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Fraud by another name
The proud father announced to all his friends and
relatives that his lawyer son was getting married and
that the son was joining him in his legal practice which
he had successfully carried on for a number of years.
On his son’s first day at the law firm, the father
assigned him to a case that he had been involved in.
This particular case had been going through the law
courts at Hulftsdorp for quite a number of years.
The son took over the case and within a couple of
weeks came back to the father and proudly announced that
he had managed to conclude the case.
On hearing this, the father became livid and started
shouting at his son — "You took over the case which I
had been involved in for so many years and within two
weeks concluded it! Do you know that, that case paid for
your education and other expenditure?"
It is sad indeed but the story of the father and son
is played out year after year in Sri Lanka in various
unscrupulous ways resulting in the poor
litigant/respondent paying through his nose. In some
cases, the litigant/respondent gives up though sheer
exhaustion and depletion of resources.
Fraud in the broadest sense is an intentional
deception made for personal gain or to damage another
individual. Fraud is a crime, and is also a civil law
violation. Defrauding people of money is presumably the
most common type of fraud and this type of practice of
delaying case hearings intentionally is unpardonable
especially when it is being perpetrated by the very
individuals who people rely on to uphold their legal
rights in the law courts.
It is indeed sad to say that the legal fraternity in
this country has stooped to very low levels to
earn their keep and whilst it is wrong to apply the
broad brush and paint all lawyers and judiciary in this
way, the man on the street has no reason to believe that
the lawyer he consults has his best interest at heart.
The doctors ascribe to the Hippocratic Oath
and I presume the legal fraternity also swear on similar
lines — it is indeed a farcical thing they do because
their conduct (or should one say misconduct) in court is
otherwise.
It is a plea, a very small plea to the honorable
gentlemen and ladies to whom this letter is addressed —
the Chief Justice, the Attorney General, the judicial
and legal fraternity — to do something about it because
at the end of the day we all have to face up to our own
doings and conscience.
"Moral excellence comes about as a result of habit.
We become just by doing just acts, temperate by doing
temperate acts, brave by doing brave acts" — Aristotle.
A.S. Silva
Mount Lavinia
What is the use of the CB?
I deposited some money with Asian Finance, a finance
company registered with the Central Bank (CB) expecting
to get it back at maturity. Though they paid me a paltry
sum as interest, they are forcibly holding back my
capital. Is this legal?
I also have heard that depositors of other registered
financial institutions such as F & G and The Finance
too, face this same unfair situation. Cannot the legal
luminaries of this land challenge the Central Bank on
this score?
What guarantee does a depositor who invested money in
the financial institutions connected to Ceylinco and
registered with the Central Bank have?
I want my capital back, but it is not being released
because of the Central Bank backing. The interest rates
have dwindled and depositors lose at both ends. What a
calamity!
Suffering Depositor
Nugegoda
Galle and its heritage
This has reference to the letter of D.H. Gunadasa of
Hikkaduwa, published in The Sunday Leader of June
14, under the above caption, which was previously
referred to as "Preserving Galle Fort." I
wish to provide the clarifications which Gunadasa has
sought, which are as follows:
1. Of the seven World Heritage Sites mentioned by
me in your publication of May 17, Morocco refers to
the "Portuguese City of Mazagan" as World Heritage
which is an outstanding example of the influences
between European and Moroccan cultures.
2. "The Old Town of Galle and its
Fortifications" is the title given by the Government
of Sri Lanka, when it submitted the request to the
UNESCO World Heritage Center, for the said nomination
as world heritage in 1988. Other nominations
submitted by the Sri Lankan authorities as world
heritage, include the "Sacred City of Anuradhapura,"
"Ancient City of Polonnaruwa," "Ancient City of
Sigiriya," and "Sacred City of Kandy." No
doubt, the ‘Old Town of Galle and its Fortifications,’
so named by the Sri Lankan authorities for
consideration as world heritage, is indeed an honour
to Galle, as in the case of the other cities mentioned
in the foregoing.
3. It is to be noted that requests for
nomination as World Heritage with their respective
titles, are submitted by governments, who are state
parties to the World Heritage Convention.
