‘No evidence to justify Special Presidential Commission decisions’
Supreme Court quashes all findings against Sirisena Cooray
by Chitra WeerarathneThe Supreme Court, yesterday in a judgment, quashed all the findings, made against Mr. Sirisena Cooray (Former General Secretary of the UNP), by the Special Presidential Commission of Inquiry, which probed the assassination of late Mr. Lalith Athulathmudali.
The S.P.C. of Inquiry, comprised, retired Supreme Court Judge, G. R. Tissa Dias Bandaranayake (Chairman), and Mr. G. W. Edirisooriya, (Member of S.P.C., and High Court Judge, Matara).
The judgment explained that, the Supreme Court, quashed by the issue of a Writ of Certiorari, the decision of the Special Presidential Commission of Inquiry, that Sirisena Cooray, a disqualified from contesting any election, during the next six years. The Supreme Court also quashed by Writ of Certiorari the recommendation, made by the S.P.C., that Sirisena Cooray should be subjected to civic disability by Parliament.
The Supreme Court further said in judgment that, the findings of the S.P.C. to the effect that Sirisena Cooray was part to the conspiracy to assassinate Lalith Athulathmudali, was also quashed by the issue of a Writ of Certiorari. These was no evidence to justify that conclusion, the judgment explained.
The findings made by the S.P.C. to the effect that Sirisena Cooray had committed contempt of the S.P.C., by not appearing in person before the Commission, was also quashed by the issue of a Writ of Certiorari.
The judgment was by Justice R. N. M. Dheeraratne, with Justice Dr. Asoka de Z. Gunewardene, and Justice L. H. G. Weerasekera agreeing.
The petitioner Mr. Sirisena Cooray, originally filed in the Court of Appeal, an application for a Writ of Certiorari, to quash the finding’s, determinations, and recommendations, made in respect of him, by a Commission which was appointed in terms of the Special Presidential Commissions of Inquiry Law No. 7 of 1978, as amended by Act No: 4 of 1978 and 38 of 1986 consisting of two members, Tissa Dias Bandaranayake (Chairman) and G. W. Edirisooriya (Member). The application for Writ stood transferred to the Supreme Court in terms of Section 18A of the S.P. Commissions of Inquiry Law, as the Chairman was a judge of the Supreme Court, when he was appointed to the Commission.
The judgment explained that, the determination and recommendations, are flawed in the first place, as being unreasonable in the sense that the Commissioners did not call their own attention to the matters, which they were bound to consider. The determinations and recommendations, are not based on evidence of any probative value. The determinations and recommendations have been reached without giving the petitioner, a right of hearing through his lawyer, in breach of the principles of natural justice and in breach of the provisions of Section 16 of the Special Presidential Commissions of Inquiry Law."
Wijedasa Rajapakse with Thilaka Bandara Waduressa, Nihal Bamunuarachchi, Dhammika Abeygunawardene, Kapila Liyanagamage and S. A. Sripathi appeared for the two respondent Commissioners G. R. Tissa Dias Bandaranayake, and G. W. Edirisooriya.
Kolitha Dharmawardene, Deputy Solicitor General, with State Counsel, Harsha Fernando, appeared for the third respondent, the Attorney General.
K. N. Choksy PC, with Desmond Fernando PC, Sunil Rodrigo, Crossette Thambiah, M. D. K. Kulatunga, Hemantha Warnakulasuriya, V, K. Choksy and Mrs. Kissan Wijetunga, instructed by D. M. Swaminathan Associates appeared for the petitioner Cooray.
The Bench comprised Justice R. N. M. Dheeraratne, Justice Dr. Asoka de Z. Gunewardena and Justice L. H. G. Weerasekera.
Saturday Commentary
Funeral of Democracy
by Prasad GunewardenaThey called it the ‘Funeral of Democracy’ which flags, banners, buntings strung across the streets. Democracy the said was buried at the North Western Provincial elections. Thousands of UNPers marched in the procession from the Lipton Circus to the Hyde Park venue carrying two coffins while a funeral band played with trumpets and bugles.
