23rd  February 2003, Volume 9, Issue 32

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POLITICS

An opposition in disarray

Inside of politics

By Suranimala

While the opposition was in disarray last week following successive defeats in parliament, the government was slowly but surely tightening its grip on the economy by attractive massive dividends on the strength of the peace process.

If the opposition was hoping to sow the seeds of discontent and reap a rich harvest from the government ranks to topple Prime Minister Ranil Wickremesinghe's administration through a parliamentary coup, then the events of last week effectively shattered all such hopes, in the process bringing into sharp focus how deep the divisions within the opposition are.

No confidence motion

Having agitated for over two months to fix the dates for the no confidence motion debate on Defence Minister Tilak Marapone, when it came to crunch time, the opposition failed not only to put up a credible fight but could not even muster its own numbers with none other than former Prime Minister Ratnasiri Wickremanayake making a telling point by walking in to the chamber five minutes after the vote.

Even more telling was the decision of former Foreign Affairs Minister and President's International Relations Advisor, Lakshman Kadirgamar opting not to even attend parliament, instead making his presence felt together with the President at a five star hotel for the inauguration of the South Asia Foundation Regional Cooperation through Education and Substantiable Development Forum.

Furthermore, Ferial Ashraff, one of the movers of the motion, thought it more important to attend a peace workshop in Austria and took wing days earlier.

In sharp contrast, Constitutional Affairs Minister G.L. Peiris, who had a scheduled visit to India and meetings amongst others with the President of India, cancelled the visit to make himself available in parliament. Likewise, Education Minister Karunasena Kodituwakku who was attending a conference in Europe returned to the country on the eve of the debate and left 48 hours later for another conference having cast his vote in parliament.

The lack of discipline and commitment to a cause was thus clearly evident amongst the PA ranks and the end result was a resounding defeat of the opposition motion leading to crippling demoralisation amongst its ranks with all the minority parties, TULF, ACTC, PLOTE, EPDP, TELO and the SLMC too voting with Marapone.

Thus, the message was loud and clear there was no hope of the opposition manoeuvering a parliamentary coup in the foreseeable future and the perception sections of the opposition including PA Media Spokesman Sarath Amunugama created that a large number of UNPers were waiting to crossover was debunked on the floor of the House in one fell swoop.

Such was the margin of defeat, even if any UNPers were toying with the idea of a crossover, then the ill conceived opposition strategy would have put to rest any such thoughts.

But it was not the entire opposition that was unhappy with this scenario, the JVP being one such party.

The JVP strategy in the eyes of many SLFPers is to divide the party and capitalise on it by showing the blues as a weak opposition unable to take the fight to the government and this objective they achieved in ample measure last week.

JVP takes centre stage

While the JVP set the opposition agenda in parliament ably supported by President Chandrika Kumaratunga, it has also successfully hijacked centre stage, showing a united front in the face of deeply divided PA and SLFP groups.

The JVP, they believe, is also holding out the hope to the President of working with the SLFP to defeat the UNP and put her back in the driving seat while in actual fact strategising to weaken the SLFP and the PA by liaising closely with a group headed by Anura Bandaranaike to divide the blues and also the PA by forcing Kumaratunga to extremist positions on the peace process, thereby isolating the LSSP and CP.

Kumaratunga knows fully well, if she is to get back on the driving seat, the UNF has to be ousted in parliament or at a snap general election, both of which are even if remotely possible can be achieved only with JVP support.

That is the very carrot the JVP is effectively using to lull the President and the SLFP into a false sense of complacency.

For, the JVP too realises, by dividing the SLFP and eventually weakening the President, it is the Marxists that stand to gain at a future general election where Kumaratunga is not a key player.

The JVP knows only too well, if it strengthens the hand of the President and the SLFP at this point of time and Kumaratunga decides on a snap poll, it is the blues that stand to gain, whereas if the JVP while flirting with the SLFP by holding out the prospect of marriage, dumps it at the last moment when Kumaratunga becomes a lame duck President, the reds will be able to maximise their electoral gains at the expense of the SLFP.

And the JVP also knows there is a battle for supremacy in the SLFP between Opposition Leader Mahinda Rajapakse and Gampaha District MP Anura Bandaranaike, particularly to be the party's next presidential election candidate and is using Bandaranaike's penchant for creating internal divisions to the optimum by projecting him as their new messiah, a dead rope he has fallen for hook line and sinker.

It is these factors that have primarily led to the opposition being deeply divided which divisions surfaced openly after the parliamentary debacle last week.

In fact former Parliamentary Affairs Minister Jeyaraj Fernandopulle made his thinking known well before the debate when Opposition Whip Mangala Samaraweera approached him to speak on the crucial vote.

Fernandopulle, a devastating debater when in full flight capable of pushing any opposing side to the wall told Samaraweera he does not believe moving a no confidence motion against the Defence Minister at this point of time was a prudent move.

Stating that the SLFP was the single largest party and should not be working to the JVP agenda, Fernandopulle went on to say if the motion is defeated by over 40 votes, it would have a severe demoralising effect on the parliamentary opposition.

