In what appears to be more increasing signs of her assertion as Commander-in-Chief, President Chandrika Bandaranaike Kumaratunga, took one more step on Friday.

This time, she appointed a oneman Presidential Commission of Inquiry to probe the January 2 Police raid on the Army's Safe House at Athurugiriya. Though she was on a private visit to London, the President's Office in Colombo announced on Thursday that former Judge Dharmasiri Jayawickrema, has been appointed to probe the Police raid.

The news took the UNF leadership by surprise. They had not expected the move since President Kumaratunga had directed Police Chief Lucky Kodituwakku, on August 7, soon after the National Security Council meeting, to initiate disciplinary action against Police officers involved in the raid. (Situation Report - August 11).

Moreover, the move is seen in UNF circles as a snub. This appointment of the Commission comes at a time when moves are afoot to abolish the law relating to the appointment of Presidential Commissions of Inquiry.

On Thursday, President Kumaratunga issued a decree to Mr. Jayawickrema. Signed by Kusumsiri Balapatabendi, Secretary to the President, this is what it said:

"Whereas, on or about 2nd January 2002, a police raid took place on the Army Safe House at Athurugiriya and whereas, it appears to me to be necessary to establish a Commission of Inquiry for the purpose of inquiring into the matters hereinafter mentioned, being matters in respect of which an inquiry will, in my opinion, be in the public interest:

Now therefore, I Chandrika Bandaranaike Kumaratunga, President, reposing great trust and confidence in your prudence, ability and fidelity, do, in pursuance of section 2 of the Commissions of Inquiry Act (Chapter 393), by these presents appoint you, the said Dharmasiri Jayawickrema to be my Commissioner and to inquire and report on the following matters relating to the disclosure of the existence of and the raid on the Safe House operated by the Sri Lanka Army at Athurugiriya.

a) Whether there was any information given by any personnel of the armed forces disclosing the existence of a Safe House at Athurugiriya.

b) If so, by whom, under what circumstances and to whom such disclosures were made:

c) Were there any compelling reasons for the Police to raid the Safe House and take action in the manner they did in taking into custody several Army personnel:

d) Have the Police Officers who raided the Safe House obtained directions from the IGP or any higher authority before such steps were taken;

e) Has the Commander of the Army or any other senior officer on his behalf been consulted or informed about the said raid and whether the Commander or any such authority has indicated the dangers in such a situation and whether the Commander has warned the Police having assured of any information that would be required to ascertain the circumstances in which the unit existed;

f) Have the Police Officers acted arbitrarily in acting in the manner they did, jeopardised the security of the State and the military strategy of the armed forces and exposed the personnel engaged in the duties entrusted to them by the Army;

g) Has this action in any manner, induced/assisted in neutralizing the military strategy of the Army in combating terrorism in the Northern and Eastern provinces;

h) Have the Defence authorities and the Police Department taken appropriate disciplinary action under the Police Ordinance or other existing laws of the country against any officer/officers responsible for any illegal acts or violation of any Police Departmental Orders/Regulations and if so, is it considered sufficient in the circumstances;

(i) Recommendations that can be made to prevent interference by any officials or authorities in the military strategies of the armed forces duly operated on the orders of Commanders of the Armed Forces;

j) Any other recommendations considered relevant by the Commission on its findings in terms of this Warrant;

And I do hereby authorize and empower you, the said Commissioner to hold such inquiries and make all other investigations into the aforesaid matters as may appear necessary, and require you to transmit to me within three months from the date hereof a report or interim reports thereon, under your hand, setting out the finding of your inquiries and your recommendations relating thereto.

And I do hereby direct that such part of any inquiry relating to the aforesaid matters as you may in your discretion determine, shall not be held in public:

And I do hereby require and direct all public officers and other persons to whom you may apply for assistance or information for the purpose of your inquiry, to render all such assistance and furnish all such information as may be properly rendered and furnished, in that behalf:

And I do hereby declare that the provisions of section 14 of the Commissions of Inquiry Act (Chapter 393), shall apply to the Commission:
Given at Colombo, under the seal of the Republic of Sri Lanka, this Sixteenth day of August Two Thousand and Two.

