Ministry of Defence names Sunday Leader  lawyers as traitors

By Our Political Editor

On Friday July 10, at 6.31 p.m. The Ministry of Defence, Public Security, Law & Order posted a scurrilous article on its web site naming lawyers appearing for and on behalf of  Leader Publications (Pvt) Ltd, publishers of The Sunday Leader newspaper titled 'Traitors in Black Coats Flocked Together?'

The article named President's Counsel Srinath Perera, Upul Jayasuriya Attorney-at-Law, M. A. Sumanthiran, Attorney-at-Law, Viran Corea, Attorney-at-Law and  Athula Ranagala, Attorney-at-Law who appeared for Leader Publications, as  having "a history of appearing for and defending LTTE suspects in the past."

The article, which carried no byline further said, Quote, "It was the observation of some senior independent Lawyers who were present in court that day, that this team of Lawyers share a common anti-patriotic sentiment fired by pro UNP activism and following. One such Lawyer speaking to the media mentioned his disbelief and shock at the manner in which these Lawyers had banded together in the face of prima facie proof of Contempt of Court. As a respected senior member of the legal fraternity, he opined that the behaviour of these Lawyers was an insult to the whole profession and totally unacceptable at a time when Sri Lanka is enjoying its veritable independence after 30 long years. He went to the extent of branding these Lawyers as traitors of the nation." Unquote.

This team of lawyers appearing for and on behalf of Leader Publications (Pvt) Ltd., where The Sunday Leader has been asked to show cause for Contempt of Court for publishing two profiles - one on Defence Secretary, Gotabhaya Rajapakse and the other on Velupillai Prabhakaran, on May 24, this year, appeared at the Mt. Lavinia District Court before Additional District Judge Mohamed Macky last Thursday, July 9th. 

Responding to the hate speech posted on the Ministry of Defence web site, Military Spokesperson, Brigadier Udaya Nanayakkara said, "This is on the Defence Ministry web site I have nothing to do with this." 

Lakshman Hulugalle, Director General for the Media Centre for National Security (MCNS) said, "This is media freedom which you all have been fighting for."

He disregarded the fact that such an article had appeared on an official Government web site stating, "The Defence Ministry web site is open for public opinion. Unlike the web site operated under my ministry the MCNS, which is strictly monitored and not open for public opinion." Hulugalle added, "Nevertheless, this is not a statement made by anybody - this is free comment. This is an expression of media freedom."  

Manik De Silva, President of the Editor's Guild expressed shock and dismay. Asserting that he had no time yet to discuss this with the rest of the Guild. De Silva, however maintained that in his personal view, "I am shocked that an article like this appeared.  I understand that the defamation action against The Sunday Leader is a personal  action of the Defence Secretary and the web site which this was published falls under the defence ministry. So I don't think this was a proper forum to launch an attack on somebody who is defending a defamation case filed against them by the Secretary.

"The second thing is this talk's about bylines being customary - which I don't agree with - some stories have bylines and others don't. But talking about that, - this particular story does not have a byline.  Also the lawyers who are quoted in this article on this web site are not named and any journalist would know that such quotes have far less value than somebody who would identify himself and say what he has to say. Finally, certainly Mr. Srinath Perera is a UNP Provincial Councilor elected at the last election and Upul Jayasuriya is associated with the UNP. But as far as I know Mr. M. A. Sumanthiran is not associated with the UNP. Whether they were, are or not, however is not an issue. They have the right to defend anybody who seeks to retain them."

M. A. Sumanthiran, Attorney-at-Law said, "This is absurd. I have been so named in the past. This web site since November last year have carried similar hate speech against lawyers. It's the right of the public to have lawyers of their choice to be retained. And if this kind of hate speech is allowed it is dangerous because they are associating lawyers with the causes they plead - which are two different things altogether. This is forgotten. More importantly it is the right of every citizen to retain lawyers of their choice to plead their cause. It is a fundamental right. Justice will be denied if this kind of thing is done. This is obviously an indicator as to why lawyers are withdrawing from this case."

