Around noon Thursday, Army Commander Lt. Gen. Jagath Jayasuriya received a telephone call. It was Minister Mahinda Samarasinghe wanting to know why Sarath Fonseka, MP was not escorted to Parliament sittings that day. He was not in Parliament on Friday too.
He replied that it was against military law and hence legally not possible.
Army sources told the Sunday Times their Commander was acting under Court Martial Regulations. The source cited (Section 144) in the Subsidiary Legislation under the Army Act, that deals with confirmation and promulgation of proceedings. Among other matters, it states, "…….. If the sentence is, or includes, forfeiture of seniority or rank, or reduction to a lower grade or to the ranks, instructions shall, at the same time, be given that the accused shall not, unless the exigencies of the service demand it, be given any duties whatsoever until the promulgation of the proceedings; and in such cases the accused may, in the interests of discipline, be placed under open arrest. In all other cases, an accused shall be kept in close arrest until the promulgation of the proceedings."
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| Fonseka: The General who won the war |
However, Opposition Leader Ranil Wickremesinghe speaking on an issue of privilege raised by Dayasiri Jayasekera (UNP - Kurunegala District) in Parliament on Thursday accused the Army of denying Fonseka his privilege as a parliamentarian. Pointing out that "no one can violate an MP's rights and privileges," Wickremesinghe argued that Fonseka could attend Parliament until the sentence against him is promulgated. Also raising issue was JVP's Anura Kumara Dissanayake.
Whoever is right, whether it is the Commander of the Army or the Leader of the Opposition, Thursday's absence of Fonseka in Parliament sent a very clear message. Now, he is no more a parliamentarian but a prisoner waiting for his cell, according to the Government. He will not be able to attend Parliament sessions in the future. An officer who rose to become Sri Lanka's first serving General, won accolades from this very Government "as the best Army Commander in the world" for defeating Tiger guerrillas ended up in ignominy after being cashiered. He lost his rank, decoration medals, gallantry titles and his pension. If he took to politics, he lost a presidential election but won a parliamentary seat.
Next week, President Mahinda Rajapaksa, who is the "Confirming Authority" under military law, will determine whether Fonseka will serve a simple or rigorous imprisonment for two and half years. He faces further jail sentences if found guilty in at least three other cases pending before civil courts.
Minister Samarasinghe's inquiry from Lt. Gen. Jayasuriya had little to do with the Fonseka issue in Parliament. He is preparing for next week's meeting of the Human Rights Committee of the Inter Parliamentary Union (IPU) in Geneva. It will be held from October 2 to 7. For a second time, the Government has tasked him to present its case in the light of a complaint by the UNP.
The first came when Samarasinghe went armed with documents to Nairobi, Kenya, where the 56th annual sessions of the Commonwealth Parliamentary Association (CPA) was held. The local committee of the CPA voted out Fonseka, who was to take part. The government was warned that Vijitha Herath (JVP - Gamapaha District), the replacement, in the Sri Lanka delegation, might raise issue. The matter did not come up at any formal sessions. Herath only briefed participants informally. Since he is not as articulate in English as he is in Sinhala, it was more a case of handing in print material.
However, Dr. Jayawardena, who styles himself as Assistant Secretary of the UNP in charge of relief and human rights, has sent in a seven-page complaint to Anders B. Johnson, Secretary General of the Inter Parliamentary Union. He has said, "I am making this representation with the knowledge and consent of General Sarath Fonseka."
Dr. Jayawardena who wants to represent Fonseka personally at the Geneva sessions claims, "Gen. Sarath Fonseka was taken into custody by the Sri Lanka Army illegally and immorally while he was in his office in Colombo. He was more or less taken by force. The government media announced that Gen. Fonseka will be subject to court martial under the military law. Even though he retired from the active service of the Army, up to date he has been kept under Army custody violating his fundamental rights…."
