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Field Marshall Sarath Fonseka fired the first shot. When CID detectives, probing the daylight killing of former editor Lasantha Wickrematunge, came to question him in January and obtain his testimony, he laid the blame squarely at the doorstep of former Defence Secretary Gotabaya Rajapaksa.  He claimed that a ‘death squad’ run by military intelligence but who took their orders from Gotabaya was responsible.

Last Monday, the CID presented his explosive testimony in a Mount Lavinia court room and stated that their investigations, solely on the strength of Field Marshall Fonseka’s testimonial to them, had been carried out  by a special group, operating under military intelligence and that the same group had been responsible for the attacks on journalists, Keith Noyah and Upali Tennekoon and abducting several other media persons.

FONSEKA: Former Army Commander

The revelation in open court implicating Gotabaya Rajapaksa by claiming  he directed a top secret death squad that targeted journalists and dissidents was picked by the international TV news channel the Qatar-based Al Jazeera and the French news agency AFP and presented to the world as another instance of the Rajapaksa regime’s ruthless crackdown on the media.

The flare up occurred when Al Jazeera and AFP reported that the CID’s report was read in open court which alleged that “Testimony from the former army commander Sarath Fonseka shows that there was a special secret unit outside his authority and controlled by Gotabaya Rajapaksa through the then-chief of national intelligence and that unit was operated outside the army command structure and was used to target journalists and other dissidents.”

But an allegation in court remains an allegation if not backed by solid evidence acceptable by a judge and jury as beyond reasonable doubt. But though Fonseka’s bullet didn’t quite hit the bull’s eye in the archer’s target, it did, however, narrowly hit a line cutter and scored a few points and drew enough blood to hit international news stands.

But now that the first salvo had been fired by the then Commander of the Lankan Army, General Fonseka, the then Defence Secretary assumed his legal right to defend his patch and shoot back from the hip and claim that if such a shotgun unit existed in the armed forces, the then Army Commander Fonseka would have known of its existence; and to charge that it would have been a dereliction of duty on his part as commander to have been ignorant of it. In other words, he shot back the missile to Fonseka’s arena.

On Monday, Rajapaksa denied Fonseka’s allegations carried in news reports published by Al Jazeera and AFP that he operated a death squad with the intention of silencing his critics. Sending a letter through his lawyer to Al Jazeera and AFP news, he said that the news was a blatant ‘lie’ because the Police Report did not refer to him per se and that, in any event,  no report whatsoever was read out in court implicating him as mentioned in the news item.

GOTABAYA: Former Defence Secretary

His lawyer’s letter stated: “It was not possible to operate any Army unit and/or deployment without the sanction and/or approval of the Army Commander. In any event, my client, during the said time period was a civilian and had no direct links to operate any military or other deployment. Therefore, I’m instructed by my client to write to you demanding an immediate correction of the distorted and false publication carried out by you,”
Gotabaya was to pull the trigger again in this high noon duel between him and Sarath Fonseka but this time it was more in self-defence than a direct blast at his friend turned foe. He told the Colombo-based foreign journalists group on Wednesday that with regard to “top-secret death squads” during the Rajapaksa regime, there were no such units and claimed that “a lot of things happened without my knowledge” and that he was working more at “policy and strategy-level and not on things at the tactical-level”.

The investigation into the murder of former Sunday Leader Editor which occurred on January 8th 2009 has still not resulted in the killers being brought to justice – as has been in the case of Lankan rugby player  Thajudeen who met his death in a mystery car crash on May 17th 2012. Investigations into their deaths had remained in limbo until the coming of Sirisena to power in January, 2015 when the probes were resurrected as were their bodies raised from their early graves to shed more light on their murderers.

