Ranil At Bay: Wild Allegations Without Substantiation

By Rajiva Wijesinha –December 2 2017 

Prof. Rajiva Wijesinha

[Part 2 of this series was published on December 1, 2017]

(16) and (17)

My reply is as follows

I have combined the two questions because everyone knows how Mr Arjuna Mahendran went down to the auction floor and interfered. It is kind of you to phrase the question in terms of what is in Mr Mahendran’s briefing note, since no such thing exists and I am let off the hook about responding with regard to what he actually told me. So I cannot be caught out about my dodging the question as to his responsibility, which you will note my obliging lawyers, Pitipana and Co, supported by saying he was not responsible, ignoring what soon became common knowledge, that the officials in charge had minuted how he compelled them to make the recommendation he wanted.

And I can surely satisfy you saying that the available briefing note marked X 1, relates only to the procedure followed at the Auction held on 27th February 2015. 1 do recollect however that Mr Mahendran did in the course of conversations with me, refer to other attendant circumstances pertaining to the Auction held on 27th February 2015. In this context I have referred to these circumstances in the speech made by me in Parliament on 17 March 2015, to which reference has been made in Question Nos. 18, 19 and 20. The fact that I totally misled the house as to what happened is not something I will answer questions on, so you can decide as to whether I lied in saying that the claim that he interfered with the work of the Tender Board is not true, or whether he misled me and I rolled over and took it and never reprimanded him afterwards.

(18)

Question number 18 is as follows-

… you have said “I insisted on a public auction because private placements have led to corruption and lack of transparency. Previously, parcels of Government Bonds were handed out to selected individuals on a favoured basis … This led to an unhealthy link between some of the officers of the Central Bank’s Public Debt Department, Primary Dealers and large corporations who benefitted from such private placements. This practice only enriched a handful of cronies of the previous Government.”

What were the sources of information you relied on when you made those observations?”

My reply is as follows-

The Commission would no doubt appreciate that this relates to a statement made by me in Parliament which is vested with the control of Public Finance and if you go too far I will insist that I am answerable only to Parliament, which I have been compelled to say later in this affidavit when the questions were a bit difficult. I have already referred to the criticism that had been levelled against “Private Placements” and the reasons for the policy decision in favour of Public Auction and it is stupid of you to ask for my sources because obviously they are my friends in whom I have full confidence, and I will continue to have confidence whatever they do so long as they do not let me down. So let me only say that The unhealthy links referred to in question No. 18 were gathered by a group of MPs which included, Eran Wickramaratne, Dr. Harsha De Silva, Sujeewa Senasinghe and several others, and also from comments made by other Parliamentarians and News Paper Reports which I cannot actually remember now since I do not need reasons or evidence for my decisions.

(19) and (20)

… you have also stated that, on 27th February 2015, Mr Mahendran advised the Public Debt Department, in the presence of two Deputy Governors [i.e. Dr Weerasinghe and Mr Silva] that, Bids up to Rs. 10 billion should be accepted. You have then gone on to say that, the allegation Mr Mahendran interfered in the decision of the Public Debt Department with regard to its recommendation on the amount of Bids to be accepted, was factually incorrect.

What were the sources of information you relied on when you made this statement?

My reply is as follows-

The statement made by me in Parliament on 17th March 2015 was based on information relating to attendant events pertaining to the said auction provided by Mr Mahendran and Mr Samarasiri -Deputy Governor of the CBSL and Chairman of the Tender Board and in the course of conversations with me and I see nothing wrong in my relying on Mr Mahendran to provide me with the basis for saying that he did nothing wrong. After all Mr Samarasiri in the briefing note I could not remember seems to have corroborated the position I took up in Parliament, and I will stand by it to the extent of saying that I saw no reason to disbelieve Mr Mahendran and I have the fullest confidence in him now even though it seems he cut corners.

And I tried to stop further inquiry into the matter by claiming that the Pitipana Committee appointed by me was required to inquire into the matter impartially and I undertook to table their Report in Parliament on receipt of same which I did though some time after I received it since I was a bit nervous since they did not say nothing was wrong as I had hoped, and totally failed to throw the blame on Cabraal which I had thought they understood was why I provided such irrelevant terms of reference given what Mahendran and Aloysius had done.

(21)

Question number 21 is as follows-

“The Report of the “Three Person Committee” chaired by Mr Gamini Pitipana, Attorney-at-Law inter alia states, with regard to the Treasury Bond Auction held on 27th February 2015, “The Committee at this stage can only make an observation that the bidding pattern of Perpetual Treasuries and securing nearly 50% of the accepted bids as unusual.” The Committee goes on to observe that “… a full-scale investigation by a proper Government Authority is warranted.”…

Are you aware of any action taken by the CBSL and/or by the Ministry of National Policies and Economic Affairs, with regard to the aforesaid observations and recommendations?

My reply is as follows-

At that time, you do not mention a time but I need again to assert that I was transparent and honest on March 17^th when I misled the House, the Pitipana Committee of inquiry had not submitted its Report. I apprised Parliament that the Report of the Committee was awaited and that upon receipt it will be placed before Parliament to enable Parliament to take such action as it deemed appropriate. Subsequently, the Pitipana Report was tabled by me in Parliament and a debate ensued in Parliament. Actually this was not the case because we did not want a debate, and we managed to persuade the Speaker to hand it over to COPE. I told Rosie and Sujeewa to stall the investigation but a report was prepared, and since its findings were damning I used everyone I could to pressurize the President into dissolving Parliament. But the matter would not die down, so it was handed over to the new COPE, though in fact there was a long delay before Sunil Handunetti could commence his investigations.