The government was taken by surprise that morning. White flags had come up overnight, everywhere. Early in the morning a police patrol at Thibirigasyaya questioned some men putting up the white flags. They replied, our Rathu Mudalali died last night and that was why we are putting up the white flags. The police patrol was satisfied with the answer. Colombo Municipal Council headed by Mayor Karu Jayasuriya granted permission to put up the flags. Mr. Jayasuriya said that he had always accommodated such requests from all political parties and it was not exclusive to the UNP.
The Inspector General of Police and the Colombo DIG too had been informed of the protest move and the police chief directed the city police stations to maintain law and order during the protest. According to UNP sources towards the afternoon that day some men in civies had arrived in police jeeps to bring down the white flags. A confrontation took place near Town Hall between those men and some UNPers in the procession. When these men were questioned they identified themselves as policemen from the city police stations who were carrying out instructions given by their officers-in-charge.
Colombo Mayor Karu Jayasuriya who arrived at the scene told those men that the IGP was aware of the white flags that were put up. The policemen in civies maintained that they were carrying out the instructions from their OICs. Mr. Jayasuriya immediately called the IGP and the IGP replied that he had not issued such instructions to the police to cut down the UNP decorations. Later the UNP claimed that it had found out that orders had been given to the OICs by a very powerful police officer in a security division. Mr. Jayasuriya despite this order given by the unseen hand managed to avoid a clash between his men and those policemen in civies.
Later in the day the Colombo Mayor officially wrote to the IGP giving identification of those policemen in civies and the vehicle numbers that they arrived. The IGP had assured that he would conduct an impartial inquiry into the incident. As the UNP leader Ranil Wickremesinghe and his party men arrived at the Hyde Park venue, the crowd burnt the two coffins screaming that democracy was cremated under the leadership of President Chandrika Kumaratunga.
The fall out of the NWP elections keeps increasing day by day with pressure coming not only from the opposition but also from some government ministers who are calling for the cancellation of the poll. Minister Jeyaraj Fernandopulle who had been accused by the Committee Monitoring Election Violence (CMEV) for indulging in intimidation on election day too has written to the President asking her to cancel the poll. According to the law the President has no right to cancel any election once the result had been declared by the Commissioner of Elections. The only authority is the Supreme Court which could do so after examining the petitions filed in the Supreme Court. The UNP is to file nineteen petitions and the JVP is also expected to go to Supreme Court shortly to demand the cancellation of the NWP poll.
The UNP claims that the terror of the PA in Wayamba has now come to Colombo.’ We are not allowed even to protest peacefully against the PA’s move to destroy democracy’, said a senior UNPer. Mr. Wickremesinghe charged that Mrs. Kumaratunga was marching towards dictatorship and called upon the democratic minded people to rally round to topple the dictatorial march of President Kumaratunga. Mrs. Kumaratunga in her address to the nation on Independence Day stated that she would take action against her men who had indulged in election violence. The UNP leader claims that her action is only limited to words and nothing practical would ever take place. Mr. Wickremesinghe says that if the President had to put in practice what she preached, she would have to sack a number of ministers who are accused of having indulged in election violence and malpractices.
Mr. Wickremesinghe claims that the protest rally on Tuesday was a tremendous success. The UNPers from Colombo Central led the procession with a traditional ‘mala bera’ troupe in the lead. UNP sources said that it had planned a series of such protests and more coffins are to be burnt in a bid to protect democracy and safeguard the right to franchise of the people.
GMOA wants doctors’ matters to be handled by separate Commission, not under PSC
By Edward ArambawelaThe Government Medical Officers Association (GMOA) has asked the Government to appoint a Health Service Commission, on the lines of the Education Service Commission to deal with doctors’ appointments, promotions, transfers and disciplinary matters, which are presently handled by the Public Service Commission.
GMOA President Dr. Ananda Samarasekera told ‘The Island’ that the doctors were disappointed with the manner in which PSC handled medical matters.
He said that appeals sent to the PSC by the doctors on matters pertaining to promotions were often not taken up for years.
He said, last year the Health Ministry flying squad had nabbed three specialists in the Kurunegala Teaching Hospital for alleged violation of private practice regulations. They were sent on punishment transfers to the Colombo Teaching Hospital which in effect amounts to a promotion, because Kurunegala Hospital is only designated as a Teaching Hospital for it to come under the Health Ministry in Colombo. There was no Medical College attached to it. These punishment transfers had been approved by the PSC.
