Columns

Every man is entitled to be presumed innocent until he is proven guilty. But in the case of the ex Foreign Minister and former Finance Minster Ravi Karunayake such is his understandable impatience to prove his innocence that he has put forward his defense even before the prosecution has presented theirs, nay, even before any inquiry has begun as to whether he had any possible involvement in the bond scam affair.

Ravi K: Desperate bid to prove innocence

And whilst abiding by the Decalogue’s Fourth Commandment “Thou shalt not take the name of the Lord thy God in vain” as declared in his own Catholic faith, and rather than commit blasphemy by swearing his innocence upon his Almighty God and the Holy Bible, he instead chose to delve into Buddhist scriptures; and unwantedly dragged the name of the Buddha to be used as an impenetrable shield to ward off the slings and arrows of corruption hurled at him.

In a statement issued on Wednesday to the media, after prevented by the Speaker to deliver it in Parliament on the ground that ‘it was not a privilege issue’, former minister Karunanayake even went to the extent of drawing parallels between the Buddha’s religious life and his own political life and stated how the Buddha, too, had faced false accusations in his lifetime similar to the ones he faced today. And to demonstrate that important people of the Karunanayake calibre face this kind of hazards in their daily lives, he proceeded to relate to this nation of Buddhists, the story of Chinchimanawikawa and the bundle of wood without giving a fig leaf as to Buddhists feelings to find the Buddha’s sacred name being exploited in so squalid a fashion to justify some tawdry incident in a politician’s pedestrian life.

Like a monk delivering a sermon to the Buddhist laity, Ravi K preached to the nation the story of the Buddha, Chinchimanawikawa and the bundle of wood. He said, “This is what happened to the Lord Buddha as well. A woman of ill repute called Chinchimanawikawa was sent with a bundle of wood tied to her belly under her clothes to the Lord Buddha. But, however God Sakra caused the bundle to fall thus proving the Buddha’s innocence.”

But was this reference to the Buddha being once accused by a woman of fathering her child till the Gods exposed her deceit and exonerated him of the charge really necessary to demonstrate Ravi K’s own innocence and lift him out of the gutter he now finds himself in? Is ‘an ordinary mortal man’ as Ravi Karunayake humbly described himself to be, entitled to temporarily desert his ‘one God and no other God’ church of his born faith and sworn belief and seek refuge in a single episode in the Buddha’s 45 year missionary life, purely in order to whitewash his tainted image and claim innocence of any wrong doing in a sleazy bond scam? Wouldn’t Buddhist sensitivities be hurt when he, ordinary mortal man he is, deemed it fit to put himself on par with the Master to fortify his claim to innocence in the face of the Bond Commission’s recommendations and say the Enlightened One endured the same fate as he does now? Or would the Buddhists have smiled in tolerance when reminded of an old Christian saying, “The devil can quote Scripture for his purpose”. And add, as an afterthought, ‘even though borrowed from an alien script of a religion alien to his own.”

One can understand his keenness, as displayed since of late and especially this month, to be seen as a close associate of the Prime Minister: his eagerness to be as close to the PM as possible at every public function and be photographed next to the Premier, as happened at the January 2nd New Year Temple Trees function, to be photographed next to him again at a kovil with his hands clasped in deep and solemn prayer on Thai Pongal Day before the image of a Hindu God.

These are but the natural tendencies of ‘ordinary mortal men’ who would give their right arm to be seen hob knobbing with the powers that be, even as Lankan Presidents wait in queue to be photographed with the American President and the First Lady at UN functions in New York and have it published in the local newspapers in the belief that it adds to their shine, though the public don’t give a tosh to it.

Or even understand his dire need to take comfort in his recent constant use of the royal ‘We’ on any matter referring to the bond scam to show he is not alone in the dock but shares its narrow space with the Prime Minister and the UNP as a whole, holding it as his slogan the musketeers’ motto ‘one for all, all for one’. That can be excused as the attempt of a man who wishes to show the world he is not alone but still walks the walk in exalted company through the echelon corridors of power and still retains the confidence of the Prime Minister; and has not been sent to Coventry, to exile, but is still firmly ensconced in UNP’s Sirikotha fortress with him as guardian deity at the ramparts to defend it first from enemy attacks.