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Rajapaksa bond scams were like pyramid scams: PM

 2017-12-02

If the Central Bank bond issue and the disclosures of names at the Presidential Commission of Inquiry, had seriously damaged the image of the United National Party, Prime Minister Ranil Wickremesinghe’s widely publicized statement in parliament on Thursday went a long way towards clarifying the situation.   

The Prime Minister said treasury bond issuances from 2008 to 2014 would be investigated at the conclusion of the on-going probe by the presidential commission. He said the method followed in the treasury bond issuances till 2015 was like a pyramid scam. 

The pyramid scheme - a fraudulent scheme in which people are recruited to make payments to the person who recruited them while expecting to receive payments from the persons they recruit. When the number of new recruits fails to sustain the hierarchical payment structure the scheme collapses with most of the participants losing the money they put in.   

According to the web site Pyramid Scheme Alert, in recent decades, pyramid schemes have become an insidious, pervasive and corrupting influence in the marketplace and community, causing financial and social harm on a global scale.   

The Internet has become a new vehicle which has facilitated the rapid spread of pyramid schemes. The stock market boom of the 1990s and the emergence of a still undefined “new economy” have given further rise to pyramid schemes masquerading as speculative stock or equity investment programmes.   

Tabling a report obtained from the Central Bank on Treasury Bonds issuances from 2008-2014, the Prime Minister said the overwhelming majority of Bonds had been issued on direct private placements and that the process seriously lacked transparency. Mr. Wickremesinghe said that from 2008 to 2014, Rs.5,147 billion worth of Bonds had been issued and out of that, Rs. 4,702 billion had been direct private placements.  He pointed out that the total value of Bonds issued from the public auction method introduced by the new government stood at only Rs. 435.5 billion. The Prime Minister said that from 2008 to 2014 Bonds had been issued to a few selected primary dealers at arbitrarily decided interest rates without the approval of the Central Bank’s monetary board. The direct private placement method had been heavily misused. That is why the new government in 2015 decided to shift to public auctioning, with the intention of replacing the corrupt system with a transparent and effective process. He said the government had obtained expert advice from the United States to streamline the auctioning system.   

The Prime Minister charged that the former Rajapaksa regime had no Monetary Board approval to raise money through direct private placements, as it flagrantly did. He said that when the new government inquired in March 2015, it was stated that the Monetary Board decision was to raise money through captive sources to meet the short term financial requirements of the Government. For example, the Monetary Board had recommended issuing Bonds from sources such as the Employees’ Provident Fund (EPF), the Empolyees’ Trust Fund (ETF) and the National Savings Bank.   

The Prime Minister, pledging to investigate the massive scam behind the bonds issuances from 2008-2014, said it could be termed the largest pyramid scam. He said the large scale scams in the Stock Market during the same period would also be investigated. He requested the Public Finance Committee to probe the loans obtained and bonds issued without the knowledge of Parliament.   

The Premier said the government since 2015, had only raised Rs.157.5 billion through direct private placements at four occasions. He said he had obtained a report from the Central Bank on the total amount of money the Government has to pay from 2017- 2045 for treasury bonds and their interest.

The bank said the government would have to pay Rs. 4,154 billion for Treasury Bonds till 2045 and Rs. 3,086 billion as interest. The government would have to raise more money through bonds in the future. Therefore the figures would further rise. Whatever the amount the Prime Minister said the government would carry forward the Vision 2025 economic development strategy to build a peaceful, just and all inclusive society.     

DEPRESSION AFFECTS OVER 61,000

430 houses destroyed | Over 3000 in welfare camps | Over 34,000 affected in Western Province | Landslide warnings in four districts | Over 40 GN divisions in Moratuwa affected | Fishermen warned | Upcountry train services limited to Nanu Oya

Nilwala, Kalu and Gin river waters rising | Financial assistance provided for over 1,300 families in Moratuwa | Many areas in Hambantota district inundated

Strong winds that blew across the country damaged houses and properties in many parts of the island. Here, motorists trying to negotiate the floodwaters at Dangedara. Picture by T.D. Siriwardena, our Kalutara Roving Corr.

Dharma Sri Abeyratne-Saturday, December 2, 2017

The heavy downpour and strong winds experienced in a few provinces during the last two days caused 11 deaths, while forcing over 3000 people to stay in welfare camps.

According to Disaster Management Ministry sources, five persons have gone missing while, more than 30 persons have been injured. Around 61,125 people in 11 districts of the country have been affected.

Four hundred and thirty houses have been destroyed, while another 11,597 houses were partly damaged due to bad weather conditions.

Of the affected people, 3,270 persons of 901 families, have been housed at 28 welfare camps.

Besides, 82 small and medium scale industries have also been affected.

Over 34,000 people in the Western Province were affected due to the bad weather situation in the country and more damage to houses and infrastructure facilities were reported from Colombo and Kalutara districts. Accordingly, 34,336 people of 8,765 families in the Western Province have been affected.

Northern, North-central, Uva, Southern, Western, Sabaragamuwa and the Central Provinces have been severely affected by strong winds and showers.

Meanwhile, the National Building Research Organization (NBRO) has extended the landslide warning for four districts as Badulla, Ratnapura, Galle, Matara.

The Meteorological Department requests the public to remain vigilant as heavy rains and strong winds are to be experienced over the next few days. It is expected the central hills would also experience heavy rains or thundershowers.

“Showers or thundershowers are expected over most parts of the island during the next 24 hours even though the depression, which caused the bad weather is moving away the country,” Meteorological Department sources said.

