• Whisky robbers kill senior lawyer
• Mervyn Cassie Chetty: So unbelievable, so unfair
• No pointers yet to EPDP man's killing
• Father, little daughter perish in lodge hell
• Young Prageeth's death still a mystery
• Fuller Bench for case against CJ
• Italian job ends in court
• Curbs on herbs
• Dr. Rolly dies
• Rights case against MP
• Tamil parties oppose council for northeast
• Batty pulls plug off camouflaged project
• Bogus collector nabbed
• Athas trial in January
• Election News
• Pledging our troth to the late Thondaman's Thottam
• 'JVP will stick to its promises, unlike others'
• Polio girl alleges rape
• Sinhala People's response to challenges of nation-state
• Playing politics with public funds and public servants - Focus on Rights
• Behind the police stick - Police Problems

Whisky robbers kill senior lawyer

By Chris Kamalendran

Mervyn Casie Chetty — leading lawyer, social activist, poet and the most distinguished member of Colombo Chetty community — was killed by suffocation when a masked gang broke into his Mount Lavinia residence soon after midnight yesterday.

Police said six persons, two of whom were masked, had entered through the back door of the house while the 86-year-old Mr. Casie Chetty and his 76-year-old domestic aide, Sellamuttu Perumal were fast asleep.

Mr. Perumal said when he awoke he saw some men trying to tie Mr. Casie Chetty's arms and legs. When he intervened, they overpowered him and tied him up as well. Police said that after overpowering Mr. Casie Chetty and his aide, the robbers got away with a crate of whisky and several thousand rupees in cash.

Mr. Perumal said he later managed to untie himself, and around 2.20 a.m. rushed to a neighbour's house and alerted them.

Then police rushed to the scene and found Mr. Casie Chetty dead.

Sniffer dogs which were brought to the scene immediately led the police to a nearby house where the crate of whisky was found and three suspects were arrested.

Mr. Casie Chetty was felicitated recently for 60 years of service as a lawyer and also received an award as the most outstanding member of the Colombo Chetty community in Sri Lanka.

He has represented Sri Lanka at Law Asia Conferences, been a Member of the Bar Council and a member of the disciplinary panel of the Bar Association.

Mr. Casie Chetty is a great-grandson of the famous Mudaliyar Simon Cassie-Chetty of Kalpitiya, the first Ceylonese Civil Servant, elected member of the Legislative Council and later District Judge in 19th century.

Appreciation

Mervyn Cassie Chetty: So unbelievable, so unfair

By Mihiri Wikramanayake

It was a sad and visibly shocked gathering of friends and family who streamed into the driveway of Mervyn Casie Chetty's residence last morning.

The cold news of his horrible death spread like wildfire amongst the early risers of the city. News that at first seemed so unbelievable and unfair, but true nevertheless.

"The way of today's society has reached this house too," said his younger son, Yohesan Casie Chetty, trying to come to grips with his loss. His 86-year-old father was murdered in cold blood early in the morning for no apparent reason. The motive is unclear. For a man who lived his life in absolute simplicity and honour, his house held more memories and mementos than riches for the taking.

It was only a month ago, that I visited Mervyn at his home to talk about himself. Having known him for all my life as a favourite friend of my grandfather's, I met with him to take "walk down memory lane".

"Old books; old pictures; months at dusk...
Strange music, songs and stranger dreams -
Shadow of shadows, those we shared."

Charles Dalmon

A genial person, Mervyn spent a better part of the morning reminiscing about the days gone by and his many contributions to society and government. A famed poet and lawyer, father and friend, Mervyn was no one's enemy. He was proud of his achievements and happy with life.

"Death makes no conquests of this conqueror, for now he lives in fame though not in life," Shakespeare.

"His worst moment was when the Soviet Union collapsed," said Ganesan Casie Chetty, his ambassador son. "It was his mecca to where he made many a visit." But though his political affiliations were socialist oriented, Mervyn had many close friends in all ranks. It was the way of the old brigade, the generation now moving on, where politics and power did not corrupt but encouraged friendships and alliances.

