years on, civil society groups remain worried about the delay in results in addressing the past issues of corruption. The delays in the justice system have become a major public debate in recent months.

Clarifying the position and answering the questions about the integrity and commitment to transparency of the 'good governance' regime, President Sirisena said that he did not like the Attorney General's Department being criticized by anyone and those who criticize must leave alone the AG's Department to work in an independent and stress free environment."I don't see any oversight or mistake in the performance of the AG's Department", he said.

Meanwhile, Attorney General Jayantha Jayasuriya refuted media speculation and comments made by the former Justice Minister Wijeyadasa Rajapakshe that the AG's department was taken to task during a meeting with Prime Minister Ranil Wickremesinghe recently. "In fact it is I who requested a meeting with the Prime Minister. During the meeting which took place at 'Temple Trees' nothing which undermines the respect and integrity of the Attorney General's Department happened, he added.
Will brook no interference

President Sirisena, talking to media last week, said no one should intervene with the processes not only of the Attorney General's Department, but also of the special commissions appointed to inquire into certain issues.

The President said legal action will be taken by the Attorney General against the Central Bank bond issue once the report of the Presidential Commission appointed into investigate into the treasury bond issue is finalized."Unlike various other commissions, the special commission appointed to inquire into the bond issue is progressing well" he said.

The President said that unlike on previous occasions, people of the country have placed their confidence on the commission with the appointment of the Presidential Commission to inquire into the Central Bank bond issue. Further action will be taken by the Attorney General when the Presidential Commission's report on bond issue is furnished.

President Sirisena also emphasized the fact that the government's ability for fair play has won kudos from the international community. "If there was no regime change in 2015, the global community, the US and EU would have imposed trade embargoes against Sri Lanka and political and military leaders would have taken before International Criminal Court for war crimes. The Yahapalana Government was able to defuse that negative impact on Sri Lanka and no country or international agency now talks about Sri Lanka's war crimes and electric chair."

The entire international community is friendly and respects Sri Lanka now. As a result of this positive global atmosphere, Sri Lanka has been able to regain GSP+ and remove fish export ban to the EU. "Though we have made a steady progress in the international arena, we have failed to put an end to corruption and waste" the President acknowledged.

The government also succeeded in obtaining a grace period of two years from March 2017 from the UNHRC to fulfil the undertakings of the resolution co-sponsored by Sri Lanka in Geneva.

While reiterating that there will be no international judges or lawyers in a domestic inquiry on the alleged violation of the International Humanitarian Law (IHL), President Sirisena said it is premature to talk about a domestic inquiry now.


The expectations of the people who elected the government of good governance is that it should show zero tolerance for corruption and distance itself from the wrongdoings of any politician or bureaucrat.

Corrupt persons in the legal system panicking over my statements: Ranjan

SRI LANKA: Lawyers, prosecutors and judges should face the mirror

2017-08-29

Deputy Minister Ranjan Ramanayake today said only the corrupted law enforcement officers start panicking when one talks about corruption in the judiciary.

Mr. Ramanayake told a media briefing that lawyers who have not done any wrong should not get alarmed about his recent statement that legal personnel are amongst the worst corrupted people in this country.

“Bar Association of Sri Lanka Chairman U R De Silva has threatened me by saying they will file legal action against me for contempt of court. I respect the judiciary, the judicial officers and the law. I clearly state that I have not made any statement which could be subjected to contempt of court. What has taken place is nothing but misunderstanding. I only referred to what Upul Jayasuriya, J C Weliamuna and Chandrika Bandaranaike Kumaratunga, Prime Minister Ranil Wickremesinghe and what President Sirisena had said before. Late Prime Minister John Kotelawala said he would apply tar on the heads of corrupted monks. He said all monks should not panic about this statement. Likewise only corrupted judges and lawyers should panic about my statement. There are judges whom we could worship including the Jaffna High Court Judge. We can do the same to late Sarath Ambeypitiya,” he said.

“We saw how those who held the Chief Justice post in the past behaved. Buddha preached that when a king gets corrupted his ministers suffer the same fate so will the others including the citizens of the country. Chief Justice is the king of judges. Judges will have to obey the Chief Justice. A former Chief Justice has assured the head of state that he will deliver any judgement according to whims and fancies of the latter if his term is extended. This is a perfect example of corruption. Former Chief Justice and his wife were hovering around the President and Prime minister at the airport during the day the Pope visited Sri Lanka. They did it so that he could remain as the Chief Justice, I saw this with my own eyes,” he added.

Mr. Ramanayake said he believes that these cases filed against him will do some good to him. This he said because he represents the people. “My statements are based on what people come and tell me about lawyers”.

