SLFP Ministers to boycott today’s Cabinet meeting

2018-04-10

The SLFP Central Committee met at President’s official residence in Colombo last night and all SLFP ministers decided to boycott today’s Cabinet meeting.

The decision was taken in protest against the UNP Ministers who were continuously insulting the SLFP ministers as well as the UNP demand for the SLFP MPs who voted in favour of the No-Confidence Motion against the Prime Minister to resign, a senior minister said.

Accordingly, as a courtesy, other SLFP Cabinet ministers will also boycott the today’s cabinet meeting with the 16 Cabinet Ministers who voted in favour of the no-confidence motion.

Minister Anura Priyadarshana Yapa had proposed during the meeting that the SLFP ministers should quit the government and the proposal was seconded by Minister S.B. Dissanayake. The majority were later of the view that they should quit the government. A full report compiled by 16-Cabinet ministers was also submitted at the CC meeting last night.

At that time, the President has said that without rushing into any decision, a collective decision should be taken as a party and expressed the importance of taking collective decisions by all 41 SLFP MPs.

The SLFP Central Committee is to meet next Wednesday and take a decision on whether they would quit the government or not. (Ajantha Kumara Agalakada)

Ranil – Will Opportunity Be Squandered Again?

By Amrit Muttukumaru –APRIL 10, 2018

Amrit Muttukumaru

From a realpolitik perspective although the defeat of the no confidence motion against Prime Minister Ranil Wickremesinghe is not electorally significant, it has the POTENTIAL to turn things around for the beleaguered UNP, its leader and the country if there is GENUINE course correction to implement what was promised in the run-up to the 8 January 2015 presidential election.

Whether due to strategy unleashed by the Mahinda Rajapaksa led Sri Lanka Podujana Peramuna (SLPP) or fortuitously, the upshot is that RW remaining as PM and UNP leader prima facie further weakens the UNP vote base and strengthens the electoral prospects of MR. This is particularly so if it is business as usual with mere cosmetic changes in the UNP.

It is nothing short of tragic that RW who has the capacity to stand tall in a largely sea of mediocrity and corruption in the present day politics of Sri Lanka has been a major disappointment by his several acts of omission and commission which has now projected him as presiding over an inept and corrupt Yahapalana government these past three years. It was mainly the RW led UNP together with Maithripala Sirisena who were the beacon of hope that led to the 8 January 2015 watershed event for course correction after the traumatic Rajapaksa led years.

The UNP without REAL reforms to re-capture its once formidable vote base will not have a snowball’s chance in hell to succeed in an electoral contest with a MR led formation if it is business as usual. It is CRUCIAL inter alia to give its members at the grassroots a real say in decision making. This does not appear to be even on the radar!

Compared to the material NOW available in the UNP, Ranil is still its best bet IF only he has the guts and wisdom to undertake within a specific time frame inter alia the following:   

1) Forthwith commence implementing credible time bound measures for democratic governance in the UNP which include giving members at the grassroots a real say in decision making. A template with suitable modifications could be based on the UK Conservative Party.

2) Getting rid from the party and government persons widely considered to be allegedly inept and tainted with corruption – particularly those in the ROYAL brigade and other CRONIES.

3) Forthwith come clean on those really responsible for and who facilitated the egregious bond scam and make those concerned truly accountable in the public domain.

4) Credibility quantify the real losses due to the bond scam and ensure the monies are paid to the consolidated fund.

5) Forthwith initiate credible time bound die process for alleged corruption and abuse of power widely perceived to have been perpetrated under the Rajapaksa and Yahapalanaya administrations. Merely cherry-picking on the Rajapaksa years will be counterproductive. It is CRUCIAL for the democratic governance of Sri Lanka to have a strong, principled and accountable UNP and SLFP/SLPP.

6) Forthwith initiate time bound constitutional measures to ensure equality to all citizens devoid of any implicit or explicit discrimination.

7) Zero  tolerance of hate speech by all entities including individuals and media particularly on ethnic, religious, language grounds and hold those concerned guilty after due process liable for jail terms and fines.

8) Initiate time bound constitutional reforms for good governance in a transparent manner subject to public consultation. A long overdue reform is for a ‘Constitutional Council’ driven solely by none-political members appointed through a transparent process.

9) Not to ever again carry out grossly inappropriate measures such as removing the subjects of Central Bank and Securities and Exchange Commission from the purview of the Finance ministry and lumping Higher Education and Highways in one ministry.

10) Meritocracy to be the only benchmark for public office and doing away with multiple responsibilities for any individual. An example is the farce of one individual currently holding the position of (i) Senior Adviser to the Ministry of Finance and Mass Media (ii) Chairman, Insurance Regulatory Commission of Sri Lanka (iii) Board Director, SriLankan Airlines (iv) Secretary General of the Secretariat for Coordinating Reconciliation Mechanisms (SCRM). Until recently he was Chairman of the beleaguered EAP Group of Companies. 

Alleged Rajapaksa Corruption

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Maha Vanija Jataka: Exposing myth of maximising profit and enlightening on creative capitalism

The Maha Vanija Jataka has eternal lessons for modern business

  Tuesday, 10 April 2018 

It is fascinating to observe these days many Sri Lankan corporates publish annual accounts one after the other, under compelling captions, on how they maximise profits compared to previous years.

Almost all the comments and interviews made by incumbent CEOs very proudly claim how they have maximised profits and shareholder value. They passionately explain how their strategies worked for them to improve the most important bottom line.