Fishermen are further advised to refrain from going out to sea until further notice.

Sri Lanka Railway Department souces yesterday announced that train services on the upcountry line have been Over 40 GN divisons in the Moratuwa until further notice, as landslides have occurred along the railway track between Bandarawela and Ohiya.

Disaster Management Officers yesterday requested people living on the banks of the Nilwala, Kalu and Gin rivers to be vigilant as water levels were on the rise.

The people living in the low lying areas including Akuressa, Athuraliya, Matara and Thihagoda were informed to be vigilant of a possible flood situation.

DMC sources said that water level in the Benthara, and Madu Rivers are also rising.

Meanwhile, families in the Kadawath Sathara Divisional Secretariat Division whose houses were damaged by gale force winds were granted financial assistance of Rs.10,000 each yesterday under the patronage of Home Affairs Minister Wajira Abeywardena.

The families of three fishermen in the Galle district who died in the disaster situation received financial assistance of Rs.100,000 from the respective Divisional Secretaries. These families will also receive full amount of their insurance.

Around 45 families living on the hill slopes in Haldummulla and Idalgasinna were removed by Police as they refused to leave their houses despite repeated warnings issued by National Buiding and Research Organization.

Colombo District Disaster Management Officers yesterday granted financial assistance to 1,301 families in Moratuwa whose houses were damaged due to strong winds that blew across the area.

These families will receive this grant through the respective Grama Niladharis and this process is closely monitored by the Moratuwa Divisional Secretary.

Over 40 GN divisons in the Moratuwa DS divisions with the Koralawella,Egoda Uyana areas the worst affected.

Many areas in the Hambantota district have been inundated with the overflowing of Kirama and Kongal canals.

Traffic flow on the Beliatta–Walasmulla road came to a standstill as several parts of the road were flooded yesterday.

DMC sources said that power break downs were reported from many areas and CEB regional office sources said that it would take another two days for the power supply to be restored.

---

Depression develops in to cyclone

Moving away from Sri Lanka

Meteorological Department sources yesterday said that the deep depression had developed into a cyclone and is moving away from Sri Lanka. However, heavy rains,thundershowers with strong winds will continue for the next two days.

Department officials said Cyclone Ockhi in the Arabian Sea is now located at about 650 km to the west of Colombo and moving further away from the island.

Heavy falls above 100 mm can be expected at some places in the Northern, Eastern, Uva, Southern, Western Sabaragamuwa and Central provinces.

Fairly strong gusty winds up to 50 kmph can be expected in the Western,Southern,Sabaragamuwa and Central provinces.

There may be temporary localised strong winds during thundershowers. 

AIDS victims; they have a fundamental right to good health

2017-12-01 

Today is World AIDS Day and the UNAIDS Executive Director Michel Sidibé in a statement says the UN is highlighting the importance of the right to health and the challenges that people living with and affected by HIV face in fulfilling that right.   

The right to health is a fundamental human right. Everybody has the right to the enjoyment of the highest attainable standard of physical and mental health, as enshrined in the International Covenant on Economic, Social and Cultural Rights. 

The world will not achieve the Sustainable Development Goals, which include the target of ending AIDS by 2030, without people attaining their right to health. The right to health is interrelated with a range of other rights, including the rights to sanitation, food, decent housing, healthy working conditions and a clean environment, Ms. Sidibé says. 

The right to health means many different things: That no one person has a greater right to healthcare than anyone else; that there is adequate healthcare infrastructure; that healthcare services are respectful and non-discriminatory and that healthcare must be medically appropriate and of good quality. But the right to health is more than that—by attaining the right to health, people’s dreams and promises can be fulfilled, she says. 

 
On every World AIDS Day, we look back to remember our family members and friends who have died from AIDS-related illnesses and recommit our solidarity with all who are living with or affected by HIV.  

This year has seen significant steps on the way to meeting the 90–90–90 treatment targets towards ending AIDS by 2030. Nearly 21 million people living with HIV are now on treatment and new HIV infections and AIDS-related deaths are declining in many parts of the world. But we should not be complacent. In eastern Europe and central Asia, new HIV infections have risen by 60% since 2010 and AIDS-related deaths by 27%. Western and central Africa are still being left behind. Two out of three people are not accessing treatment. We cannot have a two-speed approach to ending AIDS. For all the successes, AIDS is not yet over. But by ensuring that everyone, everywhere accesses the right to health, it can be.  

UNAIDS says that last year 36.7 million people were living with HIV, in July this year 20.9 million people were living with HIV on antiretroviral therapy and 1.8 million people were newly affected by HIV last year.   

In an article published in our Health Capsule section today, the National AIDS Control Programme Director, Dr. Sisira Liyanage says Sri Lanka is a low prevalence country for HIV and AIDS but we have an equal responsibility as other countries. Dr. Liyanage says the low prevalence should be brought to elimination. Sri Lanka’s HIV/AIDS rate is 0.1%. He said that there were plans to test about two million people to diagnose if they are suffering from the disease. The antiretroviral treatment is given free of charge by the Government. 

 
Dr. Liyanage says that since unsafe sex is the main risk factor leading to HIV, it is important to raise sufficient awareness among vulnerable groups about the need to practise safe sex. He says the National AIDS Control Programme is promoting various health education programmes and distributing leaflets. The Unit also distributes condoms free of charge and encourages people to visit the clinic to get themselves tested for HIV. The Unit does this with the help of non governmental organizations and the community. In the event, a person is tested HIV positive the Unit gives him or her the necessary treatment to help control the disease. These are important preventive measures that need to be carried out within the community, Dr. Liyanage says and we hope the community will respond positively, rising beyond the old practice of marginalizing or isolating HIV/AIDS victims.   

