No Justice, Just Us Rajapaksas
If Mahinda’s shawl could speak it would say – “There’s no justice, it’s just us.” The legendary descendants of DA Rajapaksa are the custodians of the nation and, though the enemies may shift, whatever their enemy is at the time is the enemy of the nation.
Once it was KP, battled by General Fonseka. Then it was candidate Fonseka, tormented by Mervyn Silva. Now it’s Mervyn Silva, ridiculed by Speaker Chamal Rajapaksa.
The only constant in Mahinda Rajapaksa’s world of disposable allies (Chandrika, the JVP, Fonseka) is Mahinda Rajapaksa, and what they can do for him. Sarath Fonseka finds himself on the brutal end of this court of justice, being just only in the sense that it is inadequate. It’s just enough court to make the thing look legal. In reality, it’s closer to a King’s court than anything else.
Sarath Fonseka was stripped of his rank ostensibly for political activity while in office. The trial was delayed so much that the public lost track and then it was called precisely when the court knew Fonseka would not have legal representation. Then, predictably, he was convicted. Fonseka dismissed the conviction saying he expected worse in the future. Which he should. Like the imprisoned journalist Tissainayagam, the Rajapaksas look committed to using the court system as a weapon, relieving pressure only at their discretion.
The case is not really about politicking in office. Gotabhaya Rajapaksa campaigned as a diplomat, Mahinda made avid and avaricious use of public property and funds, including Temple Trees. Other candidates campaigned in uniform and Fonseka at least resigned (and asked Mahinda) before he went ahead. This trial was essentially about two strong men who fought for a stick, and Mahinda won. Now he’s beating Fonseka over the head with it. Sadly, that stick was once our justice system, and now it’s just a family club.
Lawyers are not necessary here, nor are constitutional experts. Any street dog can understand what’s going on. Fonseka thought he could be the alpha male but he couldn’t. So now he’s getting hit. This all makes sense and it’s all quite reasonable, but what does it mean for the average Sri Lankan? If we have street rules in the highest court, what does that mean for the street?
Mahinda Rajapaksa is using the machinery of the state to promote himself and his children, but in the process he’s destroying the justice system that could promote real equality in this country. From the Tissainayagam case to the long-running immunity of Mervyn Silva to the Fonseka case, the Rajapaksas have shown that the Executive is the power that be. Sarath Fonseka knew it as well, and that’s essentially what they fought over. The right to vengeance.
General Sarath Fonseka had been the right hand of the Rajapaksas, and that was the hitting hand. He knows full well the freedom to strike out at opponents and the impunity the powerful enjoy. The reason he ran for President was not country first or believable change, but simply the chance for revenge. To put the Rajapaksas in their place, to try them, convict them and – if Mahinda was to be believed – perhaps bury them underground. Those were the stakes of this Presidential election which is perhaps why neither Fonseka nor his family are surprised.
The 2010 election was about vengeance, which is why it was so bitterly fought and why Mahinda used the full machinery of the state in a largely illegal campaign. If he didn’t and he lost, Fonseka would have used the machinery of the state against him and his family. But Mahinda did it first, and Fonseka was probably a fool to try. Because he didn’t even try that hard. But Mahinda is convicting him as if he did.
If Fonseka had been as ruthless as Mahinda, he would have staged a coup. He would have promised the moon to officers and politicians and dumped them when he was in. He would have used whatever state resources at his disposal to get in and he would have got his family involved, including his son in law.
Which is what makes Fonseka different. He fought the war ruthlessly, but he is not as fundamentally ruthless as Mahinda. Which Mahinda seems to find confusing. So he’s convicting him of being Mahindesque anyways.
Fonseka is being tried for political activity in uniform, for corruption, for his son-in-law’s corruption and more broadly for planning a coup. All things Mahinda would have done, and did. Mahinda used his Presidency for political activity, he used public funds and he got his family involved. It was an electoral coup, but Mahinda certainly marshalled government buses, government ministers, government printers and, in the end, surrounded the opposition candidate with troops. If he had lost (which was pretty much technically impossible, like Sri Lanka winning the 2007 World Cup in darkness) Fonseka would have convicted him for all his illegality, but he didn’t. And in Mahinda’s world, that’s all that’s illegal. Losing. That’s all he seems to understand.
So who cares? That’s how it’s settled in the street and that’s now how it’s settled in the court. What are the consequences for anyone besides the man that lost? The consequences are not for this generation which vaguely remembers that something is wrong, the consequences are for the next which will grow up thinking this is right. More harmfully, it is for those who are right but who grow up in a country dominated by the powerful and the connected, that get run over, their lands taken, the opportunities curtailed and that grow up feeling deranged because even the Supreme Court says their wrong.