No doubt, it’s great if companies have achieved the same by creating value for customers. However, the deepest concerns are whether modern corporates can sustain their growth by maximising profits or shareholder value.

Does the 20th century concept of maximising profit or shareholder value still have validity in the 21st century business environment? Is maximisation of profits a sustainable approach for corporates to embrace? Reflecting on these thoughts naturally took our memories back to the childhood Jathaka story of ‘Maha Vanija Jathaka,’ which enlightens us on the subject with many vivid facets.

As the story goes, once upon a time many merchants came from various kingdoms to get-together and discuss their business acumen and the wealth they aspire to build as well as their expected difficult journey to the faraway market via thick jungles. They chose a chief and set out to trade to faraway lands with 500 wagons.

On their journey through the parched forest, poor in food, tired and exhausted, the merchants came across a mighty banyan tree with a cool and pleasant shade. They sat down and rested beneath the mighty banyan tree. The merchants observed that the tree was full of moisture and they assumed that there would be water flowing through the branches of the mighty tree. So they decided to cut the branches growing eastwards! The branches were cut and pure and clear trickling water started to flow! The merchants drank till they had no thirst at all and washed with great joy.

Then with the new energy and excitement they said, “Shall we cut the south branches and see?” Once the south branches were cut down, they brought rice, meat, porridge, lentil soup, ginger and many other delicacies. They ate and drank to their hearts’ content. The merchants, encouraged with great desire and ambition, decided to cut the western branches away. For their delight, out came beautiful fair girls. Each merchant had many pretty girls and they had much merriment with these beauties.

After many luxuries, the merchant with great desire for the treasure they aspired for, cut down the northern branches. Out came a stream of pure gold, silver, precious gems and jewels and fine Benares cloth. The merchants filled their chariots with all the treasure they found. But the merchants so entangled with the new treasure and pleasure wanted to cut down the roots of the mighty banyan tree for more treasure.

Their appointed chief advised and blamed the fellow merchants for their ungrateful act of deciding to cut down the roots of the mighty banyan tree. He said: “The tree that given you pleasant shade to sit and lie at need, you cut down for water, food, pretty girls and precious treasure. Now you want to cut down its very roots. How ungrateful you are!”

There were many and none heard his voice and they did cut the root of the mighty banyan tree. Then a huge serpent came and stood forth and took the field with 300 bowmen and 6,000 armed with swords and shields. The great army struck down all the merchants except the righteous merchant chief. Afterward the serpent escorted the merchant chief with all the treasure-filled 500 wagons to his house safely. The righteous merchant chief did many merits from the fortune he had and finally in his journey of life understand the supreme Dhamma and became an enlightened being.

The Jathaka sheds light on many facets of business if one discusses the learning and insight in the right context. Even the forefather of modern capitalism Adam Smith wrote how the invisible hand guides and creates profits in an idealistic society as he proposed in his masterpiece ‘Wealth of Nations,’ but many forget that he too proposed benevolence as being admirable as a great virtue and saw the instinct for sympathy towards one’s fellowman as the foundation of civilised society in his less known work ‘Theory of Moral Sentiments’.

Concept of profit maximisation or shareholder value maximisation assumes that the customers are there to be exploited for the good of the company and its shareholders. The world has experienced in the last century or two how so-called world famous brands have put profit before people and planet and sacrificed many smaller players for their survival. They let them swallow all the costs and make lean and sexy cost structures of their own. These corporates even have no hesitation to sacrifice people’s health, lives, plants and planet just to maximise their profits. There are a few eternal lessons even modern business can learn from the Maha Vanija Jathaka.

1. Concept of profit maximisation undermine the basis of ethics

The greedy merchants cut down branch after branch and ended up by cutting off the very root of the mighty banyan tree. They never thought about how ethical it was of them to destroy the whole tree which would be beneficial not only to them but to many other merchants yet to reach the tree.

Does this sound strange from today’s business practices of many corporates? Many corporates earn profits by introducing unfair and misleading pricing and undisclosed or hidden charges. Sales reps push unwanted products onto longstanding and trustworthy customers. They provide substandard customer care by keeping the costs at rock-bottom. Peter Drucker understood this very clearly in the ’70s and wrote: “The notion that the only valid goal of a firm is to add value to the customer.” If modern companies focus only on profit maximisation, they undermine the very basis of ethics and go away from adding value to customers.

2. Concept of profits maximisation leads to eroding of future profits

The merchants focused only on their fortune and end up losing all the treasure and pleasure they had enjoyed. They paid the price with their own lives. Fred Reichheld, a management writer, elaborates the same point in his book, ‘The Ultimate Question’ and wrote if the firm is making profits, while leaving customers disgruntled, then profit generation and brand liability will have to be repaid one day. Profits earned by corporates whatever the way that the customer feels misled, mistreated, overcharged, ignored and undertreated creates bad profits. The customer will be switching to a different organisation when they fully understand the situation. Hence, in today’s context with digital transparency and enlightened customers, many companies are in danger of losing customer confidence, loyalty and brand association which would lead to an erosion of future profits.

3. Concept of profit maximisation endangers sustainable growth

If the merchants who had earned much treasure from the mighty banyan tree had thought about future potential, they might have great opportunities to develop and build sustainable businesses. But their short-term approach destroyed everything.

Many modern organisations focus too much on maximising profits and miss the game-changing opportunities in many business arenas. There are many lessons in recent history; computer industry (mainframe to PCs), telecommunication (analogue to digital), photography (film to digital), trading (floor to online) where modern business can learn from their mistakes. It is saddening to see even at the very strategic level, top managers insist on maximising profits on each and every new strategy or innovation. This kind of psych would definitely miss the disruptive innovation as proposed by Joseph Schumpeter and lose new customers and new markets which are currently low margins but have great potential in the future.

