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AG unaware warrant on judge withdrawn

AG unaware warrant on Judge withdrawn
By Chathura Vidyaratne

Attorney-General Sarath N. de Silva yesterday said that he was unaware of the fact that the warrant served on Colombo High Court Judge Mahanama Thilakaratne had been withdrawn after the judge surrendered to the Kesbewa Magistrate.

The AG was commenting on the arrest of Mr. Thilakaratne by the CID.

The AG told ‘The Island’ that he was in his office last Thursday till about 7.30 pm, but he was not informed about the withdrawal of the warrant by courts. ‘If I had been aware of the factual situation, I would have taken appropriate action’, he said.

When asked whether the CID didn’t inform him of the factual situation, he replied in the negative.

On whether there was sufficient charges to warrant the arrest of a High Court Judge, the Attorney General said that this was done on the basis of a report submitted by the CID. This report stated that there was a case pending against the High Court Judge and based on these factors the AG’s department had allowed the arrest of this judge.

He said President Kumaratunga had also asked him about this matter.


TULF to consider new Mayor for Jaffna
By Franklin R. Satyapalan

The Parliamentary Group and the Politburo of the Tamil United Liberation Front (TULF) are expected to meet in Colombo shortly to re-examine the party’s future participation in the Jaffna Municipal Council, TULF sources said.

This follows last week’s assassination of TULF Mayor Pon Sivapalan in Jaffna. He was the second Jaffna Mayor to be killed by the LTTE after the January 29 local government polls in Jaffna. Mrs. Sarojini Yoges-waran was gunned down in May this year. Mr. Sivapalan was able to function as Mayor only for 75 days.

‘We are looking at all aspects’, TULF sources said yesterday.

The party’s leader Murugesu Sivasithamparam is currently in Chennai with his family convalescing and Secretary General and Trincomalee district MP Rasamanickam Sampanthan is on a tour of Europe following his participation in the Inter-Parliamentary Union (IPU) conference in Moscow, these sources said.

‘We are also looking at the alternative courses of action available to the party under these circumstances’, TULF sources indicated.

There is still no decision to nominate the party’s Vice President Anandasangari as Jaffna Mayor. Mr. Anandasangari who is now in Jaffna told ‘The Island’ yesterday that he was prepared to step in as Jaffna mayor on behalf of the party if there was nobody else to take up the challenge. ‘We are not challenging the LTTE or anybody at all. When the LTTE was running the show in Jaffna, we stepped aside and now we have come after the LTTE left. The people of Jaffna need some sort of administration and we have to provide it. The TULF cannot shirk that responsibility. I have many responsibilities by the party. There are many from the TULF who will come forward to accept the post of Mayor’, he said.

‘We are co-operating with all Tamil parties for their participation in the activities of the Jaffna MC. If the Colombo MC could function without a Mayor for almost two years in the past, why can’t we function under the present Deputy Mayor for at least a short period?, he queried.

He said that as a mark of respect for the late Mayor ‘we will wait for some time till all the observances connected to his death are over.’ There is no urgency. We will wait and see’, he added.


Trouble brewing in BOI

The Executive Committee of the Association of Executives (AOE) of the Board of Investment (BOI) is to meet tomorrow to discuss the removal of its president as Secretary to the Management Board of BOI.

President of the union, W. A. de Silva, was removed on Tuesday by Director General, Thilan Wijesinghe, due to him having submitted a memorandum titled ‘Harassment by management’. The memorandum held that the senior manager, Media and Publicity of the BOI was being ‘harassed’ by the management of the BOI and alleged that there was an attempt to ‘unilaterally penalise him’.

A union source said the discussion tomorrow will focus on protest action against the Director General’s move. The latest dispute comes even as trouble seems to be brewing internally in the BOI with a certain faction of the workforce alleging the higher ranks of corruption and the higher ranks dismissing such claims as UNP-led propaganda.

In a letter sent by Mr. Wijesinghe to Mr. de Silva relieving him of his post, the director general accuses Mr. de Silva of having ‘misinterpreted and grossly misrepresented the intentions of the management’ with regards to the senior manager, Media and Publicity. He also chides Mr. de Silva for having submitted the memorandum before the minutes of the Board of Management meeting were finalised (the meeting during which the issue of the senior manager, Media and Publicity, was taken up).