This system will even bite Mahinda if he fumbles power or if his family falls apart because he’s set a precedent where losing a power means losing freedom. Where fighting fair is being dumb and fighting dirty is coming out clean. Where opportunity is just opportunism and where freedom is for the few.
Mahinda is giving future generations a system based on him, but he won’t live forever. In the process he’s taken a country with a fumbling justice system back to jungle law, where power prevails and where might makes right. Fonseka enjoyed this for a while, but now he’s feeling the other end of the stick. In time many more will, and many will grow up knowing nothing else. This is the reign of the first Rajapaksa king, and true democracy looks a long way away. For now we will know justice as vengeance, law as ritual and the court of law as a King’s court, bound to his whim.
Oooh! Looks like I am the first to comment on this very interesting article. Trying to figure out whose side is The Sunday Leader? :Justice as Vengeance” sounds interesting ha! Very surprised that SF is still alive with so many innocent folks vanishing I am surprised he is still hanging around.
SF is alive because he is in custody.
Good article! Lal your correcr General is a live because he is in custody. God Bless him
Was D. A. Rajapaksha of the same caliber as his children????? I thought he was a great man, seriously
Fredrica’s is usully on the wrong side of the isle, when it comes to fact finding. refer to the D.B.S Jayaraj’s article if you want to know how Fonseka planned a ruthless coup on the eve of the election..
Is the Editor saying Fonseka doing politics in Uniform was correct? If he was allowed why not other officers . If he was not punished will not future officers also do politics in uniform. Any Army Commander if given the chance would have led the army to victroy. But they was no proper leadership before. And they were not given the resources. The editor is critical about his family in politcs. If Gota was not the Secretary a career officer would have put all the spokes to the war. They would have bought over. Gota having fought in the war was determined to end. For 30 years we had the war and Sunday leader was against the war for obvious reasons.
Did you hear Jagath Jayasuriya’s addresses to the troops? Better go in to the archives and check them out.
yes Jagath Jayasuriya sang for his supper in uniform like there was no tomorrow. shame on him he is the one who did politics in uniform and the others who came on state television!!
The problem Mr. Samaraweera, here is, some other senior officers were allowed to talk politics through media but got away because their talks were in support of MR’s campaign.
What ever Sunday Leader Says They can stil print and publish it and as such speaks for it self that What a set of lies its publishing The Editor and the paper is against any development of this country they want good old British rule and Rich mans rule instead comman mans government
This paper is always on the side of Prabakaran and Elaam and then its on the side of EU, US and the rest who wanted to do away with Sri Lanka its crying sheme realy to allow such a rag to be published but this shows that Sri Lanka is a free country If this paper is published in USA and if it had said half the things its saying about GOV buy now the editor and the crew would be missing in action
I thought the SL editor was killed in action, in Sri Lanka? No arrests yet? How so funny!
Lal – One cannot arrest this suspect, because he is the king’s second in command as Defence Secretary.
hahaahaa.. i know you r not living in the gost town..thats why u can even comment this way, lucky u
Prageeth, the fact that the spurious vitriol you spout is published tells me more about the Sunday Leader than the alternative rags you favour. Anyway, nothing is lost yet because you still read this glorious newspaper and one day you’d learn the value of a free press.
One very well written article.
Unfortunately not everyone will understand the writer’s thoughts in the way it should be read.
The rajapookse’s wont last for long. We will have a great deal to do and undo after their demise.
General Fonseka is definitely the man for the job. I think his thinking will change a great deal. He would have always been the better president and will be even better suited now.
Lets bring on the revolution…
Justifies your principle motto,”being UNAFRAID AND UNBOWED.When all others have become docile lackeys ,you remain the only single free press in the country.Perhaps your being so ,allows this government to tell the wolrd “look how we respect free media ,we even allow scathingly critical media freedom against the government” and “How democratic we are?”
motto should be UNETHICAL
THE FIRST DOWN FALL OF SF WAS FREDRICA JANZ & SUNDAY LEADER. WE WONDER TO THINK IF ACTUALLY SHE IS WORKING WITH THE GOVT AS YOU CAN NEVER TRUST HER. IF A SNAKE & FREDRICA COME IN FRONT OF YOU KILL HER FIRST AS SHE IS MORE POISONOUS!
Absolutely correct. It was Fredrica’s article that started SF’s downfall!
SF was a goofy boy who had intention of ransacking the peoples wealth just like the ones who is currently engaged in getting rich by cntrolling the every national projects. So the boys/girls who thinks SF is a wonder man who was sent by destiny of the nation, you all are wrong. The country is infested with so many corrupt individuals, they introduce themselves to the naive Sri Lankans as saviours. Now everyone is blaming the other for national ills., They blame Media, opposition, and the international community. Enough is Enough, why don’t we (the people) realize that all the politicians in Sri Lanka are no different from “Ali Baba and Forty Thieves” and unite to form an alternative solution under a leader who is unquestionably a decent and ethical and belongs to the real people of Sri Lanka.