He commented about the degradation of society. The fact that drugs and booze were overtaking the norms and morals of this country. It is exactly for that reason it seems, that this gentle man succumbed to his death. Those with less than an iota of his worth took his life away. For that justice must be done. It is fitting to say in the words of Frank T. Marzials, "God help the fools who count on death for gain."

No pointers yet to EPDP man's killing

By Leon Berenger

Police investigating this week's killing of a Tamil lawmaker at Station Road in Wellawatte said yesterday that they were looking into the matter with an open mind and it was too early to pin point a suspect, or particular group behind the slaying.

Some two dozen eye-witnesses have already been questioned by police, but an arrest in this connection is yet to be made, ASP Clement Perera told The Sunday Times.

The case was handed over to the CID hours after the killing on the instructions of IGP Lucky Kodituwakku.

Arjunarajah Nadarajah, an Eelam Peoples' Democratic Party (EPDP) MP for the Jaffna District was shot dead along with his driver on Tuesday morning as he was returning to his residence at Nelson Place in Wellawatte.

The unidentified gunmen had used a sophisticated assault rifle in the slaying, which police earlier blamed on the separatist Tamil Tiger rebels. Nadarajah was also the editor of the popular Tamil weekly Thinamurusu.

Several persons from various other former Tamil militant groups, including that of Nadarajah's EPDP are to be questioned shortly in this regard, Mr. Perera said.

"This is a part of routine police investigation. At the moment there are suspicions centred in different ways and areas, and everything will be thoroughly probed," he said.

Although Nadarajah maintained an anti-LTTE position in Parliament and elsewhere, his weekly published material supporting the Tamil separatist cause.

Father, little daughter perish in lodge hell

By Kumaradasa Wagista

A member of the Kalawanchikodi pradeshiya sabha poured kerosene on himself and committed suicide in a lodge at Kathiresan street in Kotahena, setting off a blaze that also killed his three-year-old daughter and caused extensive injuries to his wife and a new born infant.

In this horror of fire 33- year-old Rasiah Gopirajah died at the National Hospital while his three-year-old daughter Thilakai died at Lady Ridgeway Hospital, an inquest was told yesterday.

His wife and the recently born infant who were also burnt are being treated in hospital, Police said.

The family had been occupying this room for the past eight months paying a rent of Rs 170/- a day. They cooked meals also there. A few days ago the mother gave birth to their second child at De Soysa Maternity Home. The room rent for 45 days had not been paid, witness N. Thavaselvan told City Coroner Edward Ahangama at the inquest yesterday.

The doors of the room were forced open when the fire was seen and it was found that Mr. Gopirajah had poured kerosene on his body and set fire, apparently because of financial problems. The autopsy reports of the father and daughter said the deaths were due to extensive burns. The coroner returned a verdict of suicide on the death of the father and death by severe burns in the case of the daughter.

Young Prageeth's death still a mystery

While the Coroners court has called for a full report on the sudden death of Wijeya Newspapers computer typesetter Prageeth Chaminda Perera who died after a plastic surgery medical sources believe his respiration would have been obstructed due to the swelling in the jaw area where the surgery was carried out.

The 25 year old computer operator had suffered from a facial deformity from his childhood and entered the National hospital for surgery on Monday.

According to hospital sources Prageeth had undergone similar surgery before and this time he had wanted his jaw reduced as he complained of discomfort. He suffered from Haemangio Lymphangioma, a mixed tumour of the blood vessels in the lymphatics.

The tumour has been in the inner aspect of the mouth touching the tongue and the trachea.

Though the surgery had been successful, Prageeth had bled from the inside. His brother Ajith Roshan Perera who testified at the inquest held last Tuesday said he found his brother lying on a bed unconscious with blood oozing from his mouth after the surgery.

The brother had asked the medical staff what was happening and they had assured that Prageeth would regain consciousness by evening.

But when Ajith went to hospital in the evening he found that his only dear brother had passed away.

Prageeth had been sedated but within a matter of hours he developed breathing problems and died.

Doctors were unable to give a definite reason for his death.

The inquest was put off for November 25 as the Judicial Medical Officer reported that the post-mortem examination had not been completed.