A union source alleged that Mr. Wijesinghe had proposed to recruit another officer to head the media unit, and thus ‘supplement’ the work of the existing senior manager. Mr. Wijesinghe says, however, that it is incorrect to state that the proposal made by him to recruit ‘an experienced and high calibre officer to head the media unit’ was a case of trying to supplement the work of the existing officer. He also dismisses the allegation that an attempt was being made to unilaterally penalise the officer. He asserts that it is a prerogative of the head of the institution and the board of directors to ‘strengthen a department or division by bringing in a senior officer on a short term contract. (NW)


Polonnaruwa hospital full of cholera cases

Welikanda district hospital in Polonnaruwa is choking with suspected cholera cases. The paediatric ward in the Welikanda hospital is full and the number of children admitted to the hospital is increasing, hospital authorities say. Health authorities in the region are asking for more beds to accommodate the increasing number of suspected cholera cases admitted to the hospital. Most of the suspected cholera cases admitted to the Welikanda hospital in the Polonnaruwa are children, hospital authorities said. A significant change in this regard had been the increasing number of children admitted to the hospital. The paediatric wards are full and we have asked for more beds from the health minister, hospital sources said.

During the past 24 hours there has been six new admissions of suspected cholera cases to the Welikanda hospital. (LS)


JR's birth anniversary today

The 92nd birth anniversary of J. R. Jayewardene, Sri Lanka's first executive president falls today. It was under his leadership that Sri Lanka embraced free market policies. The late President was educated at Royal College, Colombo, where he gained distinction both in his academic work and extra curricular activities. He later joined the Ceylon University College, Colombo and the Law College and was sworn in as an advocate of the Supreme Court.

His political career spanned over fifty years, during which he was elected to the Colombo Municipal Council, The Ceylon State Council and the House of Representatives. He held a host of ministerial portfolios including Minister of State, Minister of Agriculture and Minister of Finance.

In the international arena he is best known for his co-authorship of the Colombo Plan and the speech made in 1931 at the Japanese Peace Treaty Conference.

A commemoration ceremony will be held at the J. R. Jayewardene Centre auditorium today at 3.30 p.m. where Opposition Leader Ranil Wickremesinghe will be the chief guest.


British expert rules out sabotage in FAC fire
by Shamindra Ferdinando

A top British investigator has ruled out the possibility of sabotage in last month’s fire which damaged an Israeli built Fast Attack Craft [FAC] undergoing repairs at the Colombo Dockyard, authorities revealed yesterday. The British investigator had extensively inspected the damaged FAC and had a series of meetings with local officials before ruling out sabotage they said. He had been here for two weeks.

Both Colombo Dockyard Limited [CDL] and Navy said that the investigator had said that the fire had been accidental and had caught fire while welding work was in progress.

The investigator, naval sources said had ruled out the possibility of any LTTE connection in the fire.

Earlier a Court of Inquiry headed by western naval area’s Deputy Area Commander ruled out any terrorist involvement in the fire, the first of its kind at CDL. The inquiry report has been handed over to the Navy Commander, Vice Admiral Cecil Tissera.

CDL’s Chief Executive Officer [CEO], Dr. Sarath Obeysekera yesterday said that they have insurance cover for all vessel repairs.

"We sought compensation from our local insurance agents," he said. They in turn had sought compensation from their foreign insurance agents.

The investigator had been sent by the foreign insurance agents, officials said.

Dr. Obeysekera said that after extensive inquiries and inspection, the investigator had declared that there had been no sabotage.

The ill-fated FAC [P-470] built by Shaldag Corporation of Israel caught fire on August 5 causing extensive damages to electrical wiring, accommodation area and control panels. Dr. Obeysekera said that major equipment including generators, engines and hull had not been damaged.

CDL has indicated to the Navy that they were prepared to re-build the vessel in the event of insurance agents agreeing to pay. Informed sources said that parties to the claim were negotiating in a bid to decide on the damages and the amount involved.

Dr. Obeysekera insisted that the fire occurred despite a series of precautions taken against accidents. "We have taken extraordinary security measures," he said.

Apart from the insurance agents and the Navy, the CDL had conducted its own investigation into the incident. Without giving details, Dr. Obeysekera said that further steps have been taken to improve safety at CDL.

CDL has built an undisclosed number of patrol boats including FACs to Navy. It has also built FAC with French collaboration also for the Navy. Initially the fire at CDL sent shock waves through the defence establishment amidst speculation that LTTE infiltrators were responsible. The damaged vessel had been not in operational use for at least one and half years. The accident had occurred soon after the vessel was handed over to CDL by the Navy.

Naval sources said that certain actions were taken following the accidental fire.


