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Attorney General Dappula de Livera has been in the limelight during the past few weeks as a man on a mission serving indictments in several long dragging probes as well as calling for trial at bar benches to hear cases on several key incidents that took place during the former Mahinda Rajapaksa regime.

However, looking at the manner in which the Attorney General has been serving indictments and forcing law enforcement authorities to apprehend the accused, it is evident that the Attorney General is neither working for President Maithripala Sirisena nor Prime Minister Ranil Wickremesinghe, but according to the agenda of former Defence Secretary and presidential hopeful Gotabaya Rajapaksa.

It is reliably learnt that despite over 100 completed investigations pending before the Attorney General that have been forwarded by the police Financial Crimes Investigations Division (FCID) and the Criminal Investigations Department (CID) (e.g. money laundering cases against former monitoring MP of the External Affairs Ministry, Sajin Vaas Gunawardena, former Minister Mahindananda Aluthgamage and other SLPP figures), the Attorney General has selectively forced the CID to send files on open investigations (such as Lasantha Wickrematunge murder, Upali Tennakoon assault, Prageeth Eknaligoda disappearance and Keith Noyahr abduction).

The Attorney General, without allowing the completion of investigations, has rushed indictments against the junior officers against whom material is now available, while letting the likes of former Defence Secretary Gotabaya Rajapaksa escape.

It is also learnt that despite the CID’s vehement objections, the Attorney General had leaked to the public and media the very sensitive information relating to Warrant Officer Lalith Rajapakshe of the Tripoli Team allegedly involved in the murder and attacks on media personnel, blowing the cover of the CID officers who were investigating Rajapakshe, and alerting him to his impending arrest as well as the evidence against him (the fingerprint) allowing him to prepare a story before the CID could question him.

When Rajapakshe was arrested, the Attorney General has reprimanded the CID for keeping him in remand by using an identification parade, saying it was only an assault charge.

The Attorney General has also leaked to the media that Rajapakshe was to be charged with the Keith Noyahr abduction and leaked the charges against them, which in turn allows the defence counsel in that case to prepare their response even before the CID has had an opportunity to question the suspect on these charges.

Meanwhile, at the Supreme Court, the Attorney General recently agreed to amend Gotabaya Rajapaksa’s indictment in the D.A. Rajapaksa monument case, delaying that case even further.

It has now been almost a year since the case was filed and it was done despite the Supreme Court hearing the case before only three judges, when according to the Judicature Act Amendment last year, any challenge to a Permanent High Court at Bar order needs to be made before a bench of five Justices of the Supreme Court.

Also, the Attorney General has filed indictments in both the Rathupaswala shooting and Welikada prisons cases before a Trial-at-Bar, but has conveniently ignored all evidence against Gotabaya Rajapaksa and his people in both cases, and has not charged them, but has only resorted to accuse junior officers. (The Leader)

The Attorney General’s directive to the Acting Inspector General of Police (IGP) to arrest Avant Grade Maritime Services Limited Chairman, Nissanka Senadhipathi has come three days after the Defence Ministry, which is under the purview of the President had issued a letter expressing interest in resuming the Galle Weapon Storage Facility with Avant Garde, it is learnt.

The letter dated July 1, 2019 signed by Additional Secretary to the President, Rohana Abayarathna sent to Senashipathi states that a committee has been appointed under his (Abayarathna’s) chairmanship to study the matter of reinstating the Galle Weapon Storage Facility with Avant Garde Maritime Services Limited and that the committee wishes to interview Senadhipathi to clarify details about the business.

Invitation to a meeting

The letter has requested Senadhipathi to attend a meeting at the Defence Ministry on July 10th, 2019.

 Interestingly, three days after, on July 4th, an order was issued to arrest Senadhipathi along with seven other in connection to the Galle floating armoury case. Senadhipathi has stated that the Presidential Commission appointed to probe the matter had submitted its report in November 27, 2017 and that the report has outlined no irregularities in the business carried out by Avant Garde Maritime Services Limited.

The report has in fact has recommended the resumption of the business in manner that is beneficial to both the government and the private sector partner.

Senadhipathi, who is currently overseas for medical treatment, has said he had no reason to evade the law since he has not defrauded the country of monies like Arjuna Mahendran and has not committed a crime.

"I will return after treatment"

However, Senadhipathi has said he would return to Sri Lanka following his treatment and surrender court. He has made this statement in a Facebook post. Following is Senadhipathi’s post:

“I, Nissanka Senadhipathi, have shaped my life in line with the training I received as a soldier in the Sri Lanka Army Commando Regiment and my life’s motto is that of the Commando Regiment, “Nothing Impossible.”