4. Concept of

profit maximisation weakens capacity building for the future

The greedy merchants never thought of future capacity they would have tap if the mighty banyan tree was protected, nurtured and preserved. The wise and ethical chief’s voice was not being heard by many who were dumb with ignorance and greed. If the merchant not thought of short-term profit as their goal, they would have gone into new lands and had the opportunity of building business empires.

Many modern business do deploy all resources, material, money, methods, machines and men, to maximise the profits. They forget that the future will demand totally new materials, methods and machines. Even the financing mechanism would be totally different. Employees will need different skillsets and there will be different organisation structures. If top managers focus only on maximising short-term profits, they do not have the proper mindset to build capacity for the future. If the organisation capacity is not identified and work is only for maximising profits, when the future demands such “new capacity” from an organisation, it’s too late for it to respond.

5. Concept of profit maximisation creates uncertainty and insecurity among employees

The giant serpent and its terrifying army standing in front of the unfortunate merchants would have had created havoc among them. It had no doubt created uncertainty and insecurity among the merchant and finally the merchants paid the price with their very lives.

Even today 21st century modern organisations make the same mistake. These organisations focus on maximising profits and want to optimise employee productivity and minimise cost. So they keep on attracting cheap labour by outsourcing so-called ‘non-core functions’ and recruit low-paid interns and students on a temporary basis. These corporates forget the moral sentiment proposed by Adam Smith centuries ago to enrich and sustain society which is even driven by profits. Whenever an economic downturn is being experienced, the very corporates are the first to ‘downsize’ or ‘right size’ their labour forces by mass laying off of thousands of employees. The concept of maximising profits breeds social inequality and social injustice and leads to social unrest at a national level. Do modern corporates expect employees to be motivated, engaged in business and loyal to organisation in such a context?


The way forward

It is imperative for modern organisations to understand that the concept of profit and shareholder value maximisation would not ensure nor endure the sustainability of the very organisation. As Joseph Bragdon (2006) proposed in his book titled ‘Profits for Life,’ organisations that aim to profit for life must respect life; for them profit is not a primary goal, but a means to higher ends of service. They think and behave in ways that continually affirm life from their corporate vision and values, the ways they are organised and managed. Their operating leverage resides in their capacity to inspire a new breed of organisations, attract the most loyal employees, strategic partners and customers as well as investors. These new organisations will be radically different from the corporates whose priority goals are to maximise profits and shareholder value. These new breed of corporates focuses on people and thinks holistically, since their prime focus is wellbeing of the larger living system.

Bill Gates, one of the most admired business leaders in the modern world, has contributed immensely to the concept of profits for life through his foundation and was able to get the support of many like minds such as veteran Warren Buffet as well as new billionaires such as Mark Zuckerberg. Gates explained his philanthropic ideology at the World Economic Forum 2008 as: “Some people might object to this kind of market-based social change, arguing that if we combined sentiment with self-interest, we will not expand the reach of the market, but reduce it. Creative capitalism takes this interest in the future of others and ties it to our interest in our own fortunes in a way that helps advance both.”

It’s time for our own corporate world and local billionaires to rethink beyond their fancy CSR projects and charity work, and have a holistic business approach, focusing on the wellbeing of the larger living system. Especially a country like ours demands our corporate leaders to go beyond the concept of maximising profit and shareholder value and contributing to society at large by removing socioeconomic barricades such as injustice, inequality and insecurity. Are our corporate and local billionaires ready to contribute towards creative capitalism as Bill Gates?


[The writer is a senior banker in a leading private commercial bank with close upon three decades of experience in Sri Lanka and overseas in branch banking, retail, SME and commercial lending, business strategy and adopting the balanced scorecard as a performance management tool. He is an Associate of the Institute of Bankers of Sri Lanka; a Chartered Marketer of the Chartered Institute of Marketing (CIM), UK, and a Certified Management Accountant of the Certified Management Accountants (CMA), Australia.]

The Story of a Man who Built Five Cinemas: Combating the Culture of Poverty

Featured image courtesy thuppahi.wordpress.com

DEVANESAN NESIAH- 04/09/2018

The story of Veerappa Alagoo and his family is also that of one the most disadvantaged and discriminated against among the major communities of this island. Alagoo’s story relates to a minor employee of upcountry Tamil Origin working under R. Copland, then Superintendent of Nichola Oya estate, Rattota. Veerappa Alagoo so impressed the Superintendent with his mechanical-cum-building contracting skills that he was provided with a small block of land near the estate factory to set up his own workshop. Veerappa Alagoo responded promptly and set up a workshop together with living quarters for himself and his family on that land.

He also installed a sluice gate on higher ground across a perennial streamlet to divert water and generate power for a secondhand turbine and in turn power a fan-driven blacksmith’s furnace, a lathe, a power hacksaw, a stand drill, a grinder and a mini electricity generator. All these increased his own efficiency and greatly impressed his superintendent.

His second child was named Karuppiah. Although Karuppiah’s schooling was limited to grade 3 (Tamil medium only) in the local estate school (which was the only education that was available to him) he inherited his father’s capacity for honest, intelligent hard work. He applied these qualities to excel in his father’s workshop and also went further to secure a license to drive the estate lorry. It was primarily Karuppiah who developed a passion to build a cinema hall after seeing a Tamil film named Chinthamani at a cinema hall 12 miles away in Matale.