Human Rights Institute says arrest of Judge 'illegal'

The liaison officer of the Human Rights Institute IBA, Methsiri Cooray said yesterday that the arrest of Colombo High Court Judge Mahanama Tile-keratna on the 10th by the CID and keeping him in custody overnight on the 4th floor notwithstanding that he was on bail and the warrants to arrest him had been recalled by the Kesbewa Magistrate is illegal.

An interference with the independence of the judiciary (upholders of the rule of court) by the executive violation of Article 116(2) of the Constitution.

This action should be condemned whole- heartedly.


Anagarika Dharmapala commemoration
By Dharma Sri Thilakawardana

A ceremony to commemorate the 134th birthday anniversary of Anagarika Dharmapala, a staunch Buddhist who had been in the forefront in the upliftment of Buddhism during the colonial era, has been organised by the Dayaka Sabha of Agrasravaka Maha Vihare, Maligakanda under the patronage of its Chief Incumbant Ven. Kirthi Sri Hadigalle Pagnatissa Maha Nayake Thera to be held today.

The ceremony will be presided jointly by the Deputy Incumbent of Agrasravaka Maha Vihare and Chief Sangha Nayaka of Japan, Ven. Bangala Upatissa Nayaka Thera and Deputy Speaker Anil Moonesinghe.

A floral tribute will be paid to the Anagarika Dharmapala statue at Vihara Maha Devi Park, Colombo at 2.45 p.m. prior to the commece-ment of the ceremony and the Buddhist clergy and laity participating in the floral tribute will proceed to Agrasravaka Vihare, Maligakanda in procession to attend the commemoration ceremony.

Among the invitees to the commemoration ceremony that is expected to commence at 4.30 p.m. are Maha Nayake of Sri Lanka Amarapura Sangha Sabha, Agga Maha Panditha Most Ven. Madihe Pagnaseeha, Maha Nayaka, Most Ven. Hadigalle Pagnatissa Maha Nayaka Chief Incumbent of Kotte Naga Vihare, Ven. Maduluwawe Sobhitha Theros, Minister of Cultural and Religious Affairs, Lakshman Jayakody and Buddhist delegates from Japan, Korea and Thaiwan.


Nawaloka director pinpoints shortage of medical staff
By Shirajiv Sirimane

There is a vacuum of qualified medical personnel in Sri Lanka and the authorities must come out with speedy solutions to overcome this grave problem, observed Prof. Lal G. Chandrasena, Director, Nawaloka Hospital Ltd.

He was addressing a press conference with regard to the hospital’s 13th anniversary and nurses capping ceremony celebrations which falls on Friday (18). He said more nurses training schools could fill this void. "It would be a good idea for school leavers to take up to nursing as there is great scope for employment in Sri Lanka and overseas. Most of the American medical staff consist of Filipinos," he added.

It was also disclosed that the Navaloka Hospital is a Rs. 1.4 billion venture running to its full capacity. "Way back in 1985 we started with 100 beds and today we are equipped with 300 beds and have all the best modern high technology and medicine,’’ he said. "We have also successfully completed 1,000 by-pass surgeries which alone is a unique achievement for any private hospital."

The hospital is being currently assessed for the ISO 9001 certification which will make Navaloka the first private hospital to achieve this status. The first hospital oriented Data Computer System was also introduced by Nawaloka which, he said also manages Ruhunu Private Hospital in Galle.


Compulsory leave of Senior DIG
Appeal Court serves notice on Defence Secretary
by Chitra Weerarathne

The Court of Appeal yesterday issued notice on the Secretary Defence, R. K. Chandrananda de Silva, cited as the respondent in the Writ Application filed by Senior DIG, M. M. Gunaratne, challenging an order made by the said respondent, dated 17.8.98, placing Gunaratne on compulsory leave.

The petition said that the letter dated 17.8.98, written by the said respondent, had indicated that the petitioner was placed on compulsory leave consequent to some findings made against the petitioner, in the report of the Batalanda Commission of Inquiry.

The petitioner had not been able to get at a published copy of the said report, the petition had said.

Additional Solicitor General K. C. Kamalasabaysan, President's Counsel, took notice on behalf of the Secretary Defence.

The Additional Solicitor General was given time till 23.9.98, to file the objections to the petition.

The application for interim relief, seeking for a stay order on the compulsory leave issue, is to be supported on 28.9.98.

Mr. Kamalasabaysan appeared with State Counsel Uditha Igalahewa for the respondent Secretary Defence.