"The President we are told is preparing a charge sheet against Marapone. Then why not act on it without the opposition having to debate his case in parliament. What would be the situation if the motion is defeated by over 40 votes? Then the President's charge sheet goes for a six and no action can be taken. Think wisely before jumping into these situations," Fernandopulle warned.

The former Parliamentary Affairs Minister of the PA government made his thinking known on this issue to Anura Bandaranaike as well and in particular to the JVP Parliamentary Group Leader Wimal Weerawansa the very morning of the debate.

Said Fernandopulle to Weerawansa, "By your suicidal approach, you are only giving him additional clout."

And the voting at the day's end proved Fernandopulle right.

Debate debacle

And soon after the vote was taken, several PA MPs including the likes of Jeyaraj Fernandopulle, A.H.M. Fowzie and Richard Pathirana were highly critical in the corridors of parliament of the bankrupt strategies adopted by the opposition, which they said had only helped strengthen both Marapone and the government.

The debate debacle was only the flashpoint for the pent-up frustrations of the members, some of whom other than Fernandopulle were also refusing to speak on other debates following reports that the President had axed several sitting MPs from their SLFP organiser posts.

Among the names bandied in the corridors of parliament following reports to that affect in the SLFP newspaper were Jeyaraj Fernandopulle, A.H.M. Fowzie, Richard Pathirana, M.K.D.S. Gunawardena, Sarana Gunawardena, P. Chandrasena, S.B. Nawinna, Soma Kumari Tennekoon, Thilina Tennekoon, Wickramaratne, and Bharatha Lakshman Premachandra. All names mentioned were reportedly in Mahinda Rajapakse's camp.

This speculation promoted Gunawardena from the Trincomalee District to decline speaking on a debate dealing with the security situation in the Eastern Province, stating he will not seek to prop up a party that is planning to cut his neck.

Finally with the issue threatening to split the PA parliamentary group right in the middle, Opposition Leader Mahinda Rajapakse spoke to SLFP General Secretary Maithripala Sirisena and urged him to deny reports of changes in organiser posts which Sirisena duly did.

However, the seeds of doubt cast following the report in the SLFP publication stuck and the members fully realised, come an election they will be history as far as getting nominations are concerned.

All cylinders firing

Giving added credence to this point of view was the subsequent appointment of a new organiser in place of Fowzie in the Colombo District.

In a sharp response to those developments, former Minister Richard Pathirana came out all cylinders firing at a meeting convened by Public Administration Minister Vajira Abeywardena last week.

Pouring cold water at the threat of an early Southern Provincial Council election, Pathirana said if such an elections is held he would be prepared to contest for the chief minister's post on the UNP ticket if given to him.

Within minutes of this announcement, Prime Minister Ranil Wickremesinghe sent out a message through an intermediary to Pathirana he was supportive of such a move.

These developments in the opposition which effectively put a damper on the possibility of a snap poll has given the Prime Minister more breathing space to consolidate the economy leading upto the Tokyo donor conference in June, thereby strengthening the overall government position to meet the challenges ahead.

The first positive signal in this respect came with Japan pledging to Prime Minister Ranil Wickremesinghe in Colombo last week through Special Envoy Yashushi Akashi a Rs. 26 billion (approximately US$ 270 million) aid package despite opposition claims that no aid should be given until the LTTE lays down arms. None other than PA Media Spokesman Sarath Amunugama said so publicly making it the official position of President Kumaratunga's party.

In this context it is also significant that barring one project, all the monies pledged were for development projects outside the north, with the resultant employment generation in the south.

In political terms, monies coming in such large numbers is no doubt suicidal for President Kumaratunga, who in writing to Prime Minister Wickremesinghe cast aspersions at the role of Japan in Sri Lanka in relation to their business interests.

Following hot on the heels of the Japanese pledge was a commitment by US Deputy Secretary of State, Richard Armitage on Friday, February 14, that the US too would be making a substantial pledge to Sri Lanka at the donor conference in Tokyo.

Peace process a role model

Speaking at the Centre for Strategic and International Studies, Armitage, who sought to project Sri Lanka's current peace process as a role model said - "Indeed this may be a key moment, when an infusion of such international support can add momentum to the peace process, helping to stop 20 years of abject human suffering and to smooth the ripples of grief and terror that have spread from this tiny island nation through the region and even around the world. This may be the moment when international support can help to spring this country into prominence as a recovering victim of conflict, terrorism and human rights abuses, but also as a respected participant in the global community. And while I wouldn't want to oversell Sri Lanka as a model, this brew of caste, class, religion and race has its own unique flavour - perhaps this is a nation with lessons to offer the world about how to move from despair to hope, from intractable conflict to workable concord and indeed, about how the international community can engage and support such conflict resolution,"

Later on Armitage had this to say - "In November, Norway hosted a conference to orchestrate this international support, and where the Norwegians led and where they lead, we the United States are delighted to follow. I was pleased to attend on behalf of the United States and to pledge $ 8 million in support of programmes that meet immediate humanitarian needs, as well as a little over $1 million for demining. In June, it is my intention to return for the follow-on meeting of donors, which Japan has graciously agreed to host. And at that time, I believe, with a certain assurance, that I will be able to announce significant further assistance to Sri Lanka for both humanitarian and economic aid."