LAW OF CRIMINAL PROCEDURE Part XIX Joinder of Charges IX

By Chandra Tilake Edirisuriya-2017-12-01

The Court observed: "The problem is as to when the Trial Judge may 'think fit' to order a separation. Must that discretion be exercised before the accused is given in charge of the jury, or may it be used at any subsequent stage? The Section is silent on that point. Four of us are of opinion that there is no warrant for restricting the scope of the Section. Nor do we think that a duty is cast upon the Trial Judge, before the prisoners are called upon to plead, to hold a kind of preliminary inquiry in every case to decide whether a joint trial should take place or separation should be ordered. We agree that, once a Trial Judge has exercised his discretion and ordered a separation of trials, he cannot at a subsequent stage order such prisoners to be charged jointly, but the majority of us are of opinion that there is nothing in the language of the Section that prevents a Trial Judge from exercising the discretion vested in him to order a separation of trials for an adequate reason after the trial has begun".

In regard to element (5) it was held in Arthur Perera (1956) 57 NLR 313 per Basnayake CJ that where several persons concerned in committing an offence are charged together, the question whether a separate trial should be ordered or not is a matter entirely at the discretion of the Trial Judge. Once that discretion has been judicially exercised, a Court of Appeal will not interfere, except when it appears to it that a miscarriage of justice has resulted from the accused persons being tried together.
Moreover, in considering the question of separation of trials, it is wrong to look at the matter exclusively from the point of view of the accused. The interests of justice demand that the prosecution should not be unduly hampered in the presentation of its case.

In regard to element (6) it was held in Abeyekoon v Don Philip (1909) 2 Leader 174, that the joinder of accused persons has been permitted in cases involving unlawful gaming.

However, in John Silva v Lewis (1909) 3 Weerakoon's Rep 53, where four persons were charged with, and tried together for, an offence, in that each of them drove his cart after dark and before daylight on the public road without lanterns, it was held that the accused persons could not be jointly charged. See also Collette v Podda (1905) Lem 81.

Trying accused and abettor

There is no irregularity in trying the accused and the abettor together as decided in Ahamadoe v Veerakutty (1909) 2 Leader 1493; cf. Murugappa v Kanapathy (1899) 1 Tamb 22.
However, in Cooray (1950) 51 NLR 433 it was held per Gratiaen J that in regard to abetment, by facilitation, of the offence of criminal breach of trust, the liability of the alleged abettor to be tried jointly with the principal offender is subject to his right to claim that not more than three charges of the same kind may be laid against him in the course of a single trial.

In regard to element (7) can the members of two opposing factions charged with affray be tried together? The early cases Velaiden v Soysa (1912) 14 NLR 140; Wickremesurya v Don Lewis 1 CWR 192; Keegal v Mohideen 5 CWR 162; and Police Officer v Dineshamy (1919) 21 NLR 127 support the view that, where persons before the Court are members of the opposite factions involved in a disturbance, they ought not to be tried together but tried separately.

In a later case Abeyewardene v Fernando (1925) 27 NLR 97, Bertram CJ while following these authorities with reluctance added:

"It seems to me that, in cases of this sort, where there is mutual assault or affray in a public place or any sort of disturbance between various persons, it would often be most convenient and reasonable to bring them together before the Court, have all the circumstances investigated, and have the several accused dealt with according to their responsibility".

The doubts expressed on this point by Bertram CJ have been confirmed by the decisions in Hewavitarne v Appuhamy (1929) 30 NLR 97 at p 35, per Fisher CJ; Weerasinghe v Mohamadu Ismail (1932) 33 NLR 245 at p 248 per Macdonell CJ which represent a reversal of the trend reflected in earlier authorities. The view that members of opposing factions charged with affray can be tried together is now established by a cursus curiae.

In terms of the decision in Deputy Fiscal, Matara v Don Carolis (1931) 33 NLR 162, per Drieberg J this result is defensible on the footing of a principle of contemporaneous action adopted by several accused in the same transaction.

With regard to offence proved included in offence charged the applicable provision in the Code is:
(i) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence and such combination is proved but the remaining particulars are not proved, he may be convicted of the minor offences though he was not charged with such offence.

Criminal breach of trust

In Wickremesighe v Obeysekere (1935) 37 NLR 327, the accused was charged under Sections 328 and 329 of the Penal Code with causing hurt by doing one or more of the following acts rashly and negligently, namely (a) by driving a motor car so as to cross or commence to cross a highway and obstruct another car; or (b) by driving a motor car, having failed to take such action as may be necessary to avoid an accident. Macdonell CJ held that the accused could be lawfully convicted of the corresponding minor offences created by the Motor Car Ordinance.

According to the decision in Cooray (1952) 59 NLR 409 at p 415 (PC) a person who is charged under Section 392 of the Penal Code with criminal breach of trust as an agent can be found guilty of criminal breach of trust simpliciter under Section 389 although he is not charged with the latter offence.

However, in Mendis (1937) 39 NLR 182 per Abrahams CJ, it was held that a conviction of causing hurt can be substituted in appeal for one of rioting, as causing hurt is not a "minor offence in relation to rioting", within the meaning of the relevant provision of law.