Copland in due course was transferred to Mayfield estate, Hatton and he took with him Veerappa Alagoo who also took his son Karuppiah with him. A section of the family remained at Nichola Oya but tragically perished in a land slide. But the story related by Dr. Visvalingam is about the achievements of Veerappa Alagoo’s surviving progeny at Mayfield estate. In this context, the achievements of his progeny are most admirable and inspiring. Further, he has not only used his considerable skills and creative initiative but also systematically tapped a wide range of sources to achieve his ambitions. In particular; he has succeeded in passing down his drive, ambition and perseverance to at least the next two generations of his family.

The widely held theory of “The culture of poverty” does not seem to have significantly crippled him or the progress of his project. That theory had been used to explain the continued socioeconomic depression of certain underprivileged ethnic (including caste) groups in many parts of the world. These groups include that of black and Native Americans in the USA, depressed castes and tribes in India, the Burakumin in Japan and expatriate plantation and mine workers across the globe. This theory has been elaborated by the distinguished Nigerian scholar Ogbu in his publication titled “Voluntary and Involuntary Minorities”. In this publication Voluntary Minorities relates to individuals who have independently and individually migrated to better their prospects, and involuntary minorities relates to communities who have collectively migrated as slaves or indentured labor to distant lands as well as to communities who had been conquered or designated as inferior and suppressed in their own lands. As elaborated by Ogbu, in addition to discrimination that may operate against both sets of communities, there are decisive psychological factors that differentiate between Involuntary and Voluntary minorities.

It is important to distinguish between ethnic discrimination impacting on both groups from the psychological factors that differentiate between the reaction of Involuntary and Voluntary minorities. Involuntary minorities tend to get depressed and helpless in the face of discrimination. Their frame of reference is this dominant population who enjoys opportunities denied to them. In contrast the Voluntary minorities had individually opted to migrate expecting discrimination but with the confidence that they would be able to overcome the discrimination and succeed. Their frame of reference is the condition of those whom they have left behind in their mother land. They are encouraged by the new opportunities available to them but not to those whom they have left behind. Moreover, it is the more adventurous and ambitious individuals or families who opt to migrate and, in consequence their socioeconomic conditions may not only exceed those of people whom they have left behind but also, very often, the bulk of the population in the lands to which they have migrated. For example, Asian migrants make up about 2% of the population of the USA but about 20% of the intake in to several of the elite universities. Similarly many of the migrants in to Norway were from Sri Lankan Tamils of very low socioeconomic status but their children are, on average, way above the native Norwegian average in the elite universities and professions. In the USA, there is a wide discrepancy between the success achieved by Black immigrants of recent origin as against the descendants of slaves and Native Americans. In the case of the Burakhin, they continue to be depressed in Japan but those who have migrated to the USA have been as successful as other Japanese migrants. Both choosing to migrate, and the very act of migration have made critical differences. Clearly, the difference cannot be due primarily to genetic factors.

Similarly in the case of Tamils who have come in to Sri Lanka as individual migrants over many centuries (namely the Ceylon Tamils) have been clearly more successful than the genetically similar indentured labor who came in to Sri Lankan plantations in the latter part of the 19^thCentury and the early 20^th Century (namely the upcountry Tamils). It would be interesting to trace the ancestry of Veerappa Alagoo; did they come as individual migrants or as indentured labor? It would also be interesting to trace the fortunes of his descendants in subsequent (third and fourth) generations. Perhaps Dr. A.C. Visvalingam can help us with information on these issues. If indeed Veerappa Alagoo or his ancestors were Voluntary minorities and not indentured labor, it would be an inspiration to others of his community to achieve upward mobility, overcoming whatever discrimination they may encounter. In fact if the discrimination suffered by a people numbering over a million and constituting around a tenth of our population could amount to collective repression and explain their sustained socioeconomic depression. If their full potential could be realised it would benefit not only them but all of us. As a first step we should dismantle every rung of the edifice of discrimination that yet burdens them and hinders them from full integration in to the Sri Lankan Nation.

Editor’s Note: This is an edited response to an article which appeared in the Sunday Island. 

Also read, “From Tamil Nadu to Badulla: A Century in the Tea Estates of Sri Lanka” and “The Road to School: Access to Education in the Plantation Sector“

Former Sathosa Chairman further remanded

 Lakmal Sooriyagoda-Monday, April 9, 2018

Former Lanka Sathosa Chairman Nalin Ruwanjeewa Fernando, who is alleged to have misappropriating state funds amounting to Rs.39 million while importing sports equipment during last Presidential Election was ordered to be further remanded until April 12 by the Colombo Fort Magistrate, today.

Magistrate Lanka Jayaratne observed that an appropriate order regarding the suspect's bail application to be announced at the next hearing date.

The Financial Crimes Investigation Division (FCID) commenced an investigation against former Sathosa chairman and for Sports Minister Mahindananda Aluthgamage in connection with importation of 14,000 carrom boards and 11,000 draught boards during the previous regime. 

Last Friday, the Court of Appeal dismissed a writ petition filed by former Sports Minister Mahindananda Aluthgamage who sought an order preventing FCID from arresting him for allegedly committing offences under Penal Code and Public Property Act while importing sports equipment. 

REVIEW PETITION AGAINST JUDGES ORDER

2018-04-10 

In a unprecedented development in the Sri Lankan judicial system, attorneys representing the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) on March 13 (Tuesday), filed a review petition in the Supreme Court seeking an injunction against an order issued by a bench chaired by Acting Chief Justice Eva Wanasundera, blocking the prosecution of former Attorney General Mohan Peiris on charges of corruption.