While these positive signals were coming from the donor community, the IMF too was expected to finalise by end March a US$ 500 million poverty reduction and growth facility, which in overall terms could lead to Sri Lanka looking at well over a billion dollars overall after the June donor conference.

At the same time, in order to make the donor conference a success, the Japanese are working overtime, and have now fixed three meetings in Colombo, Brussels and Washington to prepare the ground work for total success with the World Bank and the IMF.

Corrective measures

Of course, for the country to benefit from these facilities, the peace process must hold and tough corrective economic measures have to be taken and this the Prime Minister has done despite short term political negatives.

However, he knows only too well by year end, these tough decision will reap economic rewards for all the people pushing the government's political fortunes also way up.

It is this situation, to the detriment of the country, the President has tried to block albeit unsuccessfully because politically it would set back not just the PA but Kumaratunga personally with no hope of revival before the 2005 presidential election. Hence the brickbats on the peace process, the US, Norwegian and Japanese role in Sri Lanka, not to mention the agitational campaigns, the next of which she has entrusted brother Anura Bandaranaike to organise with the JVP for March 10.

The idea of course is to derail the peace process and with it the aid packages but unfortunately for the PA, it is not only being increasingly isolated by the international community for its stance but also the minorities, making it impossible for the President to present a viable alternative to the country. That is apart from the deep divisions within her own ranks due to the alliance with the JVP and the role of Bandaranaike.

That would necessarily lead to the question as to how Kumaratunga hopes not just to settle the ethnic issue but put right the economy without international assistance.

In such a situation, if the President dissolves parliament, not just the wrath of the international community but also the electorate would be on her and she now knows it only too well, thus resulting in shelving the idea of a snap poll.

For Kumaratunga, it is now a catch 22 scenario despite the rising cost of living. Then again, hell hath no fury like a woman scorned.


The enigma of achievement

This column is for ordinary young people, from ordinary homes, prepared to dedicate their lives to achieving the extraordinary.

It is for young people with the burning desire to reach out and do the unthinkable and impossible against all odds. The writer does not beat around the bush; he is brutal, blatant, forthright and passionate. So sit back, relax and set your mind on fire  

The enigma of achievement has long been a rich subject for analysis and debate. I don't intend to analyse or debate. Instead I will share some of my personal opinions on what it takes to inspire yourself and achieve.

In an unforgiving world there's little respite for the weak and weary. In order to remain competitive and reach your goals certain qualities need to be thawed out and attitudes honed. Yes, you've probably heard this a thousand times. But stop to ask yourself this: Am I living my life just to get through it, or am I dedicated to making something out of it? 

Ambition

Setting yourself a goal in life is not easy. More often that not, you end up doing something you never thought you would. In the purest sense of the word, one would have to be specific when talking about his or her ambition in life. This however, is like predicting the weather. The uncertainties of life are such it is near impossible to set yourself a specific ambition. However, being ambitious is a totally different story. The more ambitious you are, the more likely you are to get somewhere in life. It's certainly not a vice. Being driven by ambition makes ordinary people do amazing things. It is the fuel that powers people to run faster and reach higher.

Drive

Drive yourself to achieve. Once you set your mind to achieve, you need to drive yourself there. Wherever your destination is, remember there's no chauffeur. It's your foot that's on the gas.you're in control. Brand this into your mindset, and never forget it. Ambition is nothing without drive. We often just sit back and wait for things to happen. That is good enough for the faint at heart. As a passionate result-driven achiever, you've got to make things happen. Whatever your job function is, roll up your sleeves and just do it. Don't wait for anyone or anything. If you have an agenda for your life, don't wait for others to decide your destiny. Take a hold of your life with both hands and drive yourself.

Passion

At some point, we tend to tire and wilt under the pressure of constantly keeping our guard up and maintaining peak performance. It is at this point that passion takes over. Turning your desire to achieve into a passion, to almost an obsession helps avoid burn-out and deal with failure; failure after all is part and parcel of winning. Only those who have failed can truly savour a win. You are bound to encounter daunting obstacles on your journey. It is no popularity contest, and you will be crushed to the ground and stamped on. Simply stand up, shake the dust off your shirt, and climb back into the ring. In boxing parlance, it is not about how many times you're knocked out, it's the number of times you get up. Push yourself to keep going, when there's no hope or end in sight. It is at this point that the ambition and drive to achieve turns into a love affair.  It harnesses energy that we never knew we had. Passion taps into reserves that motivates us even in the most hopeless  of situations.

In conclusion, remember that no matter how you see it, you aren't detached from the laws of nature. Instead, unbeknownst to most of us, our lives are governed by the same law of the jungle that decides which lion gets to be the leader of the pack. This means that no matter how orderly, fair and civilised the world appears to be, it is the most adaptive that survive. It may sound unrefined but it's harsh reality.