In Attorney General v Karunaratne (1960) 63 NLR 296 it was held per T.S. Fernando J that if a Magistrate acquits the accused of the major offence without exercising the discretionary power vested in him to convict the accused of the minor offence, the Attorney General is not entitled to appeal against the order of acquittal, but the Supreme Court may, in such a case, exercise its revisionary jurisdiction.

(ii) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he was not charged with it.
Thus, a person charged with murder may be convicted of culpable homicide not amounting to murder, says Prof Peiris.

(iii) Anything in this Section shall not be deemed to authorize a conviction for any offence referred to in Section 135 when a complaint has not been made as required by that Section.

It was held in Periyasamy (1957) 58 NLR 433 per Basnayake CJ that in accordance with Section 179 of the Code of Criminal Procedure Act No. 15 of 1979, on conviction of an attempt to commit an offence though attempt is not separately charged, that when a person is charged with an offence and it is proved that he attempted to commit that offence and that in such attempt he did an act towards the commission of that offence he may be convicted of an attempt to commit that offence although he was not charged with such attempt: Provided that anything in that Section shall into be deemed to authorize the conviction of any person for an attempt to commit an offence unless an attempt to commit that offence is made punishable by any written law for the time being in force in Sri Lanka, a person charged with murder can, if the evidence warrants it, be convicted of attempt to commit murder or attempt to commit culpable homicide not amounting to murder, although he was not charged with these offences.

In relation to Section 181, (1) when more charges than one are made against the same person and when a conviction has been had on one or more of them the officer conducting the prosecution may with the consent of the Court withdraw the remaining charge or charges or the Court of its own accord may stay the inquiry into or trial of such charge or charges. (2) Such withdrawal shall have the effect of an acquittal on such charge or charges unless the conviction be set aside, in which case, the said Court (subject to the Order of the Court setting aside the conviction) may proceed with the inquiry into or trial of the charge or charges so withdrawn.

In the case of de Silva (1940) 41 NLR 483, where the accused persons were charged (a) with being members of an unlawful assembly, the common object of which was to cause serious bodily injury to X; (b) that, being members of an unlawful assembly, they did, in the prosecution of their common object commit murder by causing the death of X; and (c) that they, acting in furtherance of a common intention, did commit murder by causing the death of X. The jury convicted the accused of counts (a) and (b) whereupon Crown Counsel withdrew count (c). The Court of Criminal Appeal was of the view that there was not sufficient evidence to establish that the accused formed an unlawful assembly or that they acted in furtherance of a common intention to cause the death of X. Howard CJ held, however, that it was open to the Court of Criminal Appeal to substitute a verdict under count (c) or for any lesser offence established by the evidence.

Govt. on firm ground, but needs to grow up

Friday, 1 December 2017 

There was heavy speculation in some quarters following the President’s statement in Nikaweratiya last week that rocked the political and diplomatic circles and also DBS Jeyaraj writing in an article indicating that President had wanted Ranil Wickremesinghe to step down as PM before testifying at the Bond Commission, which both leaders denied. But for many people sitting on the sidelines this signalled that his honeymoon with Prime Minister Ranil Wickremesinghe’s administration was running low and he would not hesitate to take full control of the administration, including taking the Law and Order Ministry under his wing, leading to a breakup.

President Maithripala Sirisena in Nikaweratiya had issued a stern warning to unnamed politicians who had attacked him in recent times, stating that they could very well find themselves covered in so much dirt that even seven trips to the laundry might not be enough to get themselves cleaned up.

However, President Sirisena’s unexpected grouse seems to have provoked many in the UNP. Because Sirisena had never mentioned anything of the sort when he met with the UNP MPs in Parliament. Some of them had requested an immediate appointment with the President to address some these issues.

President Sirisena

What these backbenchers must understand is that Maithripala Sirisena did his job. His job was to leave his Party as the General Secretary bidding adieu to a 40-year political life in the Sri Lanka Freedom Party and challenge the most powerful Executive President the country has ever had. That decision was a momentous one. It was a daring move only either the most foolish or the most brave would have taken.

He won the presidential elections for the Opposition, which even a war hero like General Fonseka could not do. What more do we want from him? Had he lost the election he would have been seen as a traitor to the cause of the common man and thrown in jail. Maithri’s decisive move, which is rarely embarked on by Sri Lankan politicians, especially those in power, worked. Had he remained in the SLFP as the General Secretary he would have anyway continued as a powerful minister in the Rajapaksa regime, had Rajapaksa won.

UNP

On the other hand, the gentlemanly Ranil Wickremesinghe and the UNP made a huge sacrifice in conceding the nomination to Maithripala Sirisena. It was the UNP, Tamils, and Muslims who placed Sirisena in the seat of power. So it would be best for the progress of the current administration for the second and third-tier leaders of the two parties to focus on delivering and to leave the politics to the two leaders – Ranil and Maithri – who have a good understanding of how the Government must and should be managed, if not the Rajapaksa forces making headway is inevitable.

The hands of the two leaders must therefore be strengthened by both parties and it must be done now, not tomorrow or the day after. Also those who delivered the election victory to Maithripala Sirisena like former President Kumaratunga, Health Minister Dr. Senaratne and Ven. Rathana Thero and others cannot be discarded. That was the treatment that was often meted out to the loyalists in the past.

The strength of the current Government is the strength of the UNP and 35% of the SLFP, no more, no less. Criticism of either party by any, whatever layer he or she comes from, must stop now.

Conflict

Many people who believe in social media were quick to jump into the debate and say the marriage between the SLFP and the UNP had hit the rocks. This speculation was further strengthened because the President had said he had been silent for too long, but had now decided to speak out and take corrective action. However, despite Sirisena’s statements, the relationship with Prime Minister Ranil Wickremesinghe as well as the union between the two parties remains strong.