The Opposition parties, it appears, have been unable to generate much support locally so far. That is in marked contrast to just eight months ago when Fonseka became the presidential candidate. Opposition parties fell over each other to support him fuelling widespread speculation that he would be the winner and the next President. Such was the frenzy as momentum gathered. Yet, Mahinda Rajapaksa defeated him convincingly.
Little play in media
Last Thursday, there was only UNP's Jayasekera, leader Wickremesinghe and JVP's Dissanayake who spoke for Fonseka in Parliament. Locally, there were no prime time TV slots. In front pages of most local print media, it received little play. The main story centred on the blast of explosives at the Karadiyanaru Police.
In Parliament on Thursday, Mervyn Silva, Deputy Minister of Highways, was to make a serious allegation. He said, "I have evidence that Sarath Fonseka was behind the killing of Lasantha Wickremetunge (the Founder Editor of the Sunday Leader). We know that Lasantha wrote against President Mahinda Rajapaksa and Defence Secretary Gotabaya Rajapaksa for a long time but no harm came to him. Before he died, he met with the President. They were on good terms. Only when he started writing against Fonseka that he was killed.
"I have evidence to prove that Fonseka was behind the killing. The intention was not to kill him but he died because of the attack. He was also behind the attacks on journalists Upali Tennakoon and Keith Noyahr. I ask the UNP not to defend murderers. I ask the Government to conduct an inquiry into these matters."
Silva cannot be taken too seriously but even so, his declaration that "I have evidence to prove that Fonseka is behind the killing of Lasantha Wickremetunga" would no doubt be valuable information to the Criminal Investigations Department (CID). For months now, detectives have been investigating the killing of Wickremetunga, kidnapping, assaults and harassment of other journalists. Several soldiers were detained and questioned.
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| Wickremesinghe: Knows how to protect his leadership post |
Premadasa: Continues efforts to hold elections to party posts |
On September 17, the Judge Advocate Rear Admiral Shavindra Fernando asked the President of the General Court Martial, Major General Milinda Peiris, and his two colleagues whether they had reached their verdict. Each of them said they have found Fonseka guilty on all four counts. The charges preferred against him were under 109 (e) of the Army Act.
This section states "Every person subject to military law who - (e) commits any other fraudulent act herein before not particularly specified, or any act of a cruel, indecent or unnatural kind, shall be guilty of a military offence and shall, on conviction by a court martial, be liable to suffer simple or rigorous imprisonment for a term not exceeding three years or any less severe punishment in the scale set out in section 133."
The other members of the GCM, were Major General Lalith Daulagala and Major General Mahinda Hathurusinghe. The GCM sittings began on March 31 this year. Two different charge sheets, each containing two charges under the heading "disgraceful conduct", were preferred against then General Fonseka. Lt. Gen. Jagath Jayasuriya had signed both on March 24, 2010.
The preamble to all the charges noted, "you 0/50536 General G.S.C. Fonseka being an officer of the regular force of the Sri Lanka Army whilst on active service being the Commander of the Sri Lanka Army served as Chairman of the Tender Board…." It concluded by saying
"…..in the knowledge of the fact that your son in law Danuna Thilakaratne had an interest or concern with the M/S Hicorp (Pvt) Ltd. aforesaid which relationship if disclosed, would have required you to dissociate yourself from the tender process in accordance with paragraphs 1:4:2 and 1:4:3 of the Procurement Guidelines of 2006, and that you concealed the said relationship up to the date of your retirement on the 14th November 2009 and thereby you did commit a fraudulent act punishable under Section 109 of the Army Act No 17 of 1949 (Chapter 357) of the Legislative Enactments of Sri Lanka (Ceylon)."
Charge Sheet I listed the following two charges:
1. The procurement of Day Vision Binocular (234 nos) under reference No: 2:141:788 from M/S British Borneo Defence - Australia through M/S Hicorp (Pvt.) Ltd. and awarded the tender to the British Borneo Defence - Australia through M/s Hicorp (Pvt) Ltd. on or about 6th day of November 2007.
