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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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