In the case of Sunday Leader Editor Wickrematunge’s killing consider the following log:

• On January 8, 2009, Lasantha Wickrematunge was murdered in broad day light at Attidiya, Dehiwela.
• Nine days after on January 17, 2009 The Sunday Leader reported that the initial post-mortem examination, carried out at the Colombo South Hospital in Kalubowila, is inconclusive with regard to the cause of death. The report claimed that medical teams have expressed mismatching views with regard to the murder weapon.
• On February 26, 2010, two suspects, P. Jesudasan and Kandegedara Piyawansa, were arrested by the Terrorism Investigation Department over the murder and alleged terrorist activities. A bystander who had stolen Wickrematunge’s phone from the crime scene is also arrested. He is detained for six months and then released. Later on, seventeen other army officers are arrested with regard to the murder. However, each suspect was released over the course of three years.
• On October 13, 2011 the suspect P. Jesudasan is found dead of a suspected heart attack in prison.
• On September 6, 2013* the second suspect Kandegedara Piyawansa was released on bail after making a statement to the courts. He was released due to lack of evidence.
• On February 17, 2016 the CID released composite sketches of two suspects who are believed to have carried out the murder.
• On July 15, 2016 the CID arrested an officer of the Directorate of Military Intelligence in connection with the murder. The suspect was charged with abduction of an eye witness, assault, conspiracy, and making death threats.
• On July 27, 2016 at an identification parade, Wickrematunge’s driver identified the arrested DMI officer as one of the suspects present at the crime scene.
• On August 8, 2016 the Mt. Lavinia Magistrate’s Court granted approval to exhume the remains of slain journalist Wickrematunge.
• On September 27, 2016 the CID exhumed Wickrematunge’s remains for a new autopsy. The remains were handed over to the Colombo Judicial Medical Officer.
• On October 14th 2016, an ex-Army intelligence officer who hanged himself at his home in Kegalle with a nylon rope, leaving  a suicide note saying that he was responsible for the murder of Lasantha Wickrematunge and requesting that his friend, a suspect in the Wickrematunge murder, Udalagama should be released.
• On March 20th last week the CID claims in court that on the basis of their investigations and the testimony of former army chief Fonseka that a death squad run by military intelligence had carried out the execution; and that a group of medical experts who examined the Wickrematunge’s exhumed remains had concluded that he was killed with a sharp weapon.

Wickrematunge’s death was a tragedy, both on a personal note to his family and to the nation as a whole to have witnessed a voice of free speech silenced in cold blood. But due to a shabby investigation that has tottered for the last eight years on political crutches and marks its every twisted hobble with some announcement of some breakthrough in the probe mainly designed for public consumption which serves only to justify its procrastination in reaching its ultimate destination, the shocking killing of an  editor eight years ago has put both the former army commander and the former defence secretary in the dock of international opinion and transformed the incident  from a mere tragedy to a calamity.

Both men can justly say they won the war.  In their own way: with Gotabaya Rajapaksa, as Defence Secretary, providing the logistics, ‘policy and strategy’ and Sarath Fonseka, as Army Chief, planning and executing battle tactics and directing the troops. It’s a tragedy indeed that the glorious victory won by these two war heroes should now be traduced in the dust by a bullet-for-bullet  battle to shoot down the canard of the existence of a ‘death squad’ by a shadowy military intelligence unit. But if they were unaware, as Gotabaya told the Colombo based Foreign Correspondents on Wednesday, that “a lot of things happened without my knowledge” and Fonseka issuing an affidavit to the contrary, the question must inevitably arise in the public mind, ‘Who Dun It, then?’
Thus the sooner the CID completes its investigation and brings the real culprits to book the better it will be. Especially since President Sirisena also decided to step into the ongoing battle between these two war heroes.

This Wednesday, speaking  at the opening of the newly constructed three-storied building at the Defence Services School in Kurunegala, the President, perhaps  in reference to the ongoing battle of allegations between these two knights who once occupied the top most floor of the war edifice, said that though he would always take the fullest responsibility on behalf of any problem faced by the officers, staff members and war heroes who fought against the LTTE, he was “unable to protect those who are found guilty of acts that are not connected to the national security and those who are guilty of killing media persons or sportsmen.”