2. The procurement of 12 Volt maintenance free battery (50 nos) reference No: 2:14:1-510 from M/S British Borneo Defence - Australia through M/S Hicorp (Pvt) Ltd. and awarded the tender to the British Borneo Defence - Australia through M/S Hicorp (Pvt) Ltd. on or about 23rd day of August 2007.
Charge Sheet II listed the following two charges:
1. The procurement of 5 KVA Generator (50 nos) under reference No: DPC/2008/2:14:1-86 from M/S British Borneo Defence - Australia through M/S Hicorp (Pvt) Ltd. and awarded the tender to the British Borneo Defence - Australia through M/S Hicorp (Pvt) Ltd. on or about 28th day of February 2008.
2. The procurement of VHF Direction Finder (03 nos) under reference No: DPC/2008/2:14:1/502 from M/S British Bonneo Defence - Australia through M/S Hicorp (Pvt) Ltd. and awarded the tender to the British Borneo Defence - Australia through M/S Hicorp (Pvt) Ltd on or about 23rd day of July 2008.
The second GCM probing Fonseka began on March 31, 2010. Here is a brief account of the proceedings that day:
Major General Milinda Peiris (President): Accused General, do you plead guilty or not guilty the first charge?
Accused General Fonseka: I don't accept the jurisdiction of the Court and legal objection will be formulated.
Maj. Gen. Peiris: Do you plead guilty or not guilty for the second charge?
Accused General Fonseka: I don't accept the jurisdiction of the Court and legal action will be formulated.
Judge Advocate Rear Admiral Shavindra Fernando: Mr. (Rienzie) Aresecularatne, I believe you are going to take an objection.
Defence Counsel Aresecularatne: Your Honour, as I submitted in the earlier Court Martial we need time to prepare this objection on the question of the jurisdiction.
Judge Advocate Rear Admiral Shavindra Fernando: Is it possible for you if a date is given to submit it in the form of a written submission?
Defence Counsel Aresecularatne: Certainly, Your Honour.
Judge Advocate Rear Admiral Shavindra Fernando: Mr Aluvihare
Prosecuting Counsel Bhuvanaka Aluvihare: Yes, Your Honour. I am agreeable.
That dialogue showed that the former Army Commander did not recognise the GCM and his counsel was challenging its jurisdiction.
On September 17, Judge Advocate Shavindra Fernando wrote to the Convening Authority, the Commander of the Army, Lt. Gen. Jayasuriya. It contained the Court's verdict that Fonseka was guilty of all four charges and recommended a two and half year's rigorous imprisonment. The Subsidiary Legislation under the Army Act carries a sentence not exceeding one year for "disgraceful conduct or a cruel, indecent or unnatural kind." However, it adds: "If the offence has been committed in circumstances which adds to its gravity, the sentence should be proportionately increased up to the maximum of three years."
In terms of the constitution, no person shall be qualified to be elected as a member of parliament or to sit and vote in parliament if he or she is convicted for over two years. Army Commander, Lt. Gen. Jayasuriya has forwarded the judgment and recommendations to the Confirming Authority, President Mahinda Rajapaksa. He is due to confirm the findings and promulgate them in a Gazette notification. It is expected anytime after President Rajapaksa, now in New York, returns to Sri Lanka on September 28.
Fonseka is now the leader of the Democratic National Alliance (DNA). Its major constituent is the Janatha Vimukthi Peramuna (JVP). Somawansa Amerasinghe, leader of the JVP, told the Sunday Times "We don't accept the whole unlawful, unjustifiable process from the very beginning. It is not only the sentence that has been publicised. It's too early to come to the conclusion that Gen. Fonseka will lose his seat in Parliament."