W. Dayaratne, President of the Sri Lanka Bar Association (BASL) said, "I am meeting with the executive committee of the Bar Association this afternoon (Saturday, July 11). We will be discussing this article and will decide on a course of action." 

Chulawansa Srilal, Convener, Free Media Movement (FMM) asserted "Every citizen in this country has a right to be defended and retain lawyers of his or her or their choice.  It is not for any State or other apparatus to slander the profession in this manner - as it remains a Fundamental Right in a democratic society."

Upul Jayasuriya Attorney-at-Law said, "We are sad the lawyers are being pressurised not to appear for trial particularly when the previous lawyers for reasons beyond the comprehension of any one withdrew from this case."

We reproduce below the said article as it appeared on the official web site
of the Ministry for Defence, Public Security, Law & Order.

Traitors in black coats flocked together?

Leader Publications (Pvt) Ltd, publishers of the Sunday Leader news paper was charged with Contempt of Court for publishing an article comparing Secretary of Defence, Mr. Gotabaya Rajapaksa with Velupillai Prabhakaran, who was responsible for the death and destruction of over 100,000 civilians, despite extending an assurance in Court not to publish any defamatory content in reference to the Secretary Defence and the Sri Lanka Forces. The article in question was published minus a by line, which is a rarity in professional journalism.

Leader Publications (Pvt) Ltd was given time to show cause and the case was heard yesterday 9 July 2009 at the Mt. Lavinia Courts before the Additional District Judge Mohammed Macky.

The original Defence team had voluntarily resigned from handling the case citing it was against their ethical and moral standing to oppose a national hero like the Secretary of Defence, with whose unwavering commitment and focus Sri Lanka is a free country today.

A new team comprising of some who have a history of appearing for and defending LTTE suspects in the past, namely Srinath Perera, PC ,Upul Jayasuriya, S. Suma- nthiran, Attorney-at-Law Viran Corea, Attorney-at-Law instructed by Athula Ranagala, Attorney-at-Law appeared for Leader Publications.

It was the observation of some senior independent Lawyers who were present in court that day, that this team of Lawyers share a common anti-patriotic sentiment fired by pro UNP activism and following. One such Lawyer speaking to the media mentioned his disbelief and shock at the manner in which these Lawyers had banded together in the face of prima facie proof of Contempt of Court. As a respected senior member of the legal fraternity, he opined that the behaviour of these Lawyers was an insult to the whole profession and totally unacceptable at a time when Sri Lanka is enjoying its veritable independence after 30 long years. He went to the extent of branding these Lawyers as traitors of the nation.

PBJ expected back

By Faraz Shauketaly

In a new development sources close to the controversial public interest litigation expect that P. B. Jayasundera the former Treasury Secretary will resume duties at the Treasury Secretariat by July 15.

The sources say that the Executive wishes for Jayasundera to return to the administration of state funds and in this respect Jayasundera is reported to have petitioned the Supreme Court in an attempt to have his affidavit withdrawn or annulled.

If he is successful it then leaves him free of constraints in accepting public office which was denied to him as a result of the previous public interest litigation.

It was expected they said, that in the interests of the wider picture for the Republic, the government would settle with the foreign banks amicably and then further negotiate with those banks to fund the redevelopment activities in the North and North East - which the government has indicated to be a priority of the highest order.

Jayasundera expects to play a lead role in this process added the sources.

Long wait for Cuban dengue buster

By Risidra Mendis and Arthur Wamanan

A plan by the Health Ministry to import BTI bacteria (Bacillus thuringiensis israelensis) commonly used as a bio insecticide to destroy dengue mosquito larvae from Cuba is yet to materialise.

Health Ministry Media Spokesman W.M.D. Wanninayake told The Sunday Leader that on July 3 the government had made a request through the Cuban ambassador to bring down the  bacteria from Cuba.

Wanninayake went on to say that the Cuban government had given permission and had also made arrangements to send down two experts to the country to advice the local authorities on how to use this bacteria. "We have no idea as to why there is a delay for Cuba to send the bacteria and the experts." Wanninayake also confirmed that the WHO had not approved this bacteria and that he wasn't aware of the reasons.