He even thanked the President for appointing the Bond Commission to probe the entire bond scandal. In his statement he said, “I would like to end this statement by thanking His Excellency the President who appointed the Presidential Commission to look in to the bond issue after the forming of the good governance government and through its final report for absolving and releasing the UNP, the Prime Minister and especially myself from all allegations leveled against us”.

In the case of the Prime Minister, it is certainly true that the Bond Commission had exonerated him and had only given him a rap on the knuckles for believing the word of the then Central Bank Governor Mahendran. But in the case of Ravi K has the Bond Commission’s report closed the book on him? Or have the Commissioners asked the Bribery Commission and the Attorney General to open a file for him?

According to Ravi Karunanayake, apparently not. According to him the Bond Commission has given him the all clear. And thanks to President Sirisena’s decision to appoint the Bond Commission, its subsequent findings have finally released him from the chains he had been bound with to the bond scam for a long time. And that it has set him free from the bondage of perceived guilt. Thanks to the Commission’s report, he is now Mr. Clean. Cut loose and scot free of all the calumnies hurled against him.

Of course, in all fairness to him and in all justice, it must be stated clearly that the Bond Commission held that Ravi Karunanayake had not had a direct hand in the 11 billion bucks bond scam. As the Commission in its report states, “We have earlier, concluded that, in view of the undesirably high Yield Rates which then prevailed, it was reasonable and justifiable for Hon. Ravi Karunanayake, MP, the then Minister of Finance, to wish to bring these Yield Rates down at these Treasury Bond Auctions. We have also taken the view that, since successive Governments have been known to use the state-owned People’s Bank, National Savings Bank and Bank of Ceylon to implement some policy measures and it is not per se irregular for a Government to do so, we cannot find fault with Hon. Ravi Karunanayake, MP, the then Minister of Finance for convening these meetings and giving the aforesaid instructions to the three State Banks.”

And as Mr. Karunanayake says in his statement:
“My learned lawyers have informed me of the following conclusions they have arrived at after going through the commission report.
1. The commission has confirmed that I have no connection to Perpetual Treasuries or another party receiving a profit from the purchase and sale of treasury bonds.

2. The commission does not report of evidence regarding any wrongdoing and/or illegal on my part with regard to the sale of bonds by the Central Bank and/or the purchase of these bonds by a primary dealer.”

But is Ravi K still out of the woods, as he likes to believe he is and wishes everyone to share that same belief? Has he forgotten a small but vital matter which emerged during the Bond Commission’s proceedings whilst he was giving evidence before it that firmly nailed him to the cross of doubt and led to his resignation? That he, whilst being the Finance Minister, had been enjoying the hospitality of the man at the centre of the bond scam Arjun Aloysius to the tune of Rs. 1.4 million a month. For eight months. Totting up a lease bill of Rs. 11,600,000. And that he knew nothing?

And that he and his family took residence at the Monarch Residencies next to the Cinnamon Grand in Colombo 3, and occupied the 4000 square feet luxurious penthouse suite thereat without any lease agreement between him or anyone of his family with the owner of the premises Anika Wijesuriya, the witness who made the claim under oath before the presidential tribunal? And, as he told the Bond Commission, he knew nothing of that too? That he didn’t know who was paying the monthly rent bill of nearly a million and half bucks to keep him coddled in cotton wool in the crib of comfort in the celestial climes of a Crescat condominium?

And that, that one stark glitch moved the Bond Commission to recommend to the president that the Bribery Commission should consider whether appropriate action should be taken against Ravi Karunanayake under the Bribery Act.

But according to Mr. Karunayake that’s not what the Bond Commission said. To him there appears to be a difference between what the President announced in his statement on the Bond report and what the Bond report actually said. In all, fairness let’s give the man a hearing.

In his statement issued on Wednesday in his defense, Ravi Karunanayake says: “Based on this report summary on January 3, 2018 the President made a special statement through media outlets. My statement today is mainly focused and based on this statement made by him:

“The President’s Statement says the following: “The report mentions the responsibility of Former Minister Ravi Karunanayake regarding the rent payments for a penthouse apartment by the Walt and Row Company owned and controlled by the Aloysius family. The report states that a legal case should be filed against him under the Bribery Act as well as under the Penal Code for giving false statements to the Commission.” This says a case should be filed against me.”