At the end of the day, you have no one to back you up but yourself. Don't expect anyone, anywhere to be there for you except the person you know best: you. Have faith in yourself and confidence in your abilities. If you don't believe in yourself, how can you ever expect others to! Make a pact with yourself to appreciate the fact that you are special and unique. Never let your self down - there's nothing egocentric about that!

Do send your comments and views. I will include the more interesting opinions in future columns. E-mail them to: chevaand@mastsl.com.


The pain of seeking justice

By Frederica Jansz 

Anthony Michael Emmanual Fernando, (48) is an English teacher at the Milinda Moragoda Institute at Narahenpita, near Polhengoda. When we visited him at the Colombo General Hospital he was lying in bed No 3. in Ward 75 with one leg chained to his bed and another hand chain dangled from the ceiling to chain him at night. A police guard stood by, refusing journalists access to Fernando.

Insisting we speak with him, we asked Fernando if indeed he had suffered an assault by prison guards. He nodded assent shifting over to show a bruise at the base of his spine.

A scan is scheduled for Saturday he said, reiterating that while he cannot name his attackers, he could certainly identify them. That Fernando's spine is not broken is obvious by the fact that he is able to move.

What other internal damage may have been caused will of course be determined after the scan. Anthony told us he had been kicked repeatedly by prison guards in his spine.

That Fernando is a maverick is certain. Listening to his father Ossie Fernando recount Anthony's debacle with justice is a bitter pill to swallow. Anthony's encounter with the judicial system and Sri Lanka's Chief Justice (CJ), Sarath N. Silva began late last year.

Violation of natural law

President's Counsel Desmond Fernando strongly criticised the conduct of the Chief Justice in this case, asserting that Sarath Silva's hearing of this case "is both illegal and in violation of the basic rule of natural law." (See box for comments)

Anthony's tryst with the law began three years ago. Having previously worked at the Young Men's Christian Association (YMCA) in Fort, Anthony's services were suddenly discontinued with no reasons given.

Anthony approached the then Labour Minister, Alavi Mowlana seeking relief and was promised that Labour Commissioner Daya Senaratne would address his case. Anthony was not seeking to be re-instated at the YMCA but was demanding compensation for his abrupt termination of service.

Senaratne, having heard his case, ruled that he be granted compensation at the rate of Rs. 5,000 per month for 10 years. This monetary allocation, however, he never got. Later, the Labour Commissioner handed over the case to his assistant. The latter ordered for the case to be heard by the Labour Tribunal.

Here, Anthony was granted only one year's salary as compensation inclusive of his ETF, EPF and cost of living allowance. Although it was granted, he however did not get his cost of living allowance.

Anthony went back to Daya Senaratne and appealed once more. The Commissioner, however, did not give him a hearing. He then took his case to the Ombudsman, Justice Ranaraja. The latter finally sent three of his people for the hearing at the Labour Tribunal, but the judgement this time was given in favour of the YMCA.

It was at this stage that Anthony's saga with the Supreme Court began. Petitioning the court, Anthony charged his fundamental rights had been violated. He cited the Labour Tribunal and the Ombudsman as respondents.

Compensation

In his petition, Anthony also referred to a spine injury he had suffered after falling down the stairs of the YMCA. He demanded compensation for this injury.

The Supreme Court ordered the YMCA to make a payment of Rs. 5,000 to Anthony within a period of two months as compensation for this injury. The monies were, however, not paid to courts but deposited three months later at the Labour Tribunal. Anthony did not collect the money.

Instead he had by this time filed another fundamental rights petition in the Supreme Court seeking redress for not having received the payment within the stipulated two month period. This time he cited the attorney general also as a respondent.

When it came up for hearing CJ Sarath N. Silva was on the bench. By this time Anthony had also petitioned parliament. The CJ had stated that this was a matter that could be settled by parliament, which decision Anthony accepted.

However, when he later sought to get a copy of the CJ's order it was refused to him. On this basis, Anthony filed another fundamental rights application, this time citing the CJ as a respondent as well as the registrar of the Supreme Court.

Anthony was never represented by lawyers. He says he could not afford a lawyer so instead fought his own defence. Apart from being an English teacher, he is also President of the Private Lakjana Sevaka Human Rights Protection Organisation.

When his second petition came up before a three bench judge of the Supreme Court, the CJ did not preside. Instead, the bench consisted of Shiranee Bandaranayake and two other judges who sat with the CJ in the previous instance when Anthony's case was heard. At the beginning of the hearing, these two judges informed Justice Shiranee Bandaranayake that this case had previously been heard and dismissed.

Anthony had immediately responded asserting his case had not been dismissed and that his request for a copy of the CJ's order had not been given to him, while the CJ had advised him to take his case before parliament. Anthony cannot recall the names of the two judges he referred to in this instance.

Justice Bandaranayake had meanwhile heard the case and given another order. When Anthony requested for a copy of that order too, he claims he was not given one.