Another transformer blast averted
by Norman PalihawadanaOn information provided by people, Grandpass police on Thursday night defused a time bomb fixed to a electricity board transformer near Samagipura flats, police said yesterday. The improvised explosive device weighing approximately 300 grams was timed to explode at 9 am yesterday. Police said that 14 suspects have been taken in for questioning in connection with the abortive bid to blast the transformer near Samagipura flats.
Earlier in the day LTTE blasted an electricity board transformer at Norris Canal Road. Three persons have been detained in connection with the Norris Canal Road blast.
Since January 18, terrorists have blasted six transformers in Colombo. The six blasts have taken place in Fort, Kotahena and Borella.
However police with the help of the public had detected and defused six bombs during the same period. Some of the people who helped in the detection of bombs have been given cash rewards.
Unauthorised structures
by Indira PereraDeputy Mayor Colombo, Omar Kamil told ‘The Island’ recently that the increase of unauthorized structures in the City of Colombo is mainly due to obsolete laws. Explaining the legal procedure, he said, that initially they send a notice to the builder of the unauthorized structure, to demolish it within a stipulated time of two weeks. If it is not removed legal action is taken.
The Municipal Council’s Legal Department said that action is taken with the assistance of the Planning Department, as to the locations and demarcations of the structure . An extension is granted whilst the case is pending. They said that last year thirteen illegal structures were brought down after a long procedure through courts of law.
Eleven terrorists killed — Army
Troops on Thursday killed at least 11 terrorists and wounded three in separate confrontations in the Wanni, the Defence Ministry said yesterday. Of them two were killed and three wounded when troops attacked a small group of terrorists north of Karapaddamurippu. Others were killed northeast of Nedunkerni, west of Oddusudan, and northwest of Mankulam.
Two soldiers have been wounded in action during the confrontation northwest of Mankulam, the ministry said.
Cop poses as schoolboy to nab porn book vendor
by Azhara RabanThe Crimes Division of the Police Headquarters took in to custody two persons on Friday who were selling obscene literature in Grandpass, Colombo, Director of the Crimes Division told "The Island" yesterday. Around 50 pornographic magazines were seized along with the men after a policeman masquerading as a school boy had been directed to purchase these magazines from the vendors.
The raids were conducted on a directive of Senior DIG Crimes H. M. G. B Kotakadeniya.
Presidential Task Force of Child Abuse regularly monitors all offences against children and sex offenses, the Director said.
These vendors mainly target school boys. The magazines which are sold at prices ranging from Rs.20 to Rs.30 are sold immediately after school closes.
The two vendors have been bailed out in the Colombo Magistrate Court and have been asked to appear in court on Monday. Action is to be taken according to the Obscene Publication Amendment Act No. 22 of 1983 which carries a maximum sentence of Rs.2000 or imprisonment of either description for a term not exceeding six months or both.
The Director said free availability of such obscene literature could be attributer reasons for the large number of sex crimes in the country and that the police would continue their operation until these magazines are completely out of the market.
Hold independent inquiry on NWP poll violence, says PMFTA
Peradeniya Medical Faculty Teachers’ Association (PMFTA) in a statement on recent NWP poll says:
"The Peradeniya Faculty of Medicine Teachers Association is extremely perturbed by the events which are reported to have occurred at the recently concluded provincial council election of the Wayamba Province. We write to urge the government to hold an independent inquiry as early as possible to determine whether a free and fair election was held or not. We are also of the view that this country requires an independent election mechanism, which includes independent monitoring and policing systems. We as university teachers think and feel very strongly that we need such a mechanism to ensure free, fair and credible elections to elect legislators of the country.
"We also think it is now time to demand such a mechanism in view of the past and continuing violations of rights of voters. Not to do so would continue to erode the faith of the public in the democratic process and lead to increasing cynicism about peaceful means of political contest. More disturbingly this might encourage some to attempt non-democratic options an plunge the country to anarchy yet again. The members of the association observe with grave concern incidences of violation of human rights of children and women, reported to have occurred during the Wayamba Provincial Council election campaign. The association urge the government to take immediate action to apprehend those guilty of such violence".