According to the application filed by CIABOC against the presence of Justice Wanasundera on the bench that issued the order, “documents furnished by the Hon. Attorney General and the relevant Minute demonstrate that Her Ladyship Justice Eva Wanasundera, PC, in her capacity as the then Attorney General had taken a decision related to the subject matter (including a decision relating to the question of whether or not to refer the matter to the CIABOC)” and that “Her Ladyship was also fully aware of the material/evidence in the possession of the Attorney General’s Department relating to the said allegation of corruption.”

CIABOC, on January 18, 2018, filed a criminal case in the Colombo Magistrate Court against former Attorney General Mohan Peiris, former Deputy Solicitor General A.H.M.D. Nawaz and former Secretary, Ministry of Power and Energy M. M. C. Ferdinando based on a criminal complaint submitted to the Commission by the Attorney General’s Department.

It has thus become necessary for the Respondents-Petitioners to invoke the inherent powers of Your Lordship’s Court and/ or the powers of Review of Your Lordship’s Court to Review the Order issued on February 26, 2018 in this matter, in view of the extraordinary circumstances set out above

In the CIABOC application (Case No: 87741/01/18) submitted to the Colombo Magistrate’s Court, Peiris, Nawaz and Ferdinando have been accused of conspiring to commit and thereafter committing an act of corruption to bestow undue benefit to the officers of Lanka Electricity Company (Pvt) Ltd (LECO) by gross subversion of established practices in the Attorney General’s Department, in contravention of Section 113(b) of the Penal Code and Section 102 read with Section 70 of the Bribery Act.

Specifically, according to the CIABOC application to Court on January 18, 2018, while a CID investigation into allegations of financial crimes by LECO officers was ongoing under the supervision of State Counsel Thusith Mudalige of the Criminal Division of the 

Although the CIABOC case against Peiris was filed in January, it was over a month later, in February, that CIABOC faced a coordinated onslaught of six Supreme Court petitions and writ applications seeking to block them from proceedings in the Magistrates Court. These cases were filed upon the departure 
of Chief Justice Priyasath Dep

Attorney General’s Department, the accused are charged with knowingly bypassing the Criminal Division and soliciting and sending a corrupt legal opinion to a third party, M.M.C. Ferdinando, through then Civil Division Attorney A.H.M.D. Nawaz claiming that there was no criminal liability in respect of a fraudulent transaction, without any reference to the CID investigation or consultation with the criminal division attorneys handling the matter. In fact, it is alleged that no file was opened regarding this matter, and it was done solely to halt the CID investigation.

After the alleged criminal action had taken place and the CID was informed to halt the investigation, the CID had informed State Counsel Mudalige, who had taken up the matter with then Solicitor General Jayantha Jayasuriya, who is now the Attorney General. During an internal investigation that took place after Attorney General Peiris was elevated to the position of Chief Justice, CIABOC now charges that the file had reached the desk of Peiris’ successor as Attorney General, incumbent Supreme Court Justice Eva Wanasundera.

CIABOC Review Petition

According to the CIABOC review petition to the Supreme Court, Justice Wanasundera’s involvement in this matter as Attorney General is evidenced by a minute signed by her in the investigation file on July 5, 2012, addressing the question whether a criminal complaint should be made to CIABOC over the actions of former Attorney General Peiris and over what disciplinary action was warranted.

The CIABOC complaint further states, ‘As such, Her Ladyship Justice Eva Wanasundera, P.C. was obliged to have recused herself from participating in the matter.According to the complaint, the aforesaid presumption of bias and/or conflict of interest are aggravated by her failure to make full disclosure of the aforesaid facts, prior to taking up the matter’.

Although the CIABOC case against Peiris was filed in January, it was over a month later, in February, that CIABOC faced a coordinated onslaught of six Supreme Court petitions and writ applications seeking to block them from proceedings in the Magistrates Court. These cases were filed upon the departure of Chief Justice Priyasath Dep on a foreign tour, when Justice Wanasundera, the senior-most judge of the Supreme Court, was appointed as Acting Chief Justice in his absence.
The cases consisted of four Writ Applications (Mohan Peiris SC Writ 22/ 2018, A.H.M.D. Nawaz SC Writ 23/2018, Kalyananda Tiranagama SC Writ 24/2018 and Udaya Rohan de Silva SC Writ 25/ 2018) and two Fundamental Right applications Kelum Darshana Kumarasinghe SC FR 70/ 2018 and S.A.D.S. Suraweera SC FR 66/ 2018) filed in terms of article 140 of the Constitution. Although it is the Court of Appeal that takes on Writ Applications, when a Writ is sought against a decision of the CIABOC under the Bribery Act, the jurisdiction to hear a Writ Application is transferred by law from the Court of Appeal to the Supreme Court.

All six cases were scheduled to be taken up together on February 26 by a three-member bench chaired by Acting Chief Justice Wanasundera, including Justices Priyantha Jayawardena and Nalin Perera. It was only after the first case, a writ application filed by Mohan Peiris, was taken up and an injunction against CIABOC that restrained proceedings in the Magistrates Court was issued by the bench. It was then discovered that the Acting Chief Justice had an undisclosed conflict that CIABOC alleges bars her from hearing the case.