Objections to CJ presiding

Once more, Anthony filed a fundamental rights petition, citing Chief Justice Sarath N. Silva, the attorney general, the registrar of the Supreme Court, Justices J. A. N. de Silva and T. B. Weerasuriya as well as chairman and secretary of the Judicial Services Commission as respondents.

When Anthony had requested from the court secretary the date of this hearing and who would be the sitting judges, he was told the CJ would preside. Anthony had then objected asserting since the CJ was named as a respondent he should not preside on the same bench.

The Court Registrar had replied reiterating that Anthony could file a motion against the CJ presiding over this case. This was on February 5, a day before the case was to be heard this month, on February 6. Filing the motion on February 6, the day the case was to be heard, Anthony was once more informed that the CJ would sit on the bench to hear his case.

When the case was called Sarath N. Silva had chastised Anthony saying, "You have come before this court for the third time and I am going to charge you for contempt of court."

Anthony responded pleading, "Sir, please give me a hearing." He then went on to inform the CJ that he had filed a motion in court that day protesting against Sarath N. Silva sitting on the bench for this case as he had been named as a respondent.

The other two judges on the bench were also respondents in the case, being members of the Judicial Services Commission which Anthony had cited as the third respondent in this instance.

Producing the government Gazette notification on constitutional affairs he read out passage 12 (1) regarding the fundamental rights of an individual.

Violation of human rights

He then translated the passage into Sinhala to the bench, reiterating that his human rights were being violated by the very bench sitting to hear his petition.

Visibly angry, Chief Justice Sarath Silva he claims snapped, " I don't want to hear you anymore," and charged him for contempt of court with no other reason given. He handed down a one year imprisonment with no fine.

The Chief Justice had then immediately ordered court security to take Anthony away. Taking him to the court registrar's room Anthony says he was kept there for a short while until prison guards were summoned to take him away.

Leading him to a prison van Anthony recounted that he was then driven to the Welikada prison. At the prison Anthony was told to change into prison garb and hand over the possessions on his person. After changing, Anthony claims he collapsed suddenly in a faint and began to froth from his mouth.

Prison guards had then taken him to the prison hospital. Here, Anthony said his condition got worse and he drifted from between being sub conscious to consciousness.

After some four to five hours Anthony remembers waking on February 6, and found he had been given saline. He, however, did not seem to get better after which prison authorities had then admitted him to the OPD section of the Colombo General Hospital.

Here, on a doctor's directive, he was transferred to the Intensive Care Unit (ICU) of the hospital after which he was subsequently admitted to Ward No. 44 when his condition was deemed to have got better. By this time night had fallen. From February 6 to 10, Anthony was kept at Ward No. 44, during which time his father Ossie, wife Malini and four year old son Christopher visited him.

On February 8, Anthony says the bed he had been given was suddenly given to another patient and he was told to sleep on the floor. On the morning of February 10, at around 3 a.m. Anthony says he had another 'fit.'

Clinging onto the bed, Anthony says he tried to get off the floor but his body was shaking too much. A night sister had then arrived and scolded him saying his ticket had been cut on February 8, and he should have left, "without continuing to stay and worry us."  He was still in Ward No. 44.

It was at this stage that Anthony realised why he had suddenly and unceremoniously been dumped on the floor on February 8, since doctors had cut his ticket and discharged him. During his stay at the hospital Anthony says his left leg was kept chained to the bed. This was how he was, even when The Sunday Leader visited him last Thursday in Ward No. 75.

Spine injury

Anthony said that while being chained to the bed he attempted to sit on a chair but due to the heavy chain getting entangled, he fell off. He said he wounded his spine in this fall.

On the morning of February 10, at around 8.30 a.m. during the doctor's rounds, Anthony appealed for help citing his spinal injury. The doctor, however, had responded asserting that Anthony had been discharged on February 8, and should have been removed to the prison hospital at Welikada.

At around 11 a.m. that day Anthony said he needed to go to the toilet and shouted for a bed-pan to be brought. Nobody, however, heeded his cry and he says he soiled his clothes.

When his father Ossie visited him he found Anthony lying flat on the ground, unable to take food and water, with his clothes soiled. Convinced his son was dying, Ossie Fernando, a devout Catholic, rushed to get a priest who he brought to the hospital to give Anthony holy communion and bless him.

Begging his father to seek help, Anthony cried out to request for medical assistance. This time attendants arrived, cleaned Anthony and put him onto a bed. Between 2 and 3 p.m. that day Anthony says two hospital attendants suddenly arrived, put him on a stretcher and took him downstairs in the lift. His father also accompanied him.

He was taken outside the building where he saw a prison's van parked. He says a prison official dressed in a white shirt, khaki trouser and shoes was seated in the back of the van. The two hospital attendants had lifted him to put him inside the van, when this prison's official had caught him by his shoulder and yanked him inside.

Screaming in pain, Anthony shouted for his father, calling out that his spine was wounded and to be careful. The prison guard had then kicked him in his face and spine as he fell onto the floor of the van, shouting at him at the same time, "You are just pretending. You call your father, I will kill you."