Three persons arrested over blast
LTTE yesterday blasted another CEB transformer at Norris Canal Road near Colombo Medical Faculty, police said. Three persons who had been in the vicinity at the time of the blast have been detained in this connection, police said.
LTTE had blasted a couple of transformers in the Colombo in the past three weeks.
Election monitoring groups stress both UNP, PA should discipline partymen
by Shamindra FerdinandoThe Movement for Free and Fair Elections and People’s Action for Free and Fair Elections which have been highly critical of government’s conduct in the NWP poll to elect a new provincial administration believes that both the PA and the UNP leaderships must take action against partymen involved in acts of violence.Free Media Movement’s Varuna Karunatilleke involved in the monitoring of the poll yesterday told ‘The Island’ that on the day of the poll 90 per cent of the complaints received by them were against the PA.However, there has been a number of complaints against the UNP during the campaign and on the polls day.
According to election monitors on the day of the poll there were 394 complaints against the PA, 66 against the UNP and one against the JVP.Two complaints were also made against the police.A spokesperson for monitors said that in 199 cases, the victims have failed to identify the person or the persons involved in the violence.
She said that they have received 31 post-poll violent incidents.Of them eight complaints have been made against the PA, 12 against the UNP and one against the JVP, she said.Ten post-poll complaints have been made against unidentified person or persons.
The monitors,she said received exactly 1,000 pre-poll complaints relating to political violence.There were 449 complaints against the PA,226 against the UNP,six against JVP, two against police and 317 against unidentified persons.
According to figures available with the monitors of 1,693 complaints received since January 7 upto this week, 516 have been made against unidentified persons believed to be supporters of the two main parties.A total of 851 complaints have been made against the PA during this period.During the same period 304 complaints have been made against the UNP and eight against the JVP.
Karunatilleke said that whoever the person or persons involved, the leaderships of the PA and the UNP must take action against those involved.
Both parties have accused each other of killing a party supporter each.
Police headquarters yesterday said the UNP has made the highest number of complaints. They have made 785 complaints against the PA.The PA in return has made 401 complaints against the UNP.The JVP has made 131 complaints, almost all against the PA.The Liberal Party, Nava Samasaja Party and Muslim United Liberation Front have made eight complaints.
Police also said that 74 complaints have been lodged by ordinary people against poll violence. The majority of these 74 cases have been made against the PA.
Hundreds protest over release of cattle
(From Cyril Wimalasurendre)KANDY: A tense situation prevailed on Thursday (04) opposite the main entrance to the Kandy police station as hundreds of people including Buddhist monks gathered to prevent over one hundred and thirty (130) head of cattle being taken away from the premises of the police station following a court order delivered on the previous day.
The cattle including over 50 buffaloes were released by court to fourteen persons who were transporting them to Ja-Ela area from Dehiattakandiya of the Mahaweli region at the time the Kandy police conducted a raid at dawn last Saturday (30).
The cattle, the four lorries that were transporting the animals and 14 men were taken into custody by the police led by SI Uwindasiri.
The 14 men were charged before the Kandy Chief Magistrate A. L. M. M. Sahib who on finding them guilty to charges of cruelty to animals imposed a fine of Rs. 100 each and instructed the police to release the animals to them.
The Magistrate instructed the police to hold back the four lorries until the case of the vehicles was inquired into on February 17.
However, some religious organisations of the Avihinsa Sangamaya and some Sangha organisations registered their opposition to the release of the animals alleging that the cattle were being taken for slaughter.
Hence the members of the respective organisations and individuals thronged at the main gate of the Kandy police station to prevent the animals being taken away.
Meanwhile arrangements were made to buy the cattle which cost Rs. 600,000.
A collection was launched which exceeded Rs. 200,000 during the day and an appeal was made to the President for the release of at least Rs. 300,000 as part of the cost.
The appeal has been made by the Kandy Avihinsa Sangama whose President is Dr. C. Godamunne.
Dr. Godamunne told ‘The Island’ last afternoon that he was awaiting a favourable reply from President Kumaratunga.