In the light of this, he said the question of Anoma Fonseka entering Parliament when her husband Sarath loses his seat "is irrelevant." He was alluding to last week's the Sunday Times front-page report which said Ms Fonseka was a likely replacement.
The report said it was likely that the DNA National List MP Tiran Alles would resign his seat to pave the way for her. This is in the light of the requirement that the next DNA candidate who received the highest number of votes at the April parliamentary elections would succeed. Some JVP members believe Alles, a staunch supporter of the Fonseka couple, would pave the way for Anoma to be in Parliament to continue "the struggle to free Sarath Fonseka." However, other DNA sources insist Alles is not in favour of sacrificing his seat in Parliament.
The UNP will launch a religious campaign, its leader Ranil Wickremesinghe told the Sunday Times. He said the party would hold a Bodhi Pooja (prayer) campaign beginning October 3. The first one will be in Dompe where Seth Kavi (benedictory verses) will be chanted. Wickremesinghe said, thereafter, it will extend to other towns. All Opposition parties were welcome to take part since this is a religious event, he added.
Ranil happy
Wickremesinghe was in a buoyant mood yesterday. On Thursday he told the UNP parliamentary group that the seven MPs who supported the 18th Amendment to the Constitution were suspended. The Opposition Chief Whip, John Ameratunga is to write to them officially on his return from the US. However, Ameratunga himself remains shrouded in a controversy over his close association with UPFA leaders.
After references to him last week, Ameratunga wrote to the Sunday Times from Washington D.C. This is what he had to say:
"In your column you have stated that I had told my supporters that I would make a decision after my return; this has to be pure conjecture? While I agree that I have publicly stated many times the UNP needs to get its act together without delay in order to rebuild it into the power it was, I have not given any indication that I would abandon my party to which I have been steadfastly loyal. I have also said that the solution to our present crisis lies within our own party.
"Our Party leaders must find a solution as to how power within the party can be shared and I have advocated this approach always. You had also referred to an invitation I received from the Ministry of Foreign Affairs to attend the current United Nations General Assembly. There was a practice during President Jayewardene's tenure to invite opposition MPs to be part of the delegation to the UN, because it provided an opportunity for Members to network, build new connections, and listen to world leaders. Therefore, when an invitation was extended to me I accepted the invitation in good faith and informed the Leader of my Party. Subsequently, however the Leader of the UNP advised me that I should not attend in view of the impending no-confidence motion against the External Affairs Minister.
"Hence, I informed the Government authorities that I would not be attending the sessions on its invitation. I even made a statement to the press to that effect prior to my departure. I am presently on a private tour of Washington D.C. to visit my daughter and her family. I also note that your column referred to proceedings of our Party's Working Committee meeting on 18th September 2010. Your column had referred to a statement made by Ravi Karunanayake. I quote from your column: "Ravi Karunanayake (MP-Colombo District) asked what was wrong with Ameratunga? " He is alleged to have said: "the Chief Opposition Whip had been 'whipped' by the government to go abroad" and that "Ameratunga was consorting with the Government".
"Mr. Karunanayake may or may not have said this, but in any event if he did say so in my absence, I would be very sad that a relatively junior member of the party and person who joined our party from the DUNF should have made such an unfair statement against a very senior member at a time when the party is desperately trying to keep its flock together. The Party Leader, who is also Leader of the Opposition, had given him an assurance that I had kept him informed about my private visit to the United States and this is what counts I presume! Furthermore, the report states that Mr. Karunanayke had stated that my daughter lives in Boston and not in Washington D.C.
"I am totally surprised as to how Mr. Karunanayake even knew about my daughter's existence in the US, since we have not been close. The alleged statement is purely to cause mischief at a time when there is enough mud being cast at the Party, and is a deliberate and malicious attempt to cause me embarrassment and pain of mind, for which I am taking legal advice. I do not wish to say anything more in the interest of party unity, I would sincerely urge anyone who is interested in the Party and its future to desist from mud slinging and character assassination, and to behave with dignity which was once the hallmark of the UNP."