According to the petition filed by the Counsel on behalf of CIABOC, the Bench presided over by Her Ladyship Hon. Eva Wanasundara P.C., Acting Chief Justice individually took up the Writ Application by Mohan Peiris for support over the objections of several Counsel requesting that the connected matters, i.e. SC (Writ) 23/2018, SC (Writ) 24/ 2018, SC (Writ) 25/2018, SC (FR) 70/2018 be taken up together as their subject matter and implications were interconnected.

Corruption

The motion further states, ‘Supreme Court Writ Application 22/ 2018 was filed on February 9, 2018 and was listed for support on February 26, 2018. The Attorney General informed the CIABOC that he was unable to appear for them. This was due to the fact that the Attorney General’s Department was the complainant with regard to the complaint of corruption allegedly committed by the petitioner Peter Mohan Maithri Peiris alias Mohan Peiris –former Chief Justice, and fifth and sixth respondents- Abdul Hamid Mohamed Nawaz and M.M.C. Ferdinando respectively.

‘Thus the respondents-petitioners had limited time to retain private counsel for the matter which was to be supported on February 26, 2018. A Bench of Your Lordship’s Court presided over by Her Lordship Hon. Eva Wanasundara P.C., Acting Chief Justice, took up this matter for support despite several Counsel requesting that the connected matters, to be taken up together.

‘Upon this application being taken up, it was submitted in open court by Mr. Sanjaya Rajaratnam P.C. Senior Additional Solicitor General, appearing for the Hon. Attorney General, that Her Ladyship Hon. Eva Wanasundare PC during her tenure as Hon. Attorney general made certain minutes pertaining to facts and circumstances relevant to this subject matter in an official and confidential file of the Attorney general’s Department which he referred to as a ‘CF File’.

CF File

‘Certain documents were handed over to Her Ladyship Hon. Eva Wanasundare PC Acting Chief Justice by Mr. Sanjaya Rajaratnam PC Senior Additional Solicitor General, which were said to be copies thereof. While those documents were retained by Her Ladyship, the content of same were not disclosed to the parties or counsel. Mr. Sanjaya Rajaratnam PC, who handed over the perusal a file said to be the said ‘CF File’ to Her Ladyship which was later returned.
‘Her Ladyship Eva Wanasundara PC Acting Chief Justice, without disclosing the content of the documents so handed over, or the nature of the minutes she has made, inquired from counsel appearing in SC (Writ) 22/ 2018, whether they had any objections to the Bench of Her Ladyship hearing the matter. Being unaware of the content or nature of the aforesaid documents handed over to Her Ladyship, all counsel indicated that they had no objection to the bench or Her Ladyship taking up the matter.
‘Counsel for 1st to 4th respondents raised two preliminary objections namely; the petitioner has not acted uberrima fidei by not disclosing the letter of the 6th respondent dated December 2, 2010, and the annexures thereto (which are referred to P3(a) and the petitioner has failed to comply with Rules 3(1) of the Court of Appeal (Appellate Procedure) Rules of 1990.
‘After hearing the submissions of all parties, Her Ladyship dictated the Order of Court issuing Notice and a stay order restraining proceedings in the Magistrate’s Court until the conclusion of the case. The aforesaid Order dated February 26, 2018 forms part of the Record in this matter, and in view of the Respondents-Petitioners being unable to obtain a copy of same, request permission to tender a copy of same, if so required by Your Lordships’ Court.

TWO Connected cases

‘Your Lordships’ Court did not rule of the preliminary objections raised by the counsel for 1st to 4th Respondents (Chairman, Commission Members and DG CIABOC respectively). After a short adjournment of the proceedings, two connected cases (SC Writ 23/2018 and SC Writ 25/2018) were taken up and several Counsel appearing for 1st to 4th Respondents adverted to a document filed by the Petitioner in SC Writ 23/2018 signed by Senior President’s Counsel referring to Her Ladyship, as well as the fact that Her Ladyship was said to have made a minute related to this matter (though the nature of the content of that minute was unknown to them at that time), and therefore, raised the issue of propriety to Her Ladyship hearing the case.

‘Although those Counsel urged Court to record the submissions made by the Counsel, those matters as well as the other connected matters were adjourned for support for March 7, 2018, without recording the submission made by Counsel. Subsequently, the 1st to 4th Respondents requested the Hon. Attorney General to provide the copy of the relevant Minutes to the instant Respondents in as much as it may be relevant to the subject matter of this application and the criminal proceedings which form the subject matter of this application.

CIABOC, on January 18, 2018, filed a criminal case in the Colombo Magistrate Court against former Attorney General Mohan Peiris, former Deputy Solicitor General A.H.M.D. Nawaz and former Secretary, Ministry of Power and Energy M. M. C. Ferdinando based on a criminal complaint submitted to the Commission by the Attorney General’s Department

‘The Hon. Attorney General accordingly made available the said Minute and connected documents to the CIABOC. The documents furnished by the Hon. Attorney General and the relevant Minute demonstrate that Her Ladyship in her capacity as then Attorney General had taken a decision related to the subject matter of this application (including a decision relating to the question whether or not to refer the matter to the CIABOC). Her Ladyship was also fully aware of the material/ evidence in the possession of the Attorney General’s Department relating to the said allegation of corruption.