Fuller Bench for case against CJ

By Ayesha R. Rafiq

Chief Justice Sarath N. Silva has been requested by a Supreme Court Bench to nominate a fuller Bench to hear the three petitions filed against his appontment on grounds of alleged moral turpitude.

The petitions are to be heard on December 1 for leave to proceed.

Ravaya editor Victor Ivan, attorney Rajpal Abeynayake and another petitioner have filed fundamental rights cases in the Supreme Court asking that the CJ's appointment be declared invalid and that an interim order be issued restraining Justice Silva from functioning as CJ until the hearing of the petitions.

The Bench comprising Justices Priyantha Perera, A.S. Wijetunga and Shirani Bandaranayake told counsel for the three petitioners that with regard to the petitioners' prayer for a fuller Bench they had requested the CJ to constitute a fuller Bench to hear the applications.

Justice Wijetunga observed that as the CJ had already been asked to constitute the Bench they were 'functus' and that any representations the counsels wanted to make would have to be made when the case was next taken up.

The petitioners had asked that a full Bench be constituted to hear and determine this matter in view of the general public and constitutional importance of the matter.

Mr. Ivan's petition states that in the light of the fact that the CJ has sat with two judges inquiring into the two complaints against himself it is contrary to the principles of fairness and the rule against bias, especially where the purported appointment of the CJ empowers him to nominate and constitute Benches hearing applications including the application against himself.

Mr. Abeynayake in his petition states that the very fact that the CJ has been asked to give his observations on the two motions against him indicates a prima facie case against him, and that such doubts as to the integrity of the petitioner which any person would entertain in these circumstances should have precluded Justice Silva from being appointed CJ.

The petitions against the CJ filed by Mr. Ivan and Mr. W.B.A. Jayasekera allege that the CJ is guilty of moral turpitude for allegedly subverting the course of justice.

Mr. Jayasekera in his FR application is also claiming Rs. 5 million in damages.

International Bar Association (IBM) member and former Chief Justice of Kerala M. V. Malimath who was present as an IBA observer at the proceedings while acknowledging that the judges had acted fairly, said that the CJ is expected to act fairly in constituting the Bench.

Italian job ends in court

Two men who wanted to go to Italy but ended up in Russia, India and Paksitan are suing a job agent for allegedly defrauding them to the the of one million rupees.

The alleged agent who was arrested was ordered to be remanded by Negombo MagistrateSaman Wickramarachchi.

The agent was identified as Rienzie L.Gunasekera of Wennappuwa who was ordered to be remanded till November 8.

The two men taken for a ride by him were Leslie Dalpadadu and Basil Dalpadadu of Negombo.

The two had paid Rs 500,000 each to the job agent, according to their complain to the Negombo Police. Half the amount was in travellers cheques and the rest in cash.

The two had travelled to Russia via India, on false passports where the authorities had arrested them.

Curbs on herbs

By Faraza Farook

The Sri Lanka Medical Council perturbed over the influx of Ayurveda drugs coming into the country in the form of tablets and capsules, called for tighter regulations as they can be easily mistaken for Western (allopathic) medicine.

In recent times, the inflow of Ayurveda drugs especially from India, mostly in the form of capsules and tablets have increased, SLMA council member Dr. Lucian Jayasuriya warned the public to be aware when purchasing Ayurveda drugs as they might ignorantly mistake them for western drugs.

There is a misconception in most people that Ayurveda, often associated with the words herbal or natural, is free from any harmful effects. "All drugs do have side effects if they are not taken in correct doses," Dr. Jayasuriya said. Even herbal should be tested if the dose is safe, he stressed and adding, "balancing the efficacy against toxicity is important".

The SLMA pointed out advertisements in newspapers that promote herbal drugs, especially those drugs that claim a cure for diabetes, was debatable.

He alleged that advertising for Ayurveda drugs are not controlled as for the Western drugs.

However the head of Ayurveda Medical Council Lal Rupasinghe said, "permission to advertise Ayurveda drugs is given only on certain conditions which if not observed will result in cancellation of permits".

Dr. Rolly dies

Dr. R. (Rolly) P. Jayewardene, one of Sri Lanka's most eminent and respected medical personalities died on Friday night and was cremated yesterday at the Colombo General Cemetery.