“People suffer as a result of shortcomings in the judiciary. There are instances where wrong verdicts are given. There are instances where sexual bribes are given. A judge had been accused of raring a servant. People talk about them. A former Chief Justice admitted that he gave a wrong judgement during his tenure. What did the BASL chief do about these judicial officers and lawyers. Aren’t we going to penalize these judicial officers? There are instances where people threw excreta at judges. Some Sri Lankan lawyers have been identified as ones who hold black money by Panama papers. I am going to be penalized when I talk about them. Wrong doers are spared,” he also said.

Mr. Ramanayake called for an institution where people could go when they are subjected to harassment from the judicial officers and lawyers. He said lawyers should not defend anyone who is charged with gang rape and this practice should be enforced in Sri Lanka as well. (Yohan Perera)

Ravi K Retains VIP Perks – Made Virtual Minister Of Rural Infrastructure Development

AUGUST 28, 2017

Resigned Foreign Minister Ravi Karunanayake has been appointed as the head of Rural Infrastructure Special Programme by Prime Minister Ranil Wickremesinghe. According to a leaked letter this programme comes under Prime Minister’s Ministry of National Policies and Economic Affairs. Karunanayake who resigned two weeks ago is still using VIP security and vehicles like a powerful minster, sources close to Prime Minister’s office told Colombo Telegraph.

Namal takes his gang of lawyers to Vietnam to provide wine, women and merriment – an obvious conspiracy !

(Lanka-e-News - 29.Aug.2017, 8.10 PM) Medamulana Namal Rajapakse the infamous synthetic lawyer who shocked the country to its foundation when he became famous as a richest billionaire despite the fact  his declared income is only his monthly salary as  an M.P.,  is now after enlisting  a group of high court lawyers of his own despicable and disgraceful caliber ,  engaged in another dangerous racket . That is,  through this group of villains bogus complaints are being filed against the high court judges of integrity and rectitude hearing the cases of the synthetic lawyer who is now having a revolving door  in prison to facilitate his frequent going in and coming out of prison on account of his  many criminal involvements. This group of frustrated lawyers has been provided with ‘Vietnam massage’ too as a reciprocal gesture , based on reports reaching Lanka e news inside information division.

Their initial conspiracy is to send out Colombo high court judge Gihan Kulatunge best noted for his integrity and  not kowtowing to pressures from any quarter .This is  because many of the cases of the corrupt and crooked Rajapakses are heard in the Colombo high court , and unlike 'Money-lol' the high court venal judge , Gihan is clean and cannot be bought over. Since  Dealdasa alias Wijedasa  the expelled justice minister who corrupted and contaminated the judiciary wholesale is no more , Namal and Rajapakse den of crooks are desperate and in  mortal fear because there aren’t double faced double dealing Dealdasas now to rescue them.

Previously , Namal did not have such a group in the high court for his dastardly and illicit activities. Namal therefore formed a  bogus football team of lawyers in SL and took them to Vietnam purportedly for a football tournament at Rajapakses’ expense.

Namal who is forbidden by courts to leave the country because of his many criminal involvements however managed to get permission to go abroad citing this tournament as an excuse. This tour was undertaken  some months ago , and the other Rajapakse sibling who too is facing charges crept into Vietnam. The lawyer group that went to Vietnam with them were indulged beyond anything they had ever been  accustomed to .Wine , women and food were made freely available  . All kinds of liquor and all varieties of whores were in plentiful supply  though  there is no confirmation that the Rajapakse siblings acted  as direct pimps too.

Among the high court lawyers in the group taken to Vietnam by Namal were Nihal Perera ,Pitigala and  Penni Fernando . Though Pitigala was with the UNP for a while , after having enjoyed thoroughly in the company of Namal, Yoshitha , pimps and prostitutes  on the tour he says they are the best to keep company with. ‘ Yako they are real jolly boys, machang.’

Two more had now walked into Namal’s gang . They are Nimal Weerakody and Heellage. Werakody is well known as a member of the JVP who  helped to commit murders during the 1988-89 period.

Lawyer Heellage was notorious for transacting deals with 'Money-lol' the crooked judge and collected bribes for and on behalf of 'Money-lol'.  In other words Heellage was more a broker than a lawyer. 'Money-lol' was so cruelly and craftily venal that though his  illicit transactions  are concluded in Colombo the kickbacks are collected through a lawyer broker in Kurunegala.

Of course the Rajapakse  siblings ,  namely Namal and Yoshitha did not forget to introduce the group comprising Nihal Perera , Pitigala, Penni Fernando and Nimal Weerakody to Mahinda Rajapakse the chieftain of the crooks (Alibaba)  . After all ,like birds of a feather flock together the buddies of the same  feather are precariously  rocking together.

Currently , there is a group of lawyers who appear in the high courts whose primary aim is to ensure that  Gihan Kulatunge is precluded  from hearing the cases of Rajapakses  ,and  be replaced by  Money-lols .  Basil’s lawyer U. R. De Silva and  present president of the Bar Association who claims Basil is not a rogue , is also with the gang , based on reports

---------------------------
by     (2017-08-29 14:57:06)