This prison guard had also yelled at him saying, "I know you are from Dehiwala. I will get you for what you have done." Anthony says he has been long involved in many social and public service work in and around Dehiwala where he resides.

Ill treated at Welikada

After arriving back at the Welikada prisons, Anthony says he was dragged out of the van by his legs. Since he was unable to stand, the prison guards finally got a stretcher and taking him to the prisons hospital they parked the stretcher near the toilets, convinced that Anthony was pretending to be ill.

Till dawn the next day, Anthony remained on this stretcher. The next day, February 11, he was taken to see a lady doctor. Checking him the lady doctor had advised that he be taken to Ward No. 1 in the prison hospital.

Here another doctor he says checked him and ordered for him to be put on a bed. He says he was put on a wooden bed where he remained until dusk that day. He says he was only given Panadol and once more soiled his sarong since he could not get aid to go to the toilet.

Anthony claims he suffered severe dehydration and his condition worsened to the point he just wanted to die. He loudly lamented his cause stating he had been beaten so bad he could hardly move. He was once more administered saline and on February 16, admitted again to the Colombo General Hospital.

At the Accident Ward, Anthony told doctors that he had been kicked in the spine and beaten severely. Here, medical officers displayed deep concern and promising to protect him transferred him to Ward No. 72.

Anthony says by this time he was also passing blood in his urine. The next day, February 17, he was once more transferred to Ward No. 52 from where he was later transferred to Ward 75.

Anthony has in his statement to police said he is convinced that if he is returned to the Welikada prison he will be killed.

He says he has done no wrong other than point out to Chief Justice Sarath N. Silva that he should not have presided or sat on the bench hearing a case where he had been named as a respondent. "I don't deserve to go to jail for one year all because I objected to the CJ hearing my case," Anthony said, adding, "I am no criminal and have not committed any crime."

"A breach of the natural course of justice" 

President's Counsel Desmond Fernando slammed the Chief Justice, asserting that his hearing of this case "was illegal and a breach of the natural course of justice."

Fernando pointed out that Sarath N. Silva has violated Section 49 (3) of the Judicature Act which states, "Where any judge who is a party or personally interested is a judge of the Supreme Court or the Court of Appeal the action, prosecution and proceeding of matter on which he is a party or is interested or in which an appeal from his judgement be preferred shall be heard or determined by some other judge or judges of the said court."

"This is one of the major principles of the basic rules of natural justice," the former President of the International Bar Association said.

"In this case the CJ and the two other judges on the bench who are members of the Judicial Services Commission should not have heard this case as they had all been named as respondents," Fernando asserted.

Referring to a case in England where a lady conducted her own case in the Court of Appeal and threw a book of law at the bench when her case was dismissed, was not thrown into a prison cell.

Instead, Fernando asserted the bench led by Lord Denning merely got up and walked out of the court. Fernando reiterated that decisions by a bench already biased against the petitioner should not be the yardstick by which justice is metered out to individuals whether they are in contempt of court or not.

* * * *

Police investigation

INTERIOR Minister John Amaratunga said that a thorough police investigation would be conducted into this incident. He asserted that already two prison officials have been interdicted. Amaratunga, however, asserted that Anthony would have to serve his one year term in prison. "We may consider moving him to another prison after the medical examinations and reports on his condition are finalised," he said.


PARLIAMENT

 Land of hypocrisy

By Amantha Perera 

This is a country of hypocrites. Some in smaller measures while others in big ones. But on the whole, they are all hypocrites.

 Imagine the situation when hypocrites elect worse hypocrites to the seat of democracy. What is the final equation? We get hypocrites squared into the power of 225. The ultimate creation of the land of hypocrisy.

We get chaps drooling over love on official letterheads, we have neo-Marxists, Che Guevara wannabes, more interested about the gel on the hair than about national unity — we have given new dimensions to the word hypocrisy. And the best of the lot are at the house by the Diyawanna.

From the time the LTTE and the UNF government entered into a MoU, debates have taken place on the MoU and where it is leading the country, at regular intervals. These debates have been nothing more than an absolute waste of time, energy and resources. The opposition has been hacking the MoU on various arguments ranging from absurd to downright stupid. Take for instance, JVP Group Leader Wimal Weerawansa’s favourite line of attack taking us back to the days of Don Juan Dharmapala — get a grip man, just 15 years back our hero’s great leaders went around the country, hacking guys to death.

The government has not fared any better. Just because the opposition is too blinded by political goals, does not mean that the peace negotiations are picture perfect. Nagging questions plague the voters and at times the debates leave them more confused. The government avoids the hard points while the opposition is lost in its own myriad imagination.

The latest round of the masquerade took place last week when parliament took up the no-confidence motion against Defence Minister Tilak Marapone. The motion was submitted by a JVP-PA collective last October, soon after the eastern town of Valachchenai went up in flames of communal violence.