JUSTICE IN PIECES.
WHAT WE WITNESS IS “INJUSTICE IN PRACTICE”
TELL ME ONE GOOD THING MR HAS DONE AFTER HIS “ELECTION”
RETRIBUTION WILL COME AND SOON FOR THE PERSECUTION
OF SARATH. WHERE ARE THE MAHANAYAKES ? LIVING IN FEAR
IS THIS BUDDHISTIC JUSTICE.
VERY SOON THE RAJAPAKSES WILL BE LEFT ONLY WITH THEIR BROWN SHAWLS. IT WILL BE USEFUL TO HANG THEMSELVES BEFORE THE PEOPLE DO IT.
FREDERICA CAN USE HER “SARE POTA”
dont blame frederica jouns, may be she is doing this in order to save her life not being killed as lasantha..?? who knows.. may be this is the smartest way to live in gost town
Previous leaders did the same mistake. ultimately When President Premadasa was killed By LTTE suicide bomber Sinhalese in the south exploded crackers in celebration. Rajapakses think they are untochables for the moment but situation could change any moment. Don’ know how but lots of strange things happened within the last two years. nothing is permanant. then Rajapakse will face the same fate as Premadasa one day.
Wellsaid Wijebahu. very true . It was none other than MR who cooked kiribath at the death of Premadasa. Rajapaksha’s will certainly have their turn.
Thanks lot your brave reporting. In SriLanka nobody could fool the population.
Yes Palipana. It is true. But the “will of the people” can be robbed very easily.
Hats off to this writer, just keep it up don’t succumb to intimidation.
There is so much you could criticise this government on, but this is a write up second to none in its wretchedness!! Is Fredrica losing the plot as well? Just not quality work backed by proper research but a piece of tabloid garbage filled with the author’s wishful thinking, decorated with hearsay. A broadsheet reader deserves better. For example, even if SF wished to launch a coup, he would dare not do so. Many high ranking officers dealt directly with Gota than SF since the beginning of the last phase of the war. SF was not everybody’s darling, and he himself has said it. But this author believes, otherwise. What nonsense! Also which incumbent president resigned before an election? What did JR do? He suspended Sirimavo’s civic rights well before an election and used all his might to defeat such a weak candidate in Kobbekaduwa in the first ever presidential election. State machinery was used by the ruling party candidate ever since. Were you born only yesterday? There is so much low quality garbage in this letter. Are there any permanent friends or foes in politics anyway? Just take Mangala and SB, who did they go shopping with (or for), but who are they having supper with now?
Of course Rajapakses will not last that long if they do not do things right, but SF will have a hard time in proving his innocence on any charge levelled against him in majority’s eyes, because there’s so much believable proof. The large sums of money found in Lady Asoka’s safe wallets and Danuna’s hide and seek games are just two to name. Every time SF opens his mouth, he spits venom, he in fact breathes out venom. He believes he will be a Sri Lankan version of Mandela one day. But the irony is he will be 87 in 27 years. Sad his wife and daughters can’t see the truth.
Great article, well thought out and well written.
This is a well written article but unfortunately it contains numeroud inaccurcies:
1) There’s nothing you can name, the descendants of the revered D A Rajapakse, had or have done to sully his good name.
2) Mahinda Rajapakse (MR) has not raised a single finger to interfere with the judiciary, be it the military or otherwise, in the conviction of Sarath Fonseka (SF) . SF did it all by himself, with the help of his relatives and a few sycophants under his then command. SF now has been convicted on only a few misdemeanours. There are numerous others in the pipeline and the courts should be busy for quite a while. MR would not intervene even if he wanted to.
3) Journalist Tissainayagam was found in breach of Emergency Laws that I too did not agree with. I am sure, so did MR and to his credit did not interfere with the court’s decision. However, as soon as he was able to, we see that Tissainayagam has been released and most probably pardoned as well.
4) You talk as SF sought consent from MR to contest the election, from the goodness of his heart. Nothing of the sort. SF was a serving officer with a year and a half of his tenure left and MR was his boss. If SF was considered the major threat you infer, MR could have just as easily not have accepted SF’s resignation and delay his political aspirations (mistakenly) for at least a year and a half.
5) You must be naive to think that, had he, SF, won the Presidential election he would have buried only the Rajapakses. What influential position do you think the master criminal (now fugitive) son-in-law would hold and possibly hasten the collapse of the army and promote a military junta in its place. We know how much under obligation to the US government SF is that sooner or later we would be sending troops for the wars they wantonly start in the name of Democracy – their version.
Wake up Anwar. are you actually pretending to be deaf, dumb and ignorant? or have you been abroad too long? If you still have no understanding of how things are done in SL, you should not call yourself one!