Firstly, as I said last week, Ameratunga did speak with some of his supporters. He mentioned the worsening state in his party and declared he would have to take a decision upon his return. This is by no means conjecture. As for the rest of the references, he basically confirms his invitation by the Government to join the Presidential entourage to the UN, and he complains mainly on the reportage of the proceedings of the Working Committee where not only Ravi Karunanayake (UNP-Colombo District) but also Thalatha Athukorale (UNP-Ratnapura District), Kabir Hashim (UNP-Kegalle District) and Dayasiri Jayasekera (UNP - Kurunegala District) also made references. However, Ameratunga has only taken exception to what Karunanayake had said.
Karunanayake told the Sunday Times. "I am not surprised at all over what John Ameratunga says. You have reported accurately what transpired at the Working Committee. I referred to the Chief Opposition Whip and did not say Ameratunga though he holds that high office with responsibility to maintain discipline. He confirms the party is in the midst of a crisis. Though a senior, he takes umbrage at late J.R. Jayewardene who asked opposition MPs to serve in delegations to the UN for accepting this Government's invitation.
The principle underlying the late Jayewardene's action is very clear. He wanted to give equal opportunities to MPs in Parliament. This is distinctly different from what happened last week.
"He calls me a junior though I am 17 years in Parliament. The Chief Opposition Whip first 'accepts' the government's invitation. That is not the only self-confession. He admits that he 'informed' the leader only thereafter. Is this the correct thing to do for a Whip when the party, as he points out, 'is desperately trying to keep its flock together? That I have come from the DUNF is no secret. I remain loyal to the United National Party (UNP). This loyalty has never been challenged. Ameratunga was one of those who endorsed the unanimous decision of our MPs and the working committee on September 7 to oppose the 18th Amendment to the Constitution.
"We decided to protest against it. What does he do? He cites the late Jayewardene, accepts a government invitation and only then informs the leader. Why? He wants to have 'an opportunity to network, build new connections, and listen to world leaders.' To any dim-witted person, it is clear what this network and new connections are. Is that not an embarrassment to the party when a senior member behaves this way? I do not have to know anyone personally to determine what is true. Let him seek legal advice. He needs it. All we need is for the public, particularly those who have implicit faith in our party, to know the real reasons for the crisis. His letter speaks a lot."
Can’t sideline Karu
The leadership crisis or what is now a deputy leadership crisis in the UNP continues. The pro-Sajith Premadasa Group says that his position all along has been that the party should have a Senior Leader (Ranil Wickremesinghe); Leader (Sajith Premadasa) and Deputy Leader (Karu Jayasuriya). Malik Samarawickrema, the interlocutor, has ruled this out saying that Wickremesinghe will never agree to this as it would be a sidelining of Jayasuriya.
The confusion over Premadasa's willingness to accept the post of Deputy Leader arose after a meeting he had with Colombo District MP Mohan Lal Grero last week. He had met Premadasa on Tuesday (September 14) and urged Premadasa to become Deputy Leader. Premadasa agreed. Grero met Wickremesinghe to convey this. Later, Kabir Hashim who is playing interlocutor on behalf of the Premadasa Group met Wickremesinghe. He had again articulated the position of the Premadasa faction, but the UNP leader had laughed. He had told Hashim "what are you talking?" Premadasa has agreed to accept the Deputy Leader position, he said, and got Grero on the telephone line. Grero confirmed Premadasa had told him so.
The Premadasa faction got into a dither and then questioned Premadasa himself whether he had agreed to anything of the sort with Grero. Premadasa's position was that many people come and say various things to him. He had said okay to all of them. That night his faction held an emergency meeting and got Premadasa on the phone. They told him that there is total confusion and to issue a statement. He did so in remarks to Daily Mirror saying he did not want any post in the party.