Dr. Jayewardene who was 81, was an MD, MRCP and FRCP. Having had a brilliant academic career at the Faculty of Medicine, he retired from public service as Senior Physician of the General Hospital, Colombo. In later years he was also a Director-General at NARESA (Natural Resources Energy and Science Authority) which has been replaced by the NSF (Natural Science Foundation). He was a younger brother of the late President J.R. Jayewardene. His wife, Gladys who was Chairperson of the State Pharmaceuticals Corporation predeceased him.

Rights case against MP

The Supreme Court has granted leave to proceed in a fundamental rights case where PA parliamentarian D.M. Dassanayake is alleged to have assaulted two petitioners.

The two petitioners, a mother and a daughter, alleged that when they visited Mr. Dassanayake at his residence seeking help with regard to employment, he had assaulted them and beaten the 2nd petitioner on her head several times, resulting in her hospitalisation for one week at the Chilaw hospital.

The petitioners submitted that being ardent supporters of the SLFP, the first petitioner who is an arts graduate had applied for the post of Samurdhi Manager following the 1994 general election.

They alleged that Mr. Dassanayake had promised her the job but they later learnt that it had been given to another person who is allegedly a relative of Mr. Dassanayake.

The petitioners claimed that the 2nd petitioner applied for the post of Graduate Trainee Development Officer at the Finance Ministry and was called for an interview in February 1999 but was not selected.

When the second petitioner had informed Mr. Dassanayake of this, he had reportedly shown them a list and said that although he had placed her name at the top of the list she had still not been selected.

When the second petitioner had complained that Mr. Dassanayake never helped them, he allegedly abused and hit her on her head several times.

Mr. Dassanayake had allegedly then told them to get out as there were no jobs for graduate prostitutes. The petitioners claimed that Mr. Dassanaake also threatend them. The Court ordered that DIG Wayamba give the petitioners protection and ensure their safety, as the petitioners had requested it.

The petitioners are asking for Rs. 1 million as compensation. Appearing for the petitioners is attorney-at-law Kithsiri Jayalath. The case is to be taken up again on March 10, 2000.

Minority groups demand fresh provincial polls

Tamil parties oppose council for northeast

By Chris Kamalendran

Four main Tamil political parties are strongly opposing the government's decision to appoint an advisory council to the Northeastern Province and are demanding fresh elections to the provincial council.

The four parties claimed that the move was a short-sighted decision made following discussions between the government and the EPDP which is trying to gain more control in the northeastern Province.

The four parties -TULF, PLOTE, EPRLF and TELO — which are opposing the government's move said the council was not going to serve any purpose at a time when the local government authorities had not been able to function properly.

'The government is claiming that they cannot have fresh elections to the NE Provincial Council due to the war, but are going ahead with plans to conduct the presidential elections in the same provinces', TELO MP Adaikalanathan told 'The Sunday Times'.

According to the government's decision the EPDP is likely to have four members in the Advisory Council while the PA, UNP and SLMC will have two representatives each and PLOTE one member. The council will consist of not more than 17 members appointed by the President.

Tamil party sources said that the council is being appointed ahead of the Presidential elections in a move to implement hurriedly planned development programmes in the north and east and attract Tamil votes for the PA presidential candidate Chandrika Kumaratunga.

They pointed out that the UNP also attempted to appoint an interim administrative council in 1987, and failed.

TULF spokesman said that they were not interested in nominating members to the council.

President Kumaratunga using emergency regulations on Monday announced the decision to appoint an administrative council for what it called 'the discharge of the executive and administrative functions by the appropriate authorities within the North and East Province'.

A government statement said that the council was being appointed since they have not been able to conduct the North and East Provincial Council elections and also because the government had not been able to finalise the peace proposals.

An EPRLF spokesman said that the government is trying to set up an advisory council in order to fulfill its own aspirations and win the presidential elections.

A senior member of PLOTE said that they were opposing the appointment of the council as they felt that they would not be able to carry out any development work which cannot even be handled by the local government authorities in the areas.

Tamil party sources also said that the EPDP is not backing moves to have a common Tamil candidate and have decided to support President Kumaratunga at the December 21 elections indicating that the appointment of the council was linked with election activities.