The government had been sidestepping the debate ever since. At times arguing at the party leaders’ meetings that a decision had to be taken after consulting Prime Minister Ranil Wickremesinghe. Opposition leaders like Weerawansa and MEP Leader Dinesh Gunawardena have been the main forces behind getting the debate and have been huffing and puffing to get it since October.

It was proposed by PA’s Nimal Siripala de Silva, and by the time the second speaker was holding fort, any doubts that the debate was going to be different from past experiences evaporated.

Weerawansa took center stage in his carefully coiffed and gelled hair. Starting off by berating the government on the delay, Weerawansa thundered that parliamentary tradition was that no-confidence motions are given prominence.

The JVPer said that all three communities in the north and east are frustrated and that the government was turning a blind eye to what was taking place. Weerawansa said the government had not taken any action when the LTTE had conducted training and firing exercises off the coast of Mullaitivu last week. The same attitude was adopted when arms were smuggled into the country, the man ranted.

“We don’t have anything against the Minister personally, but he has neglected his obligations.” Weerawansa ended his speech by threatening that if the government did not put an end to the process of ‘betrayal,’ the opposition was ready to form a new government and end it.

The middle layer of Weerawansa’s speech was laced with the usual Doyle story. Despite his reliance on history, he got his recent history wrong when he said that the Prisoners of War (POW) exchange took place in the east. It took place at the meeting point of the north and North Central at Vavuniya.

The mistake may look insignificant, but put it in context and it is but another sorry example of politicians digging their heels in Sinhala dominated areas and taking on the ethnic issue. When Valachchenai burnt, the best the politicians did was to heli-drop into the area and return.

But such long distance crisis management sits well with the JVP that gloats on  having the remote control in their hands.

UNF Minister Dr. Rajitha Senaratna too dived into history — world history — detailing the South African experience and the peace talks in Nepal, once again initiated by the Norwegians.

Dismissing critics saying that peace should be compromised so that the MoU is not violated, Senaratna observed that everything should  be done to keep the guns silent.

Taking a cue from a speech by US Deputy Secretary of State, Richard Armitage a week back supporting the peace process, Senaratna said that despite notions to the contrary, the international community was fully backing the process.

He ended his speech by calling on all parties to express their views on the peace process. A view that was shared by Armitage and peace negotiator Milinda Moragoda a week back. The government was highlighting the Armitage speech and the funding of Rs. 26 billion received from the Japanese to applaud the peace process.

The opposition too was not left without rope to hang on to. That came by way of a piece reported in a section of the Sunday press, and opposition parties were quoting from the newspapers to cement the arguments.

The opposition fell flat on its face by the response it received from the representatives of the victims whose plight the no confidence motion was champion. The Muslims from the SLMC and the Tamil representatives from the north, including Douglas Devananda led EPDP did not back the motion.

This was despite attempts made by the promoters of the motion to take the side of the TNA, which was prevented by the LTTE from opening the Jaffna library. The JVP was taking the side of the TNA with Weerawansa going so far as to allege that the threats were so bad that TULF Leader V. Anandasangari had fled the country.

That sort of playing up however achieved little. The first speaker from the TNA Mavi Senadiraja was pretty clear with the stance.

“We will not support this.”

Taking his own stroll down memory lane, Senadiraja reminded the likes of Weerawansa that history as he knew indicated that there were different kingdoms in Sri Lanka before the colonisers appeared. The kingdoms included Kandy, Wanni and Jaffna.

The SLMC’s Rauf Hakeem faction and the others rejected the motion. Hakeem, the first to speak from the SLMC said that though the security of the Muslims was not totally assured, the motion, which was five months too late, was barking up the wrong tree.

According to Hakeem, the motion seemed to suggest that by removing the Defence Minister the situation would be OK.

His rival, M. Athaullah though speaking against the motion said it should be directed at those who betray the Muslims.

At least MEP Leader Gunawardena made some sense in his speech. He was pretty harsh on the situation that had arisen surrounding the re-opening of the Jaffna library. “Who is the Tamil MP speaking of this?” his voice reverberated in the well. The Tamil MPs held their tongue.

The Defence Minister was left to answer the queries raised by the opposition, some he did.

Commenting on various breaches taking place in areas under LTTE rule, he said “we recognise that there was illegal activity in these areas, but we agreed to resolve these issues through negotiation.” Though Marapone’s statement did not clear the air, it at least got the government’s conciliatory approach on record.

He was pretty harsh on media reports that suggested mass scale arms smuggling and proliferation of LTTE court houses and police stations.

“They had police stations and court houses in the areas dominated by them... They had military type training camps. If we pretend not to know about it, we are bigger fools.”

“Others spread false stories that we have allowed ‘boat loads’ of arms and ammunition to be brought in by the LTTE. I read a paper report last week in which it was even alleged that the government is overtly helping the LTTE to bring in arms and ammunition. We should be mad if we were to do so. These are all false stories. The only problem is that when they are sourced to top levels, people get confused,” the Defence Minister said.