Following a surgery I had to undergo about three and a half years ago, I have had to receive medical treatment in Singapore and Germany from time to time according to the recommendations made by specialist doctors in Sri Lanka. Accordingly, I had to travel overseas about three days ago for medical treatment and I did so after informing the Sri Lankan courts. I would like to inform the people of Sri Lanka that I have never tried to avoid or ignore the law of the country or try to manipulate it in any manner. I have not done so and have no intension of doing so in the future.

I have engaged in a joint venture with the government and have brought a large amount of foreign exchange to the country. Accordingly, I have paid 40% of the earnings (approximately Rs. 4,000 million) to the respective government in office. I have never used monies from Sri Lankan tax payers for any of my business endevours. My businesses have solely been dependent on foreign earnings.

Rakna Arakshaka Lanka Limited has already informed courts in writing that the weapons on board the Avant Garde vessel were purchased by Rakna Arakshaka Lanka Limited from the government’s central armoury (receipts issued by the central xrmoury to Rakna Arakshaka Lanka for the weapons purchased have also been filed before court). Also, the second Secretary of Defence of the Yahapalana government, Karunasena Hettiarachchi had granted official permission to transport these weapons on board the vessel from the Red Sea to the Galle Port. However, all these truths have been cast aside by some sinister element and attempts are now being made to arrest me claiming these weapons as well as the business were illegal.

I, Nissanka Senadhipathi, have always conducted all matters in a manner that would not bring any dishonor to my name. I will continue to carry out my actions in line with this discipline. While I’m in Singapore, I learnt through social media as well as through my friends in Sri Lanka that the Attorney General has directed the Acting Inspector General of Police (IGP) to arrest me.

When I heard about the order to arrest me, I decided to arrive in Sri Lanka and surrender to court as soon as my medical treatment is completed. Unlike those who have defrauded the country of billions of rupees and evaded arrest by hiding in a foreign country like Arjuna Mahendran, I will never opt to seek asylum in a foreign country since I have not committed a crime to do so.

I continue to believe in the court of law. I have documentary evidence to prove that the 816 weapons that were on board the vessel were purchased by Rakna Arakshaka Lanka from the central armoury, the legal manner in which Rakna Arakshaka Lanka handed over the weapons to the Avant Garde vessel to be used for maritime security, the usage of those weapons in maritime security work, the profits shared with the government from the business and how the weapons on government approval was being transported to the Galle Port to be handed back to the state.

War heroes and war veterans, my brothers and sisters, please join with me in this battle that I’m carry out to safeguard the future of your children. You are my strength!”

Over 2,000 drunk drivers have been arrested in Sri Lanka over the last seven days after police launched a special island-wide operation since July 5, police said in a statement here Thursday.

A total of 2,037 drivers were arrested from across the country till Thursday afternoon, in the special operations which will end on August 5.

Police spokesperson SP Ruwan Gunasekara said the drunk drivers would be fined Rs. 25,000 and officers who make the arrests would be rewarded.

Road accidents claimed over 3,000 lives in Sri Lanka last year.

Chief Magistrate of Colombo Lanka Jayaratne yesterday (9) granted bail to former Defence Secretary Hemasiri Fernando and Inspector General of Police (IGP) who is on compulsory leave, Pujith Jayasundera.

Fernando and Jayasundera were arrested and remanded last week over the Easter Sunday attacks under Sections 296, 298, 328 and 329 of the Penal Code. Section 296 deals with “Punishment for murder,” Section 298 with “Causing death by negligence,” Section 328 with “Causing hurt by an act which endangers life or the personal safety of others” and Section 329 with “Causing grievous hurt by act which endangers life or the personal safety of others.”

However, Magistrate Jayaratne when granting bail to the two individuals has informed court of the legal issues that backed the order to grant bail. The Magistrate has stated that the murder charges leveled against Fernando and Jayasundera under Section 296 were baseless.

Legal issues

The Magistrate has also referred to a court order delivered by former Chief Justice Shirani Bandaranayake where the then Chief Justice had stated that persons cannot be jailed “for the sake of requests made by the police or to serve the whims of another party,” the BBC Sinhala Service has reported.

The Magistrate has then noted that the two state officials had been arrested without even recording a statement from them. She has also pointed out that the two individuals were arrested according to a report submitted by a committee appointed by the President and that such a report was not legally admissible.

The Magistrate has also considered the failure to act based on information received on the terrorist attack does not amount to an omission which is so imminently dangerous that it must in all probability cause death under Section 294(4) of the Penal Code, does not constitute the intention of the murder charge. The Chief Magistrate has then referred to the inclusion of Section 298 (criminal negligence) against the suspects on their alleged omission and has said such inclusion was also questionable to maintain in this criminal inquiry as there was no cogent evidence to prove such negligence on their part.