Mr. K. N. Choksy PC, with Mr. Mohan Peiris, and Ms. Kisan Wijetunga appeared for the petitioner, Gunaratne.

The bench comprised Justice H. S. Yapa and Justice Upali de Z. Gunewardene.

The senior counsel for the petitioner, President's Counsel K. N. Choksy, in supporting the application for notice, yesterday said that, only the Public Services Commission, could order to place a DIG on compulsory leave. The PSC did not delegate its powers to the Secretary Defence. The PSC has been vested with power by the Cabinet of Ministers, who alone could delegate power to the Secretary Defence.

The Secretary Defence has gone beyond his powers in placing a Senior DIG on compulsory leave. The said order dated 17.8.98 is against the provisions in the Establishments Code and even ultra vires constitutional provisions, where only the cabinet could vest or delegate the said powers. The Court of Appeal should quash the said order of compulsory leave, Mr. Choksy said.

The report of the Batalanda Commission has not been published for so long. The Supreme Court in a Fundamental Rights violation plea heard before that Court, had stayed a similar compulsory leave order imposed by the Secretary Defence on four police officers, Mr. Choksy said.

The Additional Solicitor General K. C. Kamalasabaysan, President's Counsel, said that there are some findings against the petitioner in the report of the Batalanda Commission. Gunaratne is placed on compulsory leave as a first step to conduct the inquiry into those findings. Gunaratne need not be told the details as to why he is placed on compulsory leave at the institution of the inquiry. He is a senior officer, his presence in the Police Department will hinder the progress of the inquiry, the ASG said. The petitioner is paid the full salary, while on compulsory leave, he added.


November dates for Kamal's appeal
by Chitra Weerarathne

The appeal filed in the Court of Appeal by movie star Kamal Addaraarachchi, will be argued in the Court of Appeal on 26 and 30 November, 1998.

The appeal was called before Justices F. N. D. Jayasuriya and P. H. K. Kulatillake on September 14, and fixed for argument in November.

Kamal Addaraarachchi appealed against an order of the High Court of Colombo, whereby, Kamal was convicted of the abduction and rape of a teenaged girl.

Kamal was sentenced to ten years rigorous imprisonment with the imposition of the payment of a fine of rupees ten lakhs.

The appeal is against the said conviction and sentence.

The appeal is to be supported by Tilak Marapana PC, with Nalin Ladduwahetty and Jayantha Fernando.

The respondent is the Attorney General. Senior State Counsel Buweneka Aluwihara appeared for the AG on 14.11.98.


South-Eastern University employees union stage strike
by A. M. Jazeel Addalaichenai Corr.

Non-academic and academic staff of South-Eastern university staged a token strike today opposite the university complex from 9.30 a.m. to 2.30 p.m. demanding risk allowance for the University employees. The usual academic work in the university has not taken place due to the strike.

University employees including around 50 lecturers took part in the campaign of picketing holding placards. Mr. M. S. M. Issadeen, the President of Employees Union of South-Eastern University told 'The Island' that the university employees working in North-Eastern Province must be given risk allowance, as they are the real victims of the war. This token strike is a symbol and if the authorities concerned do not take any action to provide risk allowance within 7 days, the strike will recommence.


Under new educational reforms English to be made compulsory

The All-Ceylon Union of Government English Teachers, a unit of Education International has welcomed the news that English Language to be made a compulsory subject at the General Certificate of Education (Ordinary Level) from December, 2000 under the Education Reforms.

In this context the union has appealed to President Chandrika Kumaratunga to take appropriate steps early to re-organise the English Unit of the Ministry of Education and Higher Education by appointing an officer with English specialist qualifications to be in-charge of the unit with a Deputy and an Assistant Director to assist him. At the moment the Ministry of Education does not have a specialist English qualified Director to handle the unit. It has a Director to handle Languages and Humanities.

The Union's President M. A. Stanley Perera has pointed out that after re-organising the English Unit an island wide survey should be carried out to look into the equal distribution of Teachers of English in service to schools where their services are needed. The class ratio should be reduced at least to 35 so that the teachers can handle the classes cautiously and efficiently.

The union has also pointed out to the President that as contemplated under the Education Reforms are now required to follow a two year course in English and pass an examination, regardless of their fields of training. This is no doubt a welcome feature.

The union firmly believes that if these suggestions are implemented under the new reforms the Provincial Directors of Education will honour the directions issued by the Ministry of Education and Higher Education.


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