One day, perhaps, in the not too distant future, if the CID pursues or is allowed to pursue its investigation to its logical conclusion, the truth will be out? And if it happens while Sirisena remains in office, the people responsible for the dastardly attacks will be unable to find shelter in a presidential cove of protection to guard them from the winds of justice, war heroes or not.

STANDING TALL: Sandhya, Lanka’s First Lady of courage STAND BY YOUR MAN, DEAD OR ALIVE: Sandhya Ekneligoda receives international recognition for her relentless search to discover the fate that befell her husband, newspaper cartoonist Prageeth Ekneligoda, seven years ago Though she appears diminutive next to Melania Trump, the lanky First Lady of the United States, Lanka’s Sandhya Ekneligoda stands tall and packs a meaty punch when it comes to measuring her stature in terms of courage and resolve. For the last seven years, ever since the day her husband, newspaper cartoonist Prageeth Ekneligoda, failed to come home on that fateful January 24th 2010 and remained missing thereafter, she has dedicated her life to discover the whereabouts of the man she loved and married who suddenly disappeared from the face of the earth; who, in mysterious circumstances, vanished without trace. For the last seven years, she has waged a lone one woman battle in a quest to find the truth about her husband’s disappearance – whether he is still alive or whether he is dead. But even after such a lapse of time, even after a change in government, even after more than 90 court appearances, her relentless search for truth has brought her no nearer to her destination today than when she first embarked upon it seven years ago. On the hard and rugged streets of Lanka’s politics, her relentless pursuit to learn the fate that befell her husband had often been met with a stony silence from government authorities. Stones of vilification had been thrown at her. Attacks on her husband’s patriotism have been cast to blacken his reputation; and she herself has been accused by those with a vested interest in ensuring that her search meets a dead end and leave the mystery of Ekneligoda unsolved for all time, of being motivated by  pecuniary reasons. But through it all, she has weathered the storms that had rained down on her; and proceeded with her task with singular purpose: The fundamental right of a woman to know what happened to her husband, the father of her children. This Wednesday she was in Washington to accept the ‘International Women of Courage Award for 2017’ which the US State Department awards each year to ‘women of exceptional courage and commitment of women who serve as advocates for human rights, justice, peace, and gender equality.’  Probably the first Lankan to meet America’s new First Lady, the award was presented to her by Melania Trump “for her tireless pursuit of justice for her husband, and on behalf of missing families from across Sri Lanka’s diverse ethnic and religious communities.” In the words of the American Ambassador to Lanka, Atul Keshap, “Sandhya represents the dedication and perseverance of women from all ethnicities across Sri Lanka who are seeking information about their missing loved ones. The American people support their efforts as a step towards a brighter future of truth, reconciliation, and lasting peace for all Sri Lankans.” The award and the words may not have brought her husband back nor led her any closer to discover his fate but, on her trail of discovery, it would certainly have poured more oil to her lamp to refuel the fire and light the flame of perseverance to burn more bright and for much longer. Along with 13 other women who had shown exceptional courage in their respective countries, she presented a picture of women the world’s sole superpower honours and their own native countries ignore. As Sandhya, Lanka’s woman of courage said after the presentation, “It’s all about never giving up. No matter what difficulties you face now, know that something positive is in store for you.” Take a bow, Sandhya. You have done Lanka’s women proud. And struck a blow for all Lankans who believe vigilance is the price of liberty and that each must contribute to keep the flame of democracy in this country burning bright, when you said: “Pursuing the truth is not a crime.  