4. As concerns the development projects in the
vicinity of sites, guidelines to be observed are
provided in the Convention, that have been well
researched and brought out by heritage experts, in the
best interests of preserving world heritage, which the
governments undertake to follow, once they ratify the
World Heritage Convention and become state parties to
it. To date, 178 countries of the world have ratified
this convention and have agreed to adhere to the said
guidelines. Sri Lanka became a state party to the
Convention in 1980.
5. The Galle Fort is in the city of Galle and
thereby, is a part of the city’s heritage and history,
which is highly visited by locals and foreigners
throughout the year. Many Sri Lankans have their homes
and carry out commercial activities within the fort.
Some government institutions too have their offices
inside this unique, living fort.
6. Lastly, whilst it is not our intention to debate
which of the colonisers, viz. the Portuguese,
Dutch, and the British — who introduced cricket to Sri
Lanka — who inhabited and utilised the Galle Fort for
their churches, prisons, courts and warehouses during
their occupation of Sri Lanka, caused the most damage
to our country or otherwise, I wish to thank Gunadasa
for his interest in heritage matters and for enabling
us to provide clarifications as appropriate.
Since we have done so and do not wish to continue
further dialogue on this issue, it is my pleasure to
inform the respected readership who would wish to have
further insights on heritage matters pertaining to
tangible, intangible, cultural and natural heritage,
including Under Water Cultural Heritage, which UNESCO
attempts to promote worldwide, to please consult the
website: http://whc.unesco.org
Rohan Prithiviraj Perera
Secretary General
Sri Lanka National Commission for UNESCO
An amazing article
I was amazed by your article on the gemology lab to
be put up by a private company which appeared in The
Sunday Leader of July 7.
I stopped reading your paper sometime back and my
friends gave me just this page consisting of the article
on the lab to read. Therein, you had referred to Milton
Fernando as a leading gem exporter. He is not even
within the top 20 out of about 150 gem exporters. He was
allegedly caught up in a smuggling scam a few years
back.
You take advice from Rusiripala Tennekoon who ideally
should be the subject of a separate article.
1. He was in the clerical ranks but became the
secretary of the SLFP union in the BOC. With the
betraying of his union, he became chairman of BOC for
three months during the time Felix Dias Bandaranayake
was the Minister of Finance — from 1970-1977.
2. Later, he started supporting Vijaya’s party.
3.Then he became a UNP supporter.
4. He became the vice chairman of National Gem and
Jewellery Authority during the UNP regime in 2003. He
made a lot of allegations against the then chairman and
chased him out of office to become the chairman of the
National Gem and Jewellery Authority. He appointed Ernst
& Young to investigate alleged allegations against the
former chairman, but could not prove any wrongdoing.
5. During his time as Chairman, he allegedly gave
without calling tenders the billboard in Ratnapura to a
supporter for Rs. 3 mn. He went to Myanmar to get that
country to participate in the Facet international gem
show in Colombo. He wanted big rubies from Myanmar to
show at the exhibition. But the Myanmar delegation told
us later that he allegedly wanted to act as the agent
while being the Chairman of the Gem Authority.
Once he allegedly went to Thailand for an official
function with gems in his pockets and met some traders
there. Our counterparts in Bangkok told our association
members, that they would never meet the Sri Lanka Gem
Authority Chairman again.
6. He was removed when the government changed. He
then formed an ‘all island gem association’ and wanted
to take over our association and show that his one was
the biggest. Our association was established over 25
years ago. He then joined Ceylinco and started the
‘Colombo Gem Show’ under Ceylinco to compete with our
well established international gem exhibition Facets. He
conducted it for two years allegedly at a loss of Rs. 29
million to Ceylinco and was removed from Ceylinco by
Kotelawala.
7. During the last three years, he allegedly got hold
of a Russian investor — whom he had met when he was
chairman, Gem Authority — with a local Russian resident
in Sri Lanka. They formed a company called Ruslanka. He
became the CEO and received a salary of US $ 8,000 a
month with a Pajero and unlimited fuel. He allegedly
bought gems and went to China and Madagascar on company
account. He allegedly started a mining project at
Elahara costing Rs. 6 million to the company and kept on
digging an abandoned land knowing there were no gems
there. But during that period he put up a guest house in
Elahara with company money.