According to the gazette notification the duties of the advisory council will be to bring to the attention of the council, the Governor and the other officials the needs and requirements of the administrative districts that they represent and to co-ordinate the executive and administrative functions of such administrative districts.

The Chief Secretary of the North East Provincial Council will be convenor of the council and the council will meet when necessary. The meetings will be presided over by the Chairman who will be appointed by the President.

Batty pulls plug off camouflaged project

Technology Minister Batty Weerakoon has shot down a joint proposal by his colleagues Richard Pathirana and Kingsley Wickremaratne to create an Institute of Information Technology (ITI) saying it's a move to "camouflage" a state- funded venture by calling it a company.

The ITI has drawn some Rs. 500 million from the Mahapola Higher Education Trust Fund for capital expenditure and earmarked a 25 acre block of land at Malabe to establish a permanent campus of the Institute affiliated to the Moratuwa University.

Minister Wickremaratne's son-in-law Dr. Lalith Gamage has been named the Chairman of the company.

Last year the Cabinet approved the project in principle and requested the authorities to submit a detailed breakdown of the capital and recurrent budget on this project to the Department of National Planning for appraisal.

However, in view of the necessity to start the project promptly, a company by guarantee by the name of Sri Lankan Institute of Information Technology (SLIIT) was set up early this year on leased property. The Minister of Science and Technology in his observation to the Cabinet members says that according to section 24 of the Universities Act a company could not be affiliated to a university. He also said that using of Mahapola funds by the SLIIT was not to be encouraged.

Dr.Gamage told The Sunday Times the company was set up only as a "temporary measure". He added that once approval was obtained and the work at the Malabe building was completed, SLIIT would be liquidated and its assets would be transferred to the proposed project. In reference to the funds, company officials said it was government funded and declined to reveal the source.

The Sunday Times learns the Treasury has agreed to release Rs. 20 million through the Board of Investment (BOI) to meet the immediate operational expenses during the current year. The BOI has already released Rs. five million. BOI chairman Thilan Wijesinghe is also a member of the company's Board.

Minister Batty Weerakoon also said that the salary scale recommended for the Chairman, Director/CEO and consultants were far in excess of what is paid in the state institutions in IT or Academic fields.

"The company is in fact a camouflaged state institution and this level of payments will have repercussions of a grave nature on the state institutions," the minister said. In regard to this, SLIIT officials said high salaries were paid to attract high calibre IT professionals and the high salaries they command.

However, the board has been appointed, the vacancies filled and salaries are being paid. But the cabinet approval for the payment of remuneration as proposed by the board is yet to be approved.

Bogus collector nabbed

A con man who had been collecting monies from people selling the name of the Vijaya commemoration society in Matara was arrested following complaints by residents.

The man had posed as the President of the Vijaya Kumaratunga Peace Foundation based in Matara pretending that he had the signature of the Assistant Secretary of the Presidential Secretariat permitting the collection of contributions.

The suspect was produced before the Matara Chief Magistrate who remanded him till November 12.

Athas trial in January

The trial against two Air Force officers charged with criminal trespass, intimidation and unlawfully entering the residence of 'The Sunday Times' Defence Correspondent Iqbal Athas's residence, has been put off for January.

The case was put off by Colombo High Court Judge Andrew Somawansa when the prosecution informed the court that an amendment to the indictment was being considered.

The trial has been fixed for January 17 and 19.

The two accused in the case are Air Force officers, Herath Mudiyanselage Rukman Herath and Don Pradeep Sujeewa Kannangara.

They are alleged to have entered the residence of Mr. Athas on February 12, last year and threatened him pointing a weapon at him.

Earlier the accused were arrested by the CID and remanded on an order made by the Gangoadawila Magistrate.

Thereafter after the indictments were served on the accused the High Court released the suspects on bail of Rs. 5000 each.

Senior state counsel Jayantha Jayasuriya appeared for the prosecution.

On the instructions of Daya Perera, PC Attorneys Anuja Premaratna, A.M.V. Kiribanda and Gajan Ponnambalam watched the interest of Mr. Athas.

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