On Friday night (September 17) the Premadasa faction met from 10 am to 5.30 pm at the Kalinga Mawatha residence of Bodhi Ranasinghe, a major player in the pro-Premadasa Group to discuss action ahead of the Working Committee meeting. While the majority of the pro-Premadasa Group remained in Ranasinghe's residence, Hashim held another meeting at his house between a representative group of the Premadasa faction (Ranjit Madduma Bandara, Thalatha Athukorale, Dayasiri Jayasekera and Bodhi Ranasinghe) and the Wickremesinghe loyalists (Joseph Michael Perera and Malik Samarawickrema). The Premadasa faction kept asking for the creation of posts of Senior Leader, Leader and Deputy Leader - again shot down by the Wickremesinghe backers. The issue was whether one could sacrifice Karu Jayasuriya (incumbent deputy leader) in this exercise. Jospeh Michael Perera suggested that Gamini Jayawickrema Perera might be persuaded to resign as Chairman and cede the post to Jayasuriya.
After the Working Committee meeting on Saturday (September 18), where Hasim had asked for ten days time to work out a 'final solution', the Premadasa faction met the next morning again at Ranasinghe's residence, now the temporary headquarters of the Premadasa camp. That evening at 6 p.m. Malik Samarawickrema drove from Kandy to discuss matters with this group. The faction's decision was to urge that all the outstanding matters be raised at the annual convention scheduled for end November/early December. They would not take up any positions until then. Samarawickrema asked if the Deputy Leadership issue could be sorted out before that. He said the party should not hold a convention with outstanding problems and pressed for Premadasa to take up this post.
Later in the week, with the 10-day deadline approaching, the faction agreed on the following;
= Constitutional reforms as decided by the Working Committee (WC), being drafted into the party Constitution by Tilak Marapana's Committee to be finalized by the end of September.
= To allow Provincial Council, Local Government and Pradeshiya Sabha members to be an electoral college with voting rights to elect positions agreed to by the WC two months ago. (As there are some 1,800 such members - only 10% be eligible to vote).
There is already a system by which these councillors nominate persons through some Bala Mandalayas to vote for the party's Women's and Youth Leagues. They want the same principle for nominating persons to elect the party leaders. As there are some 300 party members facing disciplinary inquiries, which are before court, they would be excluded. This electoral college will be given this vote only to elect party leaders.
The party Constitution will go before the convention for ratification and then to the Working Committee to call for elections for office-bearers for the Year 2011 thereafter - for the posts already agreed upon by the party reforms committee. This means there will not be any Senior Leader or Senior Deputy Leader posts - only those agreed to by the WC earlier on the recommendations of the party reforms committee.
In the intervening period, between now and the annual convention, the Premadasa faction has asked Hashim to convey three conditions to Wickremesinghe. This is to be a cooling off period to resolve the current imbroglio within the UNP. They are:
1. To agree to Provincial Councillors and other local councillors to be included in the voting of the next leader.
2. No disciplinary action against any persons who have given voice-cuts and interviews to the media about the leadership struggle in the recent months.
3. To withhold any further appointments to party positions. (An example cited is Mangala Samaraweera's appointment to head UNP Media operations).
However, the latest demands of the Sajith Premadasa faction may not materialise after all. Yesterday, Hashim was unable to meet Wickremesinghe. He was in Kandy taking part in several party events including the newly launched activities of the Yovun Peramuna
The point to which these developments have now reached, is that in every likelihood, Ranil Wickremesinghe will continue to be the UNP Leader till the end of 2010, and every possibility of him continuing even into 2011. Sajith Premadasa, his main contender will go for the Deputy Leader post, with Karu Jayasuriya being the eventual victim. The exit of Lakshman Seneviratne, a vociferous critic of Wickremesinghe and now being labelled a 'traitor' by both the Wickremsinghe faction and the Premadasa faction appears to have weakened the resolve to oust Wickremesinghe from the party leadership. |
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