“However, in the report thereafter handed over to us only says that relevant authorities should look into if there is any wrongdoing and if such wrongdoing is discovered then appropriate action should be taken in this regard. This is indeed a bizarre situation. It is as if during a game of cricket the batsman lets a wide delivery be, only to be declared as dismissed by the Umpire. “

So much for his own interpretation of his own conduct viewed through his own tinted eyes. Now let the third umpire, you, the public watch the replay and decide whether the batsman had nicked the ball or not? Whether the dismissal was fair or not?

This is what the Bond Commission, which is purely a fact finding body of inquiry whose mandate restricts it to only make recommendations without powers to indict and prosecute, has to say in its final report:

“As stated earlier in Chapter 24, we recommend that the Commission to Investigate Allegations of Bribery or Corruption should consider whether Hon. Ravi Karunanayake, MP. while he was Minister of Finance, derived a substantial benefit from the Lease Payments made by Walt and Row Associates (Pvt) Ltd [which is an Associate Company of Perpetual Treasuries Ltd and which is owned and controlled by the same persons who own and control Perpetual Treasuries Ltd for the lease of apartment occupied by Hon Ravi Karunanayake.MP and his family and if so determine whether appropriate action should be taken against Hon. Ravi Karunanayake, MP. under the Bribery Act; 25). As stated earlier in Chapter 24, we also recommend that, the Attorney General and other appropriate authorities consider whether some of the evidence given by Hon. Ravi Karunanayake, MP before us is shown to have been incorrect and, if that is the case. whether Mr. Karunanayake should be prosecuted under Section 179 and/or Section 188 of the Penal Code or other relevant provision of the Law, read with Section 9 of the Commissions of Inquiry Act No. 17 of 1948.”

And this is what President Sirisena, before he released the Bond Report to the public, revealed selected excerpts of the report to the nation in a sneak peek on January 4rd Wednesday.

He said: “The Commission report refers to the allegation against former Finance Minister Mr. Ravi Karunanayake regarding the payment of rent for the penthouse apartment made by Aloysius Family and their Walt and Rowe Company and stated that Mr. Karunanayake was responsible for that and recommended that the government should take necessary action against Mr. Ravi Karunanayake under the section of bribery and corruption and further legal action under the penal codes for giving false evidence at the Commission.”

Any big, dramatic, earth moving change in the president’s text? Any twist given to the Bond Commission’s findings? Was the president at variance with the Commissioner’s recommendations when he revealed this choice excerpt? Or was the import of the president’s text more or less the same as the Bond Commission had recommended? That there was a prima facie case for Ravi K to answer; and that both the Bribery Commission and the Attorney General should be directed by the President to determine appropriate action? In other words, was the president’s text a fair rendering of the Bond Commission’s recommendations?

Perhaps Ravi K jumped the gun in thanking the president prematurely for appointing the Bond Commission which he claimed has exonerated him from all blame in the bond scam affair and completely cleared his name and made him Mr. Clean of Lankan politics. But before he can usurp that title which rightfully belongs to his leader the Hon. Prime Minister whom the Bond Commission did indeed exonerate, Ravi Karunayake will indeed have to face many more tribunals, make many more testimonies and make some further explanations without lapsing into fits of amnesia before the courts and the people can award him the accolade with which he now seeks to crown himself by being his own judge on his presumed innocence.