8.This is the Rusiripala your writer has gone to get
advice from. Why doesn’t he write Rusiripala’s true
story. If you don’t believe these facts ask any senior
gem trader in the country or a senior banker.
W.D. Jayawardana
Member Gem and Jewellery
Association of Sri Lanka
Do not belittle traditional medicine
Apropos the article titled "3300 snake bites in Sri
Lanka last year" in the July 12 issue of The Sunday
Leader, a zoologist has said "Most of the snake bite
victims don’t know what to do when they are bitten by
snakes. They panic and seek traditional treatment which
in turn could be harmful."
By saying so he has ridiculed a form of medicine that
continues to survive from earlier times. The Western
treatment that entails identifying the individual snake
and treating, was introduced as recently as 30 years
ago. How did the patients get cured before that? Did
only the non poisonous snakes bite them then?
From about the age of five, I have seen my father
treating snake bite victims of a wide assortment of
disease characteristics. The medicine he prepared was to
treat any snake bite. He was not a physician but a land
surveyor by profession. He learnt this treatment in 1910
when he was surveying the jungles of Nochchiyagama in
Anuradhapura.
Now I am continuing this treatment. There are
patients who come to me with after effects after
receiving treatment from hospital. I cure them
completely without any oral medicines or injections.
But I cannot identify snakes and I am not a physician
either.
P.A. Binduhewa
Panadura
Garbage dumping and the solution
Thotalanga, Bloemendhal, Peliyagoda and now even
Pettah is being filled-up against the beautiful
back-drop of the Colombo skyline and it just defies
explanation. The town planning authority should be
tearing their hairs out looking at what is happening to
our once beautiful city of Colombo.
As far back as five years ago the ever enterprising
mayor of the Weligama Municipal Council had set in
motion a ‘sure-fire, smooth sailing’ garbage disposal
system with extra remuneration as a side income with the
garbage generated compost.
The idea and project — a god-sent opportunity for the
local government and environmental ministries has simply
not been availed of, it appears.
Many countries with similar problems would have
grabbed our blue print and done the needful by now.
W. Meadows
Dehiwela
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Appreciation |
Rev. Fr. Kingsley Jayamanne
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This little piece is to celebrate the fragrant memory
of late Rev. Fr. Kingsley Jayamanne, an extraordinary
priest who took leave of all those whom he served.
I met him on the day he came to St. Peter’s College,
Bambalapitiya, and was introduced to me by the late Rev.
Fr. Joe Wickramasinghe before he left for the UK, for
higher studies. Later Fr. Kingsley took over St. Peter’s
College as acting rector. During that time I held office
as General Secretary of the Parent-Teacher Association
(PTA), and Hony. Treasurer of the College Welfare
Association from late 1970s to mid 1980s.
Fr. Jayamanne treated everyone alike whether they be
Catholics, Buddhists or Hindus. He was surprised to see
the contribution I made to St. Peter’s College as a
Tamil Hindu parent.
Whenever he wanted me to do something I gave him my
fullest co-operation for the betterment of St. Peter’s.
I cannot forget the help and the co-operation Fr.
Jayamanne and late Rev. Fr. Sunil Perera gave to
accommodate the refugees in the 1983 riots.
Later when he was editor of the Messenger, and
parish priest at Kotte, Galkissa and Kollupitiya
churches I used to sometimes spend a little time with
him during the weekends.
He was an excellent administrator, teacher,
educationist, counsellor and above all a disciple of
Jesus Christ.
Fr. Kingsley’s last days of pain and disillusionment
were typical of the human predicament that lies beyond
human understanding.
Goodbye and farewell Fr. Kingsley. I cannot forget
the animated conversations I had with you during the
time I held office in the Parent-Teacher, and Welfare
Associations and the help you gave me during your stay
at St. Peter’s College.
Karthikesar
Gnanakanthan
Tissa Ariyaratna
For those we love don’t go away,
They walk beside us every day;
Unseen unheard, but always near,
So loved so missed and very dear.
A million times we thought of you,
As many times we cried;
If our love could have saved you,
You never would have died.
We speak of you every day almost,
How you did care for us;
We pray to the gods to grant our wish,
To be with you in the next birth too.
Ever loving wife Ranji
and daughter Anoja
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