Anwer or is it Azwer you seem so dense its a wonder if you can see yourself in a mirror. Be it the Chief Justice, a district judge , the attorney general all these appointments are made by the President as a result of the 17th amendment to the constitution not being implemented. The Police chief, army commander all these persons were appointed by-passing more qualified, senior and more worthy individuals. All these people are under obligation to the king or it is off with their heads.
So wake up Azwer do not sing so much for your supper, have a spine, what is wrong is wrong whoever does it.
Ian D.S. You are right, the President as the ultimate employer has a hand in selecting his employees, but to safeguard the principle of ‘Segregation of Powers’, once these people are appointed, the President cannot sack them without just cause. E.g. Sarath Fonseka was appointed to high office by the President and it was Sarath Fonseka who resigned. There was no one more unjustifiably critical or vindictive of the President than the former Chief Justice Sarath Silva; and despite his biased and diabolical sentencing he continued to have a free hand. The President’s appointees are under no obligation to dance to his tunes, quite rightly so.
Every government in power has always used the state machinery to its fullest when campaigning elections. This one was no different, so let’s not pretend that it was.
It will be good if the articles in your paper could be e-mailed to friends,
by readers.
[...] Mahinda Rajapaksa is using the machinery of the state to promote himself and his children, but in the process he’s destroying the justice system … From the Tissainayagam case to the long-running immunity of Mervyn Silva to the Fonseka case, the Rajapaksas have shown that the Executive is the power that be. http://www.thesundayleader.lk/2010/08/22/no-justice-just-us-rajapaksas/ [...]
Api thavamath duksusum helamu.
All you can do is call me names for telling facts as I see them and without bias or prejudice. I’ve never said the Rajapakses were perfect, but they are the best amongst the lot we have. The alternatives are much too dire to contemplate.
shaik anwar, you are right. MR AND FAMILY IS THE BEST LEADERSHIP WE HAVE EVER HAD. they saved the country for our future generations. do not mind those ignorant people.
Thank you Mohamed Asfar. It is indeed difficult to educate these morons but I certainly try – You can take a donkey to water but you cannot make it drink. It’s a measure of an unbiased newspaper when both sides hate you for what you print.
Anwer the recipe for perpetual ignorance is : be satisfied with your opinions and content with your knowledge. Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
The two pillars of political correctness are 1. Willful Ignorance and
2. a steadfast refusal to face the truth.
True Anwer, MR and Gota played an important role in winning the war.as did SF. True magnanimity and true leadership would never make a man destroy another just because that person holds a different view. Voltaire once said ” I may not agree with what you say, but I will defend with my life your right to say it”.
It is the actions of the Rajapaksha’s and their unbridled corruption, their lack of direction for the country, the blatant nepotism, the string of broken promises, their sheer contempt for the rule of law, and the sheer greed to prolong their hold on power since the end of the war has made them an object of ridicule.
And the issue is not only must we condemn them , but we must bring them back to face justice one day.
And Anwer if you bring your Donkey to the Water I’m sure MR will find a wayof persuading him to drink.
In case MR fails to pursuade, Gota will HANG the Donkey.
Fredrica Pining for some Gota juice !
Ian D.S. Perhaps I am stupid because I cannot seem to find the evidence that you have found to accuse the Rajapakses of “unbridled corruption”. Please tell me where I can find them. However, what I have found is evidence of downright fraud, embezzlement, sexual abuse, bullying and abuse of power etc. published in the Asian Tribune some time ago, as perpetrated by General Sarath Fonseka, and awaited a response but nothing happened. Not even a vague rebuttal. If these accusations were not true, General Sarath Fonseka would have sued the pants off Asian Tribune for defaming his character, but he didn’t. Anyway as events unfold, all these accusations against the General are getting proven in the courts and him being convicted. It amazes me that this is the type of man you are rooting for as the alternative to the Rajapakses.
God Forbid Anwer I do not root for SF in any way , you miss my point I want good old fashioned Justice and Fair play. If you say yo fully agree with the treatment given to SF and the treatment given to KP …… I rest my case.
Corruption : Try Helping Hambantota, 840 Million spent by Namal on private TV stations on advertising during the presidential elections, 40- 60 million paid for an MP to crossover I can reveal much more but then I will have to reveal who I am …… that would literally be murder.
What lunatics….these readers, SL you better stop writing as these dense skulls don’t take any fresh thoughts and are highly opinionated all based on wrong assumptions that suits their sorry lives. It may be better for the Leader to start training dogs (more intelligent). These vagabonds would rather walk the streets and see from where they could rob the next meal (most appropriate these days) than fight on moral grounds !
Well said, absolutely correct.
Whatever it is great General’s life is on danger, let’s get up against this brutal revenge.