The relevent minutes contained in B1 states:

Thanks for the long report at bl. (3).
I am of the view that part 1 can be dealt with in CR1/368/10 file in the normal course of action re CR1 files in their department.
Part II: I agree with you on recommendation 2 against 2A in your report.
SSC/ Administration should move in the matter with the knowledge of the AG and initial disciplinary proceedings under the E code for having written the letter dated 16-12-2010.
Pl. do the needful.
Eva
5/7/12

‘Her Ladyship having knowledge of the aforesaid and especially having made a Minute relating to the aforesaid, merely inquired whether the parties in the instant 

The motion further states, ‘Supreme Court Writ Application 22/ 2018 was filed on February 9, 2018 and was listed for support on February 26, 2018. The Hon. Attorney General informed the CIABOC that he was unable to appear for them. This was due to the fact that the Hon. Attorney General’s Department was the complainant with regard to the complaint of corruption

application had any objections to Her Ladyship hearing the matter without making full disclose of the extent of her involvement with the file, in her capacity as Attorney General. In the aforesaid circumstances of the instant case, Respondents-Petitioners states that Her Ladyship was biased and/ or at minimum there was a strong and seeming appearance of bias and/or there was a conflict of interest in her participating in the matter.

‘As such, Her Ladyship was obliged to have recused herself from participating in the matter. The Respondents-Petitioners further state that the aforesaid presumption of bias and/ or conflict of interest are aggravated by her failure to make a full disclose of the aforesaid facts, prior to taking up the matter.

‘It has thus become necessary for the Respondents-Petitioners to invoke the inherent powers of Your Lordship’s Court and/ or the powers of Review of Your Lordship’s Court to Review the Order issued on February 26, 2018 in this matter, in view of the extraordinary circumstances set out above.

‘Grave and irremediable harm and damage will be caused unless the interim relief prayed for is granted by Your Lordship’s Court in as much as impugned order is tainted by bias/ conflict of interest as set out above. In all the circumstances mentioned above it has also become necessary to seek an appropriate order from Your Lordship the Chief Justice, considering the general and public importance of this matter, that a direction be made in terms of Article 132(3) of the Constitution constituting a Divisional Bench of Five or more Hon. Justices of the Supreme Court to consider this application and all matters connected therewith. The Respondents-Petitioners have not invoked the jurisdiction of Your Lordship’s Court with regard to the subject matter of the instant application.

CIABOC counsel have requested that the Supreme Court “considering the general and public importance of this matter” appoint a bench comprising five or more justices to consider the application and all connected matters, issue a stay order suspending the February 26, 2018 order that blocked the prosecution in the Magistrates Court, review and set aside that order, and grant “such further and other relief as Your Lordship’s Court” shall deem fit.

During an internal investigation that took place after Attorney General Peiris was elevated to the position of Chief Justice, CIABOC now charges that the file had reached the desk of Peiris’ successor as Attorney General, incumbent Supreme Court Justice Eva Wanasundera

These papers had been filed in courts and the case is scheduled to be taken up soon. 

Palestinian artists boycott Istanbul film festival over Israeli sponsor

Organisers ignore call by Turkish BDS movement to end association with Art Israel, leading Palestinian directors to spurn the event

Actress Perihan Savas launches the 37th Istanbul Film Festival at the weekend (AA)

Suraj Sharma-Monday 9 April 2018 

ISTANBUL, Turkey – Palestinian artists have boycotted the ongoing Istanbul Film Festival after organisers ignored calls to drop an Israeli government sponsor.

The call to drop Art Israel, an offshoot of the Israeli foreign ministry, from the "kind collaboration" sponsors of the Istanbul Film Festival was made by the Turkey branch of the Boycott, Divestment, Sanctions (BDS) movement.

The producer of 2017 film Wajib, a Palestinian co-production, said the film team had pulled their film from the festival after organisers refused to end Israeli collaboration.

I can't believe that such a festival will collaborate with war crime country to sponsor their festival. 

- May Odeh, Palestinian director

Ossama Bawardi said the entire film crew had cancelled their plans to attend the Istanbul festival, according to BDS Turkey.  

The refusal of organisers at the Istanbul Film Festival to end their collaboration with Art Israel even after developments in Gaza has put the spotlight on the festival's backers and also the Turkish government, whose culture ministry is a principal backer of the festival.

For the last two weeks, the Israeli military has killed dozens of unarmed Palestinians from the Gaza Strip, demonstrating peacefully in what they have termed the Great Return March.

Turkish officials have condemned Israeli actions and its use of lethal force.

The Great Return March is a series of non-violent protests being held by Palestinians in the lead up to the anniversary of Israel's independence day, which fell on 15 May 1948, and is called the Nakba (catastrophe) in Palestine.   

Mohammad Bakri, the lead actor in Wajib, wrote in a letter: "I am cancelling my visit to your festival as a result of Israel's official collaboration with the Istanbul Film Festival, particularly in the wake of the last Black Friday in Gaza, in which the Israeli army opened fire on innocent people."

BDS's stated goal is to end Israel's oppression of Palestinians and pressure Israel to comply with international law. It seeks to achieve this by campaigning for the international boycott of Israeli products and services, while also seeking to deter global cultural and pop figures from performing in Israel.

May Odeh, a Palestinian producer and director, also announced she would not attend a panel discussion at the Istanbul Film Festival called "Meetings on the Bridge" due to the festival's insistence on having an Israeli sponsor.

"I'm May Odeh a producer/director from Palestine with my deep sadness, will cancel my participation at Istanbul International Film Festival / Meetings on the Bridge, because of the Israeli sponsorship to the festival," she posted on Facebook.

"I can't believe that such a festival will collaborate with war crime country to sponsor their festival. In the name of my colleague in Gaza Yaser Murtaja who was killed by the Israeli military two days ago while he was wearing the press vest, and in the name of all the martyrs and the political prisoners, I'm not going to be at the festival, @Istanbul International Film Festival Shame on you," she added. 