The President has the same views as the majority of Sri Lankans. “He shares the disappointment of the people. He is fed up of waiting for investigations into the big deals to be concluded. For example: Why has the Bribery Commission failed to investigate the Dubai bank accounts held by the Rajapaksas even after the current Finance Minister saying that $ 18 billion was stashed away overseas? What has happened to the MiG investigation? Why are these investigations still dragging along one-and-a-half years later?” while the bond investigation was concluded at lightning speed.

The Government has many times promised the public that all the corrupt deals would be investigated fully and those guilty would be brought to book. Therefore, unless the investigations are politically motivated, the public officials involved must be given the freedom to do their job without fear. The public also at the same time want the Government to run investigations against those officials who are also facing corruption allegations.

They also want all the problematic transactions on the Stock Exchange and financial markets that took place during the Rajapaksa period to be investigated fully and made public. Also, the public want a proper justification to be given for the payment of $ 115 million to cancel Airbus planes ordered by the previous regime.

Need for action

There is no doubt that both the President and Prime Minister want the Unity Government to run its full term till 2020 and they hope to work together even at grassroots after the local government election. The President also has no power to dissolve Parliament for four years. Therefore those waiting on the sidelines waiting for the Government to fall would do justice to the taxpayer if they either fade away or buckle up fast and focus on what they have to deliver to the public.

On the other hand, President Sirisena’s outburst should not be taken very lightly. Because, the President is a very patient and a simple man. A person who still has the humility to serve a cup of tea for a visitor at his home. Therefore it is a clear signal that he is keen to build his own base and that he wants to play a bigger role to deliver on the promises he made without allowing a few people to take decisions according to a different timetable and to keep him in the dark.

There was certainly so much of hope among the new voters that there was finally a way out of the mess and that men and women of integrity with no baggage or charges would be brought into the administration to deliver the promised Yahapalanaya. Sadly however to the die-hard supporters of Yahapalanaya these are days of fading hope and overwhelming despair and the disenchanted have given up and many of them are openly venting their frustration on social media.

Therefore, the time is right for President Sirisena and Prime Minister Ranil Wickremesinghe to re-examine their mandate and do what it takes to deliver the promised political reform; if they don’t do that, they will only have themselves to blame, if the forces of the 8 January struggle align against them.

History certainly repeats itself for those who do not bother to learn from the past. However, for a happy ending of the current unity administration and for its continuation post 2020, a clear time table and a firm understanding between the UNP and the SLFP (Sirisena-CBK) is a must.
(The writer is a thought leader.)

Old headaches for new reconciliation deal

With Rafah crossing remaining closed, a new Palestinian reconciliation agreement has failed a first key step.

Yasser QudihAPA images

Omar Karmi -1 December 2017

It hasn’t taken long for old obstacles blocking reconciliation between Hamas and Fatah to become the same old obstacles blocking reconciliation.

Friday, 1 December, should have marked the date of the handover of administrative control in Gaza from Hamas to the West Bank-based Palestinian Authority. But in a terse joint statement on Wednesday, Hamas and Fatah said they had agreed to delay the handover until 10 December.

This came after angry civil servants hired by Hamas to oversee the administration of the Gaza Strip on Tuesday confronted employees of the West Bank Palestinian Authority under Mahmoud Abbas as they tried to reassume their old jobs after 10 years. The latter had been ordered to take up their previous posts from Ramallah, which is keen to be seen to have taken back control of Gaza.

But this came without agreement with Hamas and without resolution as to what to do with the people – somewhere between 40,000 and 50,000 – who had been employed in the intervening decade.

The fate of all these civil servants has become a major stumbling block in reconciliation negotiations between the two factions. And while a breakthrough seemed to have been reached in October, the devil, as ever, has been in poorly worked out details.

But this is not the only indication that a much hoped for unity agreement is looking ever unlikelier.

Much talk, little action

It is now well over a month since a preliminary reconciliation agreement between the two estranged Palestinian factions was signed in Cairo to great fanfare. Since then, what little has happened has primarily been from one side, Hamas, and what hasn’t happened has far greater significance.

What has happened is this: Hamas has disbanded the administrative committee it set up in the spring to govern Gaza. Hamas has withdrawn its people from Gaza’s crossings to allow West Bank Palestinian Authority officials to take over. Hamas is well on the way to creating a buffer zone with Egypt to stop people smuggling themselves in and out of the Sinai in response to Egyptian pressure. And, finally, Hamas has arrested suspected Salafi militants mostly at the behest of Cairo.

What hasn’t happened is this: Abbas has not lifted the sanctions on Gaza that he imposed in April in response to the advent of Hamas’ administrative committee. These sanctions mean the PA is not paying Israel for electricity or fuel for Gaza’s only power plant. On average, Palestinians in Gaza enjoy only some four hours of electricity a day. They mean a cut of up to a third of the salaries of the above mentioned civil servants, an important source of revenue in the impoverished Gaza Strip. And they mean funding for medicines and health care for Gaza remains slashed.

Hamas has meanwhile not disarmed and is not going to. This in spite of Israeli demands that Hamas’ military wing, the Qassam Brigades, disband before it will negotiate with any unified Palestinian polity, a demand with which Abbas is apparently acquiescent.

What really matters

What also hasn’t happened is any change in the policy at the Rafah crossing to Egypt. Since the preliminary agreement was signed on 12 October, in fact, the Rafah crossing has been open a grand total of just three days.