The Court has further considered the remoteness of the incident and the suspects’ alleged omission to determine the ‘causal relationship’ with the incident. The Magistrate has said the court could not see the facts in court as having any close proximity to the alleged omission of the suspects as public servants and the Easter terrorist attack.

The Colombo Chief Magistrate remanded Fernando and Jayasundera till Tuesday (9) on July 3rd after their arrest. The bail request made on the 3rd was taken up yesterday (9).

AG’s allegations

On July 3rd when Fernando and Jayasundera were first produced before court after their arrest, Deputy Solicitor General Thusith Mudalige has told court that the suspects had absconded from their duties.

He has further noted that the suspects’ failure to act upon written and verbal intelligence reports on a potential suicide attack led to the loss of hundreds of lives. He has said the suspects who were in charge of the security of a country which has experienced a 30-year-long civil war, should be aware of the severity of suicide attacks.

The Deputy Solicitor General has further informed the court that as stated in article 294 of the Penal Code the suspects have committed a criminal offence for their failure to take action in preventing the loss of lives despite being aware of the potential threat and the availability of clear information.

Mudalige has further noted that if the suspects had carried out their duties, National Thawheed Jamath Leader Mohammed Zahran Hashim, who was responsible for the suicide attack, should have been arrested.

The Deputy Solicitor General has pointed out that if this could not have been done, measures should have been taken to evacuate the general public from locations which were potential targets.

He has explained that religious leaders, heads of the three armed forces, tourist hotels and the general public could have simply been informed through the media, Police media spokesperson and other modes of communication and that Fernando and Jayasundera had followed no such protocol.

Sri Lanka's schools are not teaching correct history, a government minister said giving credence a growing awareness that kids are being brainwashed with cherry picked historical accounts aimed at triggering nationalist hate through a centralized syllabus.

Sri Lanka's kings were not nationalist, Hill Country Development Minister Lakshman Kiriella said Tamils and Muslims were 'relatives' (nedayo) of the Sinhalese, despite false portrayal by some elements.

After long promoting hate against Tamils, teachers in Sri Lanka's schools are now turning aggressively into promoting hate against Muslims, according to some critics.

"I am please asking you to stop promoting ethnic hatred," Kiriella told parliament addressing some members of the opposition.

"The Tamils and Muslims are our relatives. The Tamils came from India. We also came from India. We have to accept that. Some people are not willing to accept that."

"When Muslims first came to Sri Lanka in the 16th century they married Sinhalese wives.

"When the Dutch chased away Muslims they went to King Senarath. Now if they came to meet what will happen? It was King Senarath who told them to settle in the East and look after the area for him. That is how our Sinhalese kings behaved.

"It was King Senarath who gave the land to build the Church in Vavuniya, Sir."

"But we are not taught this in school."

He said several Sri Lankan kings were 'Tamil'.

King Vijaya Rajasingha of Kandy was the brother of the wife of King Vira Narendra Sinha who was a Nayak Princess from present-day Tamil Nadu.

"There was the choice of a Sinhala and Tamil prince for the throne. One was Unambuwe Kumaraya, the son of Unambuwer Kumarihami. The other was Vijaya Rajasinha, who was King Narendrasinghe's wives brother.

Kiriella said the Joseph Vaz, the Catholic leader who was recently beatified by the Pope was buried in Kandy.

"The Kings of Kandy has given a example to the nation about a culture without nationalist hatred.

"We had this culture in our country. But this history in not taught in school. Most people only know the victory of 1956. We also know the 71 and 89 rebellions. That is what we know. Political philosophers have said that centralized syllabi of state schools were a key trigger of ethnic violence in newly independent European states as well.

Some of the worst ethno-linguistic and ethno-religious violence was seen in Eastern Europe after imperial and monarchical rule was replaced by the popular vote (democracy).

"Western Europe developed the system of obligatory public education," wrote Ludwig von Mises, who saw Nazism emerge out of democracy in Europe after the Austro-Hungarian Empire broke down.

"It came to Eastern Europe as an achievement of Western civilization.

"But in the linguistically mixed territories it turned into a dreadful weapon in the hands of governments determined to change the linguistic allegiance of their subjects.

"The philanthropists and pedagogues of England who advocated public education did not foresee what waves of hatred and resentment would rise out of this institution."