Mass protests prompt govt. to put on hold International Medical College project
by Shamindra FerdinandoThe government under fire for granting Board of Investment [BOI] approval for the establishment of an international medical college with an in-house teaching hospital, this week decided to suspend the project. The Chairman and the Director General of BOI Mr. Thilan Wijesinghe yesterday said that they have decided to suspend the project. He said that a series of consultations will take place before a final decision is taken.
The BOI chief admitted that there is nothing in Sri Lanka’s law to prevent the establishment of a medical college or any other type of educational institute. He indicated that ongoing protests has prompted the government to suspend the project and study all the issues involved.
Both the BOI and the Attorney General’s Department last year cleared the way for the establishment of the medical college located on a two and half acre site at Narahenpita. The first of its kind here the Rs. 300 million project was previously scheduled to commence its first semester in October this year.
Dr. P. R. Anthonis, Prof. Rizwi Sheriff, Dr. C. G. Uragoda and Dr. Geethanjana Mendis are among the persons in the governing body of the proposed medical college which has been tied up with the world renowned Aberdeen University. A member of the governing council, Dr. Asoka Jayasena in December last year told ‘The Island’ that students passing out of their college will be awarded degrees by the Aberdeen University.
Although supporters of the project said that the proposed medical college will offer foreign degrees and the students will be treated as foreigners requiring to sit the Act 16 examination held by the Health Ministry if they intend to practice medicine here, several sections opposed the idea. The Medical Faculty Students’ Union and several other student organisations opposed the proposal to set up an international medical college.
This is the second case of a private medical college running into trouble waters here. During the UNP administration violent student demonstration erupted against the controversial establishment of the North Colombo Medical College [NCMC] which awarded the same medical faculty degree. Student unrest at that time led to closure of universities for over three years.
Informed sources said that the supporters of the project will seek the immediate lifting of the suspension of the project.
President’s participation in WEF paves way for more foreign business and investments – Info.Dept
President Chandrika Kumaratunga’s participation at the World Economic Forum held recently at Davos, Switzerland has paved the way to accrue more foreign business and investment with the participation of world’s largest business entrepreneurs. The main areas of activity that have fascinated for investment are software development, training in information technology, computer industry, sugar manufacturing and setting up of amusement parks, Information Department said in a press release issued on Thursday. The following is the text of the press release:
This annual representative gathering was attended by 20 Heads of States, business magnates, intellectuals and professionals, etc., etc. Over 40 leaders of the world business community attended the reception "Sri Lanka evening" hosted by the Sri Lankan Mission in Geneva under the patronage of President Chandrika Kumaratunga.
This included Scott Mencil CEO of the Sun Micro System, Kim Woo Choong, Chairman Daewoo Corp of Korea, Thomas Schmiheiny, Chairman Holder Bank of Switzerland, Thomas J. Bata, Chairman, Bata International Canada, Gean Noel Henneu Managing Director, Seeko Seiki of Belgium and Miechael Wo Garret, Executive Vice President of Nestle. The Indian delegation of major companies and other leading businessmen from Australia, Egypt, Oman, Switzerland and Canada were also present at this reception.
President Chandrika Kumaratunga has held separate talks with these representatives and many of the investors have expressed their readiness to invest in Sri Lanka. They were optimistic of the success of their investment in Sri Lanka largely due to innovative approach to adapt to the latest technology in various fields of their choice.
The President apprised the investors of the facilities and incentives available for them under the Board of Investment scheme.
Scott Mencil CEO of the Sun Micro Industry told the President they were positively interested in investing in the field of software development as Sri Lanka has potentials to expand its trade activity in this field to the countries in the region as well.
President also held talks with the Indian business delegation on their investment in the country. "The close proximity and the good relationship under the present rule between the two countries has already paved the way for expansion of trade and investment", said the President reminding them the favourable outcome of the Indo-Sri Lanka Free Trade Agreement signed during her visit to India in December 1998.
The Sri Lankan delegation which participated at the World Economic Forum, included the government officials and leading business entrepreneurs. Associated with the President during these talks at the ‘Sri Lanka evening’ reception were A. S. Jayawardene, Governor Central Bank, Tilan Wijeysinghe Chairman, BOI, Lal Jayawardene Presidential Advisor on Economic Affairs, Ken Balendra and Lalith Kotalawala who represented the Sri Lankan private sector.