Where the Defence Minister followed the opposition was when he did not take the opportunity to brief the nation on the current situation through his speech. “There is no reason for anyone living either in the north or east to feel insecure, nor has national security been placed at risk,” he wanted the people to believe.

Try instilling that sort of trust in the last mayor of Jaffna.

Mere words will not help people trust the process. The LTTE has been public enemy No. 1 for the past 20 odd years, if not more. The government must come out and prove that the Tigers are changing its stripes. It failed to do that. By doing so, it made a mockery of the opposition sponsored motion even more.

High profile peace dealers in the government did not even speak at the debate, of the peace negotiators, only Hakeem spoke and that too as the SLMC Leader. The government never took the motion seriously.

The big ding created before debates of this nature has turned out to be a false screen of smoke. They always end in a whimper.


 

 

 

JVP sit-in protest and UNF kung-fu men

The JVP protest last week was greeted with water cannon charges. The JVP MPs were in a fighting mood the following day in parliament. Wimal Weerawansa wanted to raise the attack, but Deputy Chairman of Committees, Siri Andrahennadi did not allow it.

Up went banners and the JVPers walked into the middle of the chamber and staged a sit down protest. In the midst of the protest, poor Sunil Hadunhetti got hit with a book.

This saw a section of UNPers getting worked up. Sydney Jayaratne, Olitha Premathirathne and Dulip Weddarachchi came down the aisle to show who the boss was.

One JVPer, Nandana Gunathileke got ready to meet the assault head-on.

The UNPers however were prevented from doing a re-run of kung-fu  in the house by seniors like Mahinda Samarasinghe.

Sittings were suspended for about 20 minutes, but all was calm after the re-start.

The day’s business was condolences. 

Opposition Leader’s trip to India

Opposition Leader Mahinda Rajapakse was in good spirits last week. His recent trip to India had been quite a success. He met Indian Prime Minister Atal Behari Vajpayee and other seniors and discussed at length the on-going peace process.

Sources close to Rajapakse revealed last week that during the visit, sections within the Indian establishment had indicated that they felt the ground situation in Sri Lanka was not conducive for a government change, not yet at least.

 

Ratwatte comes to parliament

Former PA strongman Anurudda Ratwatte was allowed by court to be present in parliament last Tuesday to vote on the no-confidence motion.

He made quite an entry surrounded by MPs. When he came and took his seat, Anura Bandaranaike walked up and had a chat.

But the entry despite the fanfare was ignored by Opposition Leader Mahinda Rajapakse who remained in his seat.

Prime Minister Ranil Wickremesinghe at least gave an acknowledging nod from across the divide.

The last man to come to parliament while in remand custody was Anamaduwa MP, D. M. Dassanayake. Dassanayake who spent considerable time in custody, once confessed that he was getting sores in his back.

Rajapakse was one of the PA MPs who went to visit him while he was in jail.

 

Long holiday

Parliament will have an extended holiday next month. At last week’s party leaders’ meeting a decision was taken to have a holiday from March 21 to April 24 in view of the traditional holidays.

Parliament would only meet for two days in April on 24 and 25 while in March sittings would be held during the second and the third weeks.

Mr. Eheliyagoda

Speaker Joseph Michael Perera has a time trying to control the vociferous MPs. Since of late he has adopted a new method to bring errant members in line. Instead of calling out the names, Perera uses the electorate name. Thus, we have ‘Mr. Eheliyagodas’ and ‘Mr. Ratnapuras.’

 

No unruly crowds this time

Unlike the last no confidence motion debate in parliament, the Speaker last week did not have to deal with an unruly public gallery. The defeat of the no-confidence motion against Defence Minister Tilak Marapone passed off without a murmur from the galleries.

The exact opposite took place when the no confidence motion against Interior Minister John Amaratunga was taken up. Crowds erupted with clapping and celebrations were held just outside parliament where Amaratunga was mobbed by supporters.

The display led to complaints by the opposition and a new set of rules were enforced in the public gallery. Now members of the public cannot bring even a pen into the gallery.

 

School children removed

However, young school children had to be removed from the gallery last Friday when the JVP and a section of UNF MPs almost got into a confrontation.

During the suspension, parliamentary staff escorted the children out.

 

Baldies galore

There were quite a number of baldies in the house last week. The new number naught fans were Muslim MPs including SLMC Leader Rauf Hakeem and Minister A. H. M. Azwer. The members had returned from their annual Haj pilgrimage to the Holy City.

 

Notable absentee

During the vote on the no confidence motion there was a notable absentee, none other than former PM Ratnasiri Wickremanayake. Wickremanayake’s first row seat next to Chief Opposition Whip Managala Samaraweera remained empty. He arrived soon after the vote was over.

 

New seating arrangements unseats Biyagama

Minister Suranimala Rajapakse found himself without a seat when sittings commenced last week. Arriving in the well, he found that his former seat had been re-allocated with the appointment of new ministers who moved forward.

Seeing the standing member, Speaker Joseph Michael Perera remarked, “Biyagama has been unseated.”

Not for long though, parliamentary staff soon escorted him to his new seat. 

 

 

 

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