Source: EconomyNext

Chairman of the Ceylon Chamber of Commerce (CCC) Dr. Hans Wijayasuriya has come under fire for his alleged attempt to carry out a political agenda using the CCC over the statement issued by him through the Chamber calling on the government to be more transparent on the Status of Forces Agreement (SOFA) and the Millennium Challenge Corporation (MCC) Agreement with the United States (US).

The Prime Minister’s Office in a written response to the statement has stated, “politicization of this reputable business conglomerate under your recent assumption of leadership is to be much regretted”.

The CCC Chairman in his statement had expressed concerns on the consequences surrounding the proposed SOFA and the MCC Agreement with the US

Secretary to Prime Minister Ranil Wickremesinghe, E.M S.B. Ekanayake has replied to Dr. Wijayasuriya in writing on Saturday (6).

Ekanayake has stated that the Prime Minister’s Office was perturbed by the “CCC’s ignorance” on the contents of the SOFA and the MCC.

“You will note that the government has adhered to the values of good governance and transparency to the CCC and its constituent members were informed of the ongoing negotiations with the MCC on April 4, 2016, April 7, 2016, April 8, 2016, June 14, 2016, June 22, 2016, April 5, 20I7, April 6, 2017, October 9 to October 19, 2018 and October 27, 2018.

“You have also been informed of the specific projects coming within the MCC as per the development plan. As you are aware, these projects were proposed by the Government of Sri Lanka. The US Government provided US $490 million as a grant. After the signing of the compact it had to be presented to Parliament for legislative approval - a legal procedure that is followed in the USA and some continental European countries.

According to the Standing Orders of Parliament, this compact will be reviewed by the Oversight Committee and will be open to the interested parties,” Ekanayake has stated in the letter.

Referring to the SOFA, Ekanayake has stated that there is no such proposal forwarded by the Defence Ministry to the Cabinet.

He has further noted, “While appreciating the opportunity to reiterate these facts pertaining to these matters, the Prime Minister is also somewhat surprised that the CCC which has been a stakeholder participating in the process is now claiming ignorance. In his view, this brings up the question of your own motives and credibility in following the line taken by certain political parties with their own political agenda for elections.”

Ekanayake’s letter to the CCC Chairman has also contained attached annexures detailing the contents of the MCC.

Two boats carrying banned drugs from Pakistani coast city Karachi to Sri Lanka were reportedly intercepted by Sri Lankan Coast guards on Wednesday.

The operation was successfully executed based on the inputs by Indian security agencies, ANI reports.

The successful capture comes after the Narcotics Control Bureau (NCB) shared a specific input with information about two boats carrying banned drugs from Karachi to Sri Lanka.

The input which was shared with Indian authorities by NCB was consecutively forwarded to concerned Sri Lankan agencies following which a timely intervention by coast guards prevented the illegal trade.

According to Indian intelligence agencies, this drug business is a major source of income for Pakistan ISI and they use this in terror funding.

The funds through such trade are also used to fund extremist ideology in Sri Lanka.

Indian security agencies maintain that the sea route is safest for drug business and boats and ships carry these drugs on a regular basis.

Coast Guards of India and Sri Lanka work closely in areas of coastal security and prevention of illegal activities along their maritime boundary.

Source: ANI

President Maithripala Sirisena is to leave for the UK today (8) on a three day private visit.

The President is travelling with his family to attend the graduation ceremony of his son Daham Sirisena in the UK.

It is believed that upon the President's return to the country, he would request the Supreme Court to determine the date from when his presidential term commenced - whether it was January 9, 2015 (when the Elections Commissioner announced he was elected president) or May 15, 2015 (when the 19th Amendment to the Constitution was implemented).

The Supreme Court (SC) has today (10) given time to the Attorney General (AG) to respond to the fundamental rights (FR) application filed by missing journalist, Prageeth Eknaligoda’s wife, Sandhya Eknaligoda.

Sandhya filed a fundamental rights petition in the Supreme Court against the Presidential directive to grant a presidential pardon to Bodhu Bala Sena (BBS) General Secretary, Ven. Galagodaththe Gnanasara Thero, who was jailed over contempt of court charges.

In her petition, Sandhya has noted that Ven. Gnanasara Thero was convicted of contempt of court charges by the Court of Appeal and delivered a 19 year prison sentence in prison to be served in six years.

The petitioner had requested court to deliver an order that the President’s decision to grant a pardon to the Thero has violated her fundamental rights granted by the Constitution of the country.

Sandhya’s petition was taken up today by a three judge Supreme Court bench headed by Chief Justice Jayantha Jayasuriya and including Justices Prasanna Jayawardena and L.T.B. Dehideniya.