And this is the most pressing priority of all. Two million people in Gaza are on the brink of a humanitarian disaster. All the major indicators – crumbling infrastructure, from sewage to health to housing, soaring poverty and unemployment rates, overcrowding and enforced economic and physical isolation – suggest that it won’t be long before Gaza is over that brink, indeed that it is a miracle it isn’t already.

The great promise of reconciliation is that it will bring about an opening to the outside world that will ease this miserable picture, allow people to travel to seek medical treatment, job opportunities, education or, indeed, just to get out, and to bring in much needed materials to rebuild the battered strip.

The money, in theory, is there.

Over to Cairo

Opening Rafah is a decision that can only be made in Cairo. Egypt has played the leading mediating role between Fatah and Hamas and will be loath to see negotiations fail at this stage. But Cairo also has its own interests, primarily in coming to grips with what has become a full-blown and deadly Sinai insurgency. It has asked for, and received, Hamas’ help in this. But Cairo also knows that to count on continued cooperation, there is only one thing Hamas wants: an open crossing.

Cairo has tried to give itself international cover with the unity agreement. PA control of Gaza’s crossings would ensure that Israel, which is intent on bringing Hamas to its knees whatever the human cost, has less of a case to bring to international players.

But if Abbas proves unwilling or unable to proceed with a realistic unity agreement, there is a fallback option, the agreement Hamas struck with Abbas’ main Fatah leadership rival Muhammad Dahlan that also promised an opening of Rafah.

That agreement was also mediated by Egypt and waits in the wings where Dahlan is biding his time. The last thing Abbas wants is to see a rival he thought he had gotten rid off last year, return through the backdoor and as the savior of Gaza to boot.

Egypt too would prefer to have Abbas on board, if only for the cover he provides. But Egyptian President Abdulfattah al-Sisi has proven willing to go his own way before. Cairo can go down the Dahlan route if necessary.

And it is beginning to look necessary. The less likely it looks that Rafah will be properly opened, the less an incentive Hamas has to play ball. With anyone. And Cairo is unlikely, after all this effort, to want to go back to square one in its relations with Gaza.

Netanyahu probe: Family 'demanded' gifts Australian tycoon told police

James Packer tells Australian police that Israeli prime minister's family demanded gifts including tickets for Mariah Carey concert

Australian billionaire James Packer (L) and the Israeli Prime Minister Benjamin Netanyahu (Reuters)

Friday 1 December 2017

Benjamin Netanyahu's family demanded gifts from Australian tycoon James Packer including tickets for a Mariah Carey concert, Packer told Australian police interviewing him as part of a corruption investigation into the Israeli prime minister, according to reports on Friday.

Packer was interviewed by Australian Federal Police on behalf of Israeli authorities as part of an investigation into allegations that Netanyahu helped businessmen in exchange for favours and gifts worth up to $100,000.

Gifts bestowed by Packer on the family included a luxury New York hotel stay for Netanyahu's son, and 10 tickets for his wife Sarah for a concert by Packer's former fiancee Mariah Carey, the casino resort owner told police, Israel's Yediot Ahronot news website reported.

Leaked details of the testimonies by Packer and others involved in the case have emerged in Israeli media in recent days.

The investigators are reportedly looking into whether Netanyahu tried to help Packer gain residency in Israel and whether he split the costs of gifts for Netanyahu with his business partner and movie mogul Arnon Milchan who has already been interviewed.

Read more ►

Netanyahu probe: Australian billionaire questioned as police pick up pace

Yediot Ahronot reported that Packer had agreed to testify on condition that his testimony was not used against him and said that he had not asked for anything in return for the gifts.

But Packer also affirmed that the gifts had been a "demand" by Netanyahu and his family and said that such behaviour was not common among friends.

Packer confirmed to police details already revealed in testimony by Milchan, an Oscar-nominated Hollywood producer, who had told police: "It's not exactly gifts, it's a demand, and gifts are not demanding."

Packer provided tickets for a Mariah Carey concert to Sarah Netanyahu (AFP)

Hadas Klein, Milchan's personal assistant, also coordinated between Packer and Netanyahu's family, he said.

"She coordinated what is needed and what is missing and I approved it. That's how it worked," said Packer, affirming that he did not ask for anything in return.

Packer's testimony comes with Israeli police racing against time to finish their investigation - known as Case 1000 - ahead of a bill now being fast-tracked through the Knesset which would drastically alter the way they operate.

They are reportedly increasing the pace of their work to complete the probe within the next two weeks and submit their findings before the Recommendations Law comes into effect.

Read more ►

Netanyahu’s anti-democratic wager

The Recommendations Law, If passed, would make it illegal for police to make recommendations to the attorney general regarding whether indictments should be filed against public figures, including Netanyahu.

The bill also includes a one-year prison sentence for investigators who leak their findings to outside sources.

Critics in Israel have condemned the proposed law as a move from "democratic rule to monarchical rule".

Netanyahu has consistently denied any wrongdoing, and says he has been the target of a campaign by political opponents.

"it is an attempt to revive a story that has nothing but false and illegal leaks. The public has grown tired of this organised media campaign aimed at toppling Prime Minister Netanyahu and replacing his government. We repeat: there will be nothing because there is nothing," Netanyahu said in a statement on Thursday.

Sara Netanyahu has also previously denied demanding expensive gifts given to her by Milchan.

Islam’s liberative spirit lost in fanaticism

2017-12-01

Last Friday’s mosque massacre in Egypt’s Sinai Peninsula is yet another tragedy that has brought to the surface the crisis within Islam. The crisis is rooted in not only ideological differences among Muslims, but also on socio-economic backwardness. The solution is found not anywhere but within Islam itself.