"Two years back the Health Ministry introduced this same bacteria to the environment. However this method wasn't successful in controling the dengue mosquitoes. Besides the bacteria was discovered to be not from Cuba but from Israel. It was through awareness campaigns and the commitment of Cuban health authorities that dengue was brought under control in Cuba. In Cuba, doctors have contributed mostly to the prevention of the diseases by doing a great service for a monthly salary of just US$ 10," Wanninayake said.

"It is the pesticide and mosquito coil industry that seem to have a problem about the introduction of this bacteria. The bacteria if introduced are safer than the usage of pesticides and are environment friendly. Since this bacteria is environment friendly why not give it a try and see if it works," environment lawyer Jagath Gunewardene said.

Gunewardene added that this bacteria is known to feed only on the larvae of flies and mosquitoes. "The Cuban bacteria when released to the environment will not harm any plants or animals.

If the bacteria works it will reduce the usage of fumigants and mosquito coils in the country. Besides the Cuban bacteria has to be sprayed only in areas where there is excessive breeding of the dengue mosquito," Gunewardene explained.  

Wanninayake added that every seven days the bacteria has to be introduced to excessive areas where the dengue mosquito breeds. "Small containers, tins and yoghurt cups are the most common breeding places for these mosquitoes. The dengue mosquito breeds in clean water. Most people in areas where water is scarce store water in tanks and wells. These tanks and wells are not protected and are easy breeding grounds for the dengue mosquito," Wanninayake said.

Journalism Awards for Excellence

This year's annual Journalism Awards for Excellence programme jointly organised by The Editors' Guild of Sri Lanka with the Sri Lanka Press Institute will be held next Tuesday (July 14) at the Grand Ballroom of the Mount Lavinia Hotel. The 10th consecutive annual event aimed at recongising professionalism in journalism and rewarding excellence during a particular year culminates with an Awards Night.

Over 400 guests have been invited for the gala event which will also commemorate the services of those who have defended press freedom in Sri Lanka in 2008, and carried out their professional duties amidst severe odds, including a reporter who lost his life in the line of duty.

Among the Awards to be presented would be the Mervyn de Silva Journalist of the Year, the Upali Wijewardene feature writer of the Year, Prof. Kailasapathy Award for reporting under special circumstances, B.A. Siriwardene columnist of the Year, Subramaniam Chettiar Award for social and responsible reporting etc., which have been selected by an independent panel of judges from among media practitioners and academics. The joint organising committee has also selected the winners of the Sepala Gunasena and D.R. Wijewardene Awards.

This year, the Lakshman Kadirgamar Foundation will sponsor a full scholarship for the winner of the Denzil Peiris Young Reporter of the Year. The chief guest at this year's event will be Aruna Roy, the well-known Indian social worker.

Dengue eradication is not feasible...

Dengue eradication is not feasible and it is likely to be a problem in Sri Lanka for some time, a report published by the Epidemiological Department said.

The report said "it is not feasible to eradicate dengue from Sri Lanka anytime in the near future. A well organised vector control programme can reduce the number of infections but dengue is going to continue to be a problem for sometime," the latest Weekly Epidemiological Report (WER) said.

The report added only Cuba and Singapore, of more than 50 countries with dengue had succeeded in controlling dengue by reducing mosquitoes.     

According to the report, the adult dengue mosquito mostly lives indoors and lays its eggs in a variety of water-holding containers commonly found inside and around the houses.

"Large scale outdoor spraying of insecticides is of limited use because the chemicals do not reach the adult mosquitoes inside the homes," the report said.

According to the Epidemiological Department, 16, 179 cases and 170 deaths due to dengue had been reported as of July 10.

Correction

In our Spotlight titled "The man who changed Sri Lankan journalism" last Sunday the author's name was inadvertently printed as Rohan Pethiyagoda.  Pethiyagoda was not the author of this article and has informed us that he does not wish to be associated with the views expressed therein. However, he was in fact the author of another article in the same issue of The Sunday Leader of  July 5, 2009, "A review of An Adventurous Journey - from peace to war, insurgency to terrorism by General Cyril Ranatunga." We apologise to  Mr.Pethiyagoda for any embarrassment or pain of mind caused him by this error.