Will the new Economic Czar wreak the miracle of Lanka? Not even 24 hours after SLFP President Maithripala Sirisena had declared last Saturday that he would soon be taking over the reins of the nation’s economy from UNP hands “in order to provide economic relief to the people," UNP Prime Minister Ranil Wickremesinghe declared in yet another ‘Address to the Nation’ on Sunday night on television that the UNP had laid the foundation to make a giant economic leap. PRESIDENT: I will run the economic show from hereon “We are establishing a sound economic platform aiming for a speedy journey towards economic prosperity” the Prime Minister said. “Moves have been taken to increase the Gross Domestic Product by twofold during this decade. The country is receiving foreign investments and the country will harvest the benefits of this by next year. The mountain of loans to be repaid has been brought down to the manageable position. However, the GDP probably should be increased in the coming years, resulting in the country being able to settle loans more comfortably. Export income will also be trebled in due course and then the country will reach a comfort zone.” What a rosy picture of hope painted on a TV screen in Technicolor to warm the cockles of the nation’s heart that the fabled El Dorado Mount of Gold will soon manifest itself in Lanka’s poverty stricken heartland. When sorrows fall, many believe its God’s way of testing one’s faith. If one can endure the hardships of life and still retain the faith, the fervour and eternal hope that all will be well at the end, promised is the paradise of heaven. That is also the line politicians take to persuade the people to stay the course. And not stint on hope. But ‘miracles’ cannot be wrought overnight – even though it’s a contradiction in terms to say so for if it takes a long period it will not be a miracle but the natural result of concerted actions towards achieving a particular goal. And perhaps Ranil Wickremesinghe is right when he says that before the miracle is wrought, first the foundation should be laid – and he says he has laid it and is only waiting for it to hatch – to enable Lanka’s citizens to make that giant economic leap to embrace the sun of their prosperity. But with the sand glass of time running out on the coalition government’s tenure of office, obviously and understandably the president is in quite a rush to wreak a miracle overnight and reduce the cost of living and bring down the price of a coconut to less than 50 bucks. Not the sort of high flown theoretical economics that Ranil follows to set foundations from which to make giant leaps but grass root practical micro economics that will win all important votes. President Sirisena on Saturday last announced that he will be assuming command of the nation’s economy as its new Economic Czar. Speaking at a Jana Hamuwa held at Kegalle on January 20th he said, “I would assume the responsibility of strengthening the national economy by protecting and safeguarding local industries, products and local investments. I will take charge of the country’s economic management this year in order to lessen the Cost of Living burden of the people.” “This country is blessed with unlimited national resources needed to transform it to a highly developed nation in the world. But, corrupt politics stood in the way of achieving that goal. I would therefore launch my march towards crying halt to corrupt politics with the February 10 local government elections. Handling of the national economy was in the hands of the UNP over the past three years. From this year I will be taking the leadership on managing the national economy,” the President said. Good for him. And good, too, for a nation that has lived on hope ever since Independence Day 70 years ago. Even as the Prime Minister promised countless miracles by unveiling grandiose plans yet to materialize on the economic front, so has the President drawn his Sword of Excalibur and vowed to crackdown on corruption only to return it again and again to its scabbard, unused, unblunted and unrusted. And as the people cross their fingers and hope for the best yet again, one word of warning to the President. Is it wise to take the economic wheel and personally steer the economy in a quest to reach safe harbour? It would not do any good, now would it, if the captain of the ship of state was forced to walk the plank if by his steering and maneuvers the ship flounders on the rocks before it reaches port with only a motley crew, with the captain fed to the sharks? PRIME MINISTER: I have laid the foundation for economic leap Why not take a lesson from the British. By tradition the British Prime Minister does not hold any ministerial portfolio. He or she is first amongst equals in the cabinet of ministers does not have a single ministerial department of his own. It’s a clever ploy used by the British to protect the position of the Prime Minister. And it has a double benefit too. Freed from onerous ministerial duties, it gives the Prime Minister time and space to oversee the activities of the other ministerial department run by his cabinet colleagues. And if some scandal should break, if some disaster should befall the workings of a particular ministry, it’s the minister responsible for that department who must shoulder the blame and resign. The Prime Minister continues to remain in office. The boat may be rocked, a minister may be thrown overboard to save it from running the risk of keeling over, but the captain remains on deck to steer the ship of state safe home to port. Perhaps that’s the lesson Sirisena should do well to learn from our previous colonial masters. Especially if he plans to take over captaincy of a team to wreak another new economic miracle and bring down the cost of living by the flash of a magic wand which – to put it mildly – is quite a tall order. The cost of living in Lankan seems to be the one exception to the maxim that what goes up must come down. All have tried and all have failed. Especially also when the Yahapalana doctrine emphasizes accountability; and accountability means taking responsibility which in turn demands resignation if one fails to deliver the goods. Is the president willing to place his neck on the block if he fails to reduce the cost of living? Or would he rather prefer someone else’s dispensable neck under the guillotine if his best laid plans turn awry and come a cropper? Far better, is it not, for him to follow the British tradition. And enjoy the privilege of the harlot: Power without responsibility.