The Rawda mosque, roughly 40 kilometres west of the North Sinai capital of El-Arish. Armed attackers killed at least 309 worshippers in a bomb and gun assault on the packed mosque in the restive North Sinai province. AFP

Following the attack, Egyptian President Abdel Fattah al-Sisi ordered his military command to use all force necessary to secure the Sinai Peninsula within the next three months. But analysts believe that the failure of successive Egyptian governments to address the socio-economic issues of the people in the Sinai Peninsula has enabled extremists groups to set up a base in the region. Economic deprivation produces communities without much education or enlightenment and this condition, in turn, enables terror masters to recruit depressed youths living in a state of hopelessness.

More than 300 Muslims were killed by Muslims in the packed al-Rawda mosque in Sinai last Friday because the killers abhorred the type of Islam their victims were professing. The victims were followers of Sufism. The so-called puritans allege that Sufism has degenerated into a form of polytheism with the followers becoming saint worshippers and adopting practices which have not been mentioned in the Quran or in the authentic sayings of the prophet. But Sufi followers say Sufis are intermediaries and they do not raise them to the status of God. Puritans such as Salafis and Wahhabis strongly refute the explanation. 

The Sinai massacre was not the first of such attacks. Neither will it be the last as long as the Muslims ignore the liberative spirit of Islam and its rationalistic roots. In February this year, an Islamic State (IS) suicide bomber blew himself up, killing more than 90 people at a Sufi shrine in Pakistan’s Sindh Province. In October this year, 18 people were killed in another suicide blast at a Sufi shrine in Pakistan’s Balochistan province. In Iraq, too, attacks on Sufi and Shiite shrines are a regular occurrence. 

Extremism presents a distorted picture of Islam without its liberative spirit. Adding to this sad state of affairs is the recent protest in Pakistan over a minor change in the oaths of MPs. The protesters were angry that the words ‘I solemnly swear’ had been changed into ‘I believe’ in the MPs’ oath where they declare that the Prophet Muhammad was the last of the prophets, a declaration that shuts out Ahmadi or Qadiyani minorities from the democratic process. To appease the protesters, the law minister resigned and the government restored the old oath. The overreaction, however, goes counter to the liberative spirit of Islam. 

Also adding to this crisis is the opposition in Sri Lanka to Muslim personal law reforms.  The spirit of Islam aims to empower women, not to imprison them in harems or in head-to-toe jilbabs. Islam recognises the women’s rightful role in society, as community leaders and judges. Last week, in an interview to New York Times, Muhammad bin Salman, the reform-minded crown prince of Saudi Arabia, said, “At the time of the Prophet Muhammad, there were musical theaters, there was mixing between men and women, there was respect for Christians and Jews in Arabia. The first commercial judge in Medina was a woman! So if the Prophet embraced all of this, do you mean the Prophet was not a Muslim?”

Yet the scholars, conveniently misinterpret a Quranic verse to equate a woman’s locus standi as a witness in a court of law to half that of a man. Verse 2:282 which they cite in support of their stand, refers to witnesses in trade transactions against the backdrop of the possibility of women being subjected to threats and intimidation by a party to the contract. But several other verses refer to witnesses without any gender identity. Of particular significance are the verses six to nine in the chapter titled ‘Light’ or An-Noor. The verses give equal weightage to the evidence of a man and a woman. But, most Islamic scholars, hell bent on upholding male chauvinism, conveniently ignore these verses to perpetuate the oppression of women. No wonder, some of them still advocate the much-derided triple Talaq – the instant divorce which has plunged many women into destitution.
The Quranic Chapter titled ‘al Mujadilah or the Pleading Woman’ outlaws Zihar, a barbaric practice which reduced a wife to a virtual slave of her husband with no right to remarry another person. The lesson to be learnt from this chapter is that God does not approve ‘any’ injustice to women. But many so-called scholars cannot see the wood for the trees, and by their opposition to reform the Muslim personal law, they advocate injustice which many Muslim women are forced to endure.

 
The Muslim holy book Quran entices humanity to engage in rational inquiry, to ponder and to meditate. But the action of some Muslims has made Islam a canker that needs to be rooted out.
The advent of Islam as preached by the Prophet Muhammad whose birth anniversary – according to some narrations, also his death anniversary – falls today is not to freeze the progress of humanity in the seventh century. Rather his mission with a progressive character was to liberate humanity from ignorance and barbarism, from blind faith in myths and superstition, and from slavery and oppression. But sadly, the liberative spirit within a strictly monotheistic order has long been lost in the tyranny of irrationalism. It is this distorted Islam that drives some misguided groups to kill anyone who does not subscribe to their version of Islam. The violence they perpetrate is nothing but a manifestation of their intellectual bankruptcy. Thick-skulled, they are incapable of understanding that the height of civilisation is reached when ideological conflicts are won or lost through dialogue and debate, not through killing and terrorism. 

Yet, violence is a valid currency in the Middle East where most people believe there is a Western plot to keep the Arabs and Muslims under perpetual subjugation, first through the colonialism project and then through other means such as the setting up of Israel and igniting sectarian violence and civil wars. 

Muhammad Iqbal, the philosopher behind the Pakistan idea, insisted through his poetry that Islam was just as rational as any Western system. But there are only a few takers. As a result, fanaticism prevails over rationalism which guided the Abbasid Caliphate from the 8th century to the 12th century to reach great heights in science and literature.