Protecting the perpetrators is.” April Fool’s Day: How Merv jumped the gun A joke is a funny thing. Or a serious matter. But when a crackling yarn is designed to generate the utmost laughter and have the audience rolling  down the aisles gripped in stitches, it is vital – as any two bit standup comedian  will tell you – to instinctively know that timing is the quintessence of the comic art. And former Big Shot Mervyn Silva, now condemned to the wilderness and reduced to a leper in politics, obviously missed the beat by a week in his timing belt when he announced his newest plans to come out of the deadwood. MERVYN SILVA: The wanna be living Statue of Justice Last Sunday he called a press conference to present to the nation his latest vaudeville act. It was apparent that he had been far too long in the cold. Appearing before the TV media cameras after a long spell in the jungle, the new-look Mervyn was seem sporting a white beard together with hair dyed black which on its own would have raised a chuckle a two. He announced to the nation with all the pomposity he could muster that he intended – wait for it – to form a new political party, a justice party where all those who had suffered injustice under the previous regime would find hope and succor to have their injustices brought to light and set right. A party which will be a harbour to driftwood, where all lost rafts of injustice can find safe haven; where all the jetsam thrown overboard by the two major party vessels and left marooned at sea, can come swimming home to Mervyn’s refugee cove of justice. A sort of a justice-in-need party. Or a light house, beaming a shining beacon of hope to all those distraught drifters adrift on a stormy sea of injustice; like the Statue of Liberty, beckoning all to come with the inscribed message: “Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me; I lift my lamp beside the golden door!” What would have been swell for yesterday’s traditional April Fool joke fell flat solely because Mervyn couldn’t contain the joke to himself for a few more days but had to rush and gurgle the punch line well in advance. The new two-tone Mervyn told the media: “If someone has had to face injustice like what happened to me, I invite them to join us. I thought of forming the party not for me but for those who faced injustices for political reasons.” Rich, isn’t it, coming from a minister who, when he ruled the roost during the Rajapaksa regime, demonstrated in no mistakable terms his own brand of justice to all those who crossed his path?  One who has only turned crusader and dispenser of justice merely because he has suffered a wee bit from both the joint opposition and the coalition’s reluctance to have him ensconced in any seat of influence or power? But don’t laugh yet. The best is still to come. Wait to read the manifesto of his soon to be formed Justice Party. ONE: The new party will not tolerate anyone who wanted to make money. TWO: Luxury lifestyles, family politics and luxury vehicles would not be allowed. THREE: No duty free vehicles will be allowed FOUR: No food from the canteen for the parliamentarians elected through our party. FIVE: No presidential houses or vehicles for the President But even the best of dream need financing. And even as he says he is still engrossed in working out the rest of the policies which will govern his party, he also made clear that those who joined his party should have money to serve the people and should be willing to make contributions for social services. And who will be in charge of the money brought by philanthropists who has suffered injustices to fill the party coffers? Why, he, of course. As he said; “I will not be the leader of the party. I will be the chairman. We will appoint an educated youth leader for the party,” And wonder who that educated youth might be? Probably the son. None can deny that he, having followed the father’s footsteps on the path of righteousness and delivered by night at the city’s hotspots what the father used to dispense by day at Samurdhi offices and TV stations, doesn’t have the qualifications necessary to hold the top most position as leader of Mervyn’s Justice Party. In fact he seems to have made a promising career out of his third class degree in jurisprudence, earned and learnt at the father’s sagacious feet. There is a certain yawn lying idle, next to famed singer Jothipala’s tomb, at the Kanatte cemetery which Mervyn himself dug during the last days of the Rajapaksa regime and solemnly told the nation that it was to be his grave to house the urn of his ashes. Perhaps, it’s going to seed and becoming weedy due to non use. Maybe its best that he buries his sick sense of justice in it and makes good use of this underutilised plot of prime property in Colombo 7 until a more permanent use is found for it. And, until then, retire into the silence of the cold from whence he has peeped out, rather than fling Justicia’s ashes upon an intelligent public a week before April Fool’s Day, when all could have been forgiven. For when it comes to the opportunistic Mervyn who now holds himself out as the receptacle of justice, only one terse and apt sentence will do: No jokes, please, we are Sri Lankans.