The Istanbul Film Festival, now in its 37th year, bills itself as one of Turkey's major film festivals. It kicked off on 6 April and is slated to screen 198 films.

The festival is organised by the Istanbul Foundation for Culture and Arts (IKSV), a trust established by the Eczacibasi corporation.

While Eczacibasi remains the main sponsor, the festival was also backed by Turkey's culture ministry and other official bodies.

The situation could prove to be tricky for Turkey's president, Recep Tayyip Erdogan, and his AKP party, who seek to present themselves as the champion of the Palestinians and their cause.

The only Israel-related film on the festival's screening schedule was Israeli director Savi Gabizon's Longing.

The festival organisers and the culture ministry are likely to face questions on why a Turkish film festival needs an Israeli sponsor, especially when relations between the two remain strained over Israeli actions against the Palestinians.  

Neither the culture ministry, IKSV or Eczacibasi were immediately available for comment.    

BDS Turkey has also criticised IKSV for continuing to list Art Israel as a sponsor for its Istanbul Music Festival in June.      

Over 40 killed in suspected poison gas attack in Douma, Syria activists say

Alex Thomson-8 Apr 2018Chief Correspondent

Syrian activists say at least 40 people have been killed in a poison gas attack on Douma – the last rebel-held town in Eastern Ghouta, on the outskirts of Damascus… rescue teams described finding families suffocated in their homes.

Relief workers in the town said hundreds more people had been brought into clinics, with symptoms consistent with chemical poisoning.

In a series of furious tweets – President Trump blamed Vladimir Putin by name for the first time… describing President Assad as an “animal” and writing of a “big price to pay”.

Warning: report contains distressing images.

Syria says strike on military base carried out by Israeli warplanes

A Syrian military source and the Russian Defense Ministry said Israeli F-15 fighter jets carried out Monday’s strike from Lebanese airspace. (Amir Cohen/Reuters)

By Erin Cunningham and Ruth Eglash April 9 at 10:01 AM Email the author

ISTANBUL — A missile strike on an air base in central Syria was carried out by Israeli warplanes early Monday and caused multiple casualties, according to the Syrian and Russian governments, amid fears of a wider confrontation between world powers.

Israeli officials did not immediately comment on the reports. The raid on the T-4 airfield in Homs province — believed also to be a base for Iranian and Iranian-allied militias — comes as tensions rise over possible U.S. military action in Syria in response to an alleged chemical strike near Damascus late Saturday.

Syria’s ally, Russia, on Monday called the Israeli raid a “dangerous development” and said reports of a chemical attack near Damascus were also a “provocation,” Reuters reported.

U.S. officials said Sunday that they were weighing options to strike Syrian government targets after at least 40 people were killed in the opposition-held town of Douma, roughly 10 miles from the Syrian capital. President Trump also said Sunday that there would be a “big price to pay” for the attack.

Many of the victims suffocated, and the wounded showed signs of respiratory distress and foaming at the mouth, doctors and rescue workers in the area said.

President Trump said he wants to pull all U.S. troops out of Syria where they're supporting the Syrian Democratic Forces in the fight against the Islamic State. (Jason Aldag/The Washington Post)

[Trump condemns Syria chemical attack, saying Putin shares the blame]

The Organization for the Prohibition of Chemical Weapons, the world’s chemical weapons watchdog, said Monday that it was investigating the possible use of chemical weapons in Douma. A spokeswoman for the European Union blamed Syria’s government for the attack.

Russia’s Defense Ministry said in a statement Monday that Syrian doctors and other medical staff went to Douma to the site of the alleged attack but could not find evidence any chemical weapons were used. The ministry cited Syrian medical staff as identifying victims’ injuries as having resulted from fractures, gunshot and shrapnel wounds.

The heightened tensions come amid a reported deal to evacuate rebel fighters from Douma following Saturday’s alleged chemical attack. The militants from Jaish al-Islam had been negotiating their exit with Russian representatives. Russia’s Tass news agency reported Sunday that 8,000 fighters would be allowed to leave Douma for other opposition-held areas in northern Syria.

Douma is one of the opposition’s last strongholds near the capital and had come under heavy bombardment by Syrian government and allied forces in recent weeks. According to the United Nations, more than 1,700 people have been killed since February in the Eastern Ghouta area.

Also Monday, the Britain-based Syrian Observatory for Human Rights reported that 14 people were killed in the Israeli strike on the T-4 air base, most of them members of Iranian forces or Iran-backed proxies supporting the Syrian government.

Iran’s Fars News Agency, which is close to the powerful Revolutionary Guard, reported that three Iranians were killed in the attack.

In a series of tweets on the morning of April 8, President Trump condemned an apparent chemical attack near Damascus on April 7. (Claritza Jimenez/The Washington Post)

A Syrian military source and the Russian Defense Ministry said Israeli F-15 fighter jets carried out Monday’s strike from Lebanese airspace.

[Like Obama, Macron said chemical weapons were his ‘red line.’ So now what?]

Iran is a staunch ally of the Syrian government and has deployed forces and assets inside Syria, including a network of pro-government fighters it uses as shock troops in battles with Syrian rebels.
Israel has grown increasingly alarmed as Iran and its Lebanese proxy, Hezbollah, extend their military reach and influence in the region, including an expanded presence near Israel’s northern border.

In February, Israel confirmed that it had targeted the same airfield in Homs after an Iranian drone entered Israeli airspace. Eight warplanes were used in that attack, Israel’s military said, including one F-16 fighter jet that was downed by Syrian antiaircraft fire.