When the petition was taken up, the Additional Solicitor General appearing on behalf of the AG had requested for time to respond after consulting the respondents cited by the petitioner.

The Supreme Court has granted the AG time and fixed to take the petition again on September 10th. Court has also directed that notice be issued to the respondents.

United People’s Freedom Alliance (UPFA) MP and leader of the “Joint Opposition” (JO) in parliament, Dinesh Gunawardena has said the “JO” has decided to support the no-confidence motion against the government that was presented to Parliament by the Janatha Vimukthi Peramuna (JVP).

Gunawardena say the “JO” party leaders had decided that the group would support the no-confidence motion.

“We have decided to support the no-confidence motion of the JVP against the government despite our party differences,” he has told the media.

The JVP submitted the no-confidence motion on the 21st of May and the motion is to be taken up in parliament on Wednesday (10) and Thursday (11).

The JVP’s no-confidence motion has sought parliament’s approval on the fact that the House has no confidence in the government and holds it directly responsible for the Easter Sunday attacks.

The United National Front (UNF) government is however confident of defeating the no-confidence motion with the support of the Tamil National Alliance (TNA).

EU Counter-Terrorism Coordinator to visit Sri Lanka and the Maldives

The European Union's (EU) Counter-Terrorism Coordinator, Mr Gilles de Kerchove, will visit Sri Lanka and the Maldives from 11-16 July 2019. The visits aim to support the two countries in their respective efforts to step up security and develop a better exchange of experiences.

While in Sri Lanka, Mr. de Kerchove will meet high-level representatives of the Sri Lankan Government, the Opposition, and the defence establishment, as well as with civil society representatives. In the Maldives, Mr. de Kerchove is expected to have several Ministerial-level meetings as well as discussions with security officials.

He will also meet representatives of the diplomatic community in Sri Lanka and the Maldives.

Gilles de Kerchove has been the EU's Counter-Terrorism Coordinator since 2007. He also teaches European Law at the Catholic University of Louvain, the Free University of Brussels and the Saint-Louis University of Brussels. Mr de Kerchove has published a number of articles and books on European law, human rights, security and counter terrorism.

The controversy surrounding the exact number of cadres of the Liberation Tigers of Tamil Eelam (LTTE), who surrendered to the Sri Lanka Army during the final stages of the war, has resurfaced with the claim by Sri Lanka Army that LTTE cadres had not surrendered to them while families of missing LTTE cadres claim that it was only the military on the ground during the last stages of the war.

The Army had made this claim in response to a Right to Information (RTI) application submitted by a journalist seeking information on LTTE cadres who reportedly surrendered to the military during the final stages of the war. The response given by the Army was published in many Northern Tamil newspapers, but the story had not reached the media in the South. According to the Northern Tamil media reports, the Army had claimed the LTTE cadres had surrendered to government authorities and not to the military.

The response by the Army to the RTI application has now stirred up emotions among families of missing rebels, former LTTE cadres as well as Tamil politicians. Several LTTE cadres had reportedly surrendered to the Army during the final stages of the war but there has not been any information on the exact number or their identities.

The latest claim by the Sri Lanka Army has also stirred up the controversial “White Flag” case where several LTTE leaders who had reportedly surrendered to the military during the final stages of the war were gunned down.

Meanwhile, former LTTE cadre Chandralingam alias Thulasi has told the weekly English newspaper, The Sunday Morning that there were no doubt LTTE cadres surrendered directly to the army. He has said that he was among those who surrendered to the Army and was later rehabilitated and released. Thulasi has noted that during the final stages of the war only the Army had access to the war zone and not government officials.

Various attempts have been made since the end the war to obtain information on the LTTE cadres who had surrendered to the Army. Leaked videos after the war also showed LTTE cadres, including several female LTTE cadres being screened by the military. Also, former Northern Provincial Council member Anandi Saseetharan has told The Sunday Morning that she had no doubt that LTTE cadres surrendered to the Army during the final stages of the war.

Her husband Elilan was among the LTTE cadres she claims had surrendered to the Army. Saseetharan, who also campaigns on behalf of the families of the missing, has said that the news that the LTTE cadres did not surrender to the Army has created a lot of anguish among the families of the missing LTTE members.

The Army however, maintains that the LTTE cadres had surrendered to government officials and not to the military during the final stages of the war. Army spokesman Brigadier Sumith Atapattu has said the Army had only acted as the facilitator to hand over those who surrendered to officials from the Rehabilitation Ministry or department.

According to the Spokesperson, the Army was the first point of contact for the LTTE cadres who surrendered in the war zone. He has added that all those who surrendered were taken to safe areas and then handed over to government officials.