K. Balapatabendi, PC
Secretary to the President
Already a Police-CID probe under the supervision of Senior DIG H.M.G.B. Kotakadeniya, has established that the Safe House was used for legitimate purposes. In addition an Army Court of Inquiry, headed by Army Provost Marshal, Maj. Gen. Ivan Dissanayake (and not Chief of Staff, Maj. Gen. Lohan Gunawardena, as erroneously reported earlier), which was appointed soon after the raid also confirmed this fact.

And now, a four member Army Court of Inquiry headed by Military Secretary Maj. Gen. Jayantha Ranaweera, is conducting a probe on how sensitive information about the Safe House leaked from the Army. This is to identify traitors within the Army who were responsible for providing misleading information.

In an important development this week, The Sunday Times learnt that the Commandant of the Police Special Task Force, DIG Nimal Gunatilleke, testified before this Court of Inquiry. This followed permission granted by Police Chief Lucky Kodituwakku.

DIG Gunatilleke is learnt to have told Court on Wednesday that operatives from the Army's Directorate of Military Intelligence who were tasked to carry out Long Range Reconnaissance Patrols (LRRPs) in the East used Special Task Force camps for overnight stays. They were also provided all forms of assistance to carry out attacks on targets assigned to them.

The first sign of President Kumaratunga asserting herself as Commander-in-Chief came when she summoned a National Security Council meeting on August 7. This was after a break of more than 18 weeks. Ahead of the meeting, she wrote to the Ministry of Defence giving subjects on which she required information during the meeting.

She summoned a further meeting for August 16 but it was put off since Prime Minister Ranil Wickremesinghe, other Ministers and service commanders were in Trincomalee.
Last week she granted the Commander of the Navy, Vice Admiral Daya Sandagiri, an unprecedented extension of service up to three years. That was until he reached the age of 58 year, a feat not achieved by any other Navy Commander.

Contrary to earlier reports, it has now transpired that Vice Admiral Sandagiri, did not specify a period when he sought an extension of service beyond his retirement age at 55 years on 1st September, 2002. The Ministry of Defence had made the recommendation for an extension of service for a year. It was, however, extended to three years.

A UNF Government response to the move to appoint a Commission of Inquiry is likely any time. With President Kumaratunga returning earlier than expected, it seems the collision course will continue.

Air Chief airs his views Air Marshal Donald Perera They needed to fly only half an hour to confirm the airworthiness of the Chinese built Y-8 aircraft - the only cargo plane that ferried supplies from Colombo to the military in the North. And those 30 minutes turned out to be the last for the two pilots and three-member crew. They perished in a fire that engulfed the aircraft, forcing it to crash in a paddy field at Dodangoda, in the outskirts of Kalutara, on August 15. The Pilot, Squadron Leader Suresh de Silva and Co-Pilot Squadron Leader Marlon Thomas, were men of mettle who had flown many a sortie during the 19 year long war with Tiger guerrillas. Captain de Silva had clocked 9579.05 hours whilst his deputy had 7421.50 hours. The timings they had logged not only spoke of their experience but their heroism. So were the three other crew members - Flt. Lieut. R.S.N.R. Rajapakse (Navigator - 963.5 hours), Sergeant P.A. Jayasiri (Flight Engineer - 3394.40 hours) and Sergeant L.R.L. Gunaratne (Communicator - 63.50 hours). Almost six weeks after assuming office as the 11th Commander of the Sri Lanka Air Force, Air Marshal Perera, in an interview with The Sunday Times spoke about the tragedy and on other matters. He said the crash was due a technical fault. The Y-8 was on ground for two months. An engine (number two) was changed and there was a mandatory requirement to fly the aircraft for two hours. This was a prelude to certification that it was airworthy. On an earlier occasion, it had been flown for one and half hours. On that fateful day, the crew was required to complete the remaining half hour. During flight the pilots had reported the number four engine (the first left wing tip) was on fire. They chose to return to the SLAF Base at Ratmalana from where they had taken off, he said. Air Marshal Perera explained that the Y-8 aircraft had a built-in fire extinguishing system. Evidently it had not been effective. Eyewitness had seen the engine, which was on fire, detaching itself and falling. With this, the indication we got was that the wing portion broke off from the aeroplane making it uncontrollable, he added. "I am both shocked and deeply grieved by the loss of the two pilots and crew," Air Marshal Perera said. A team from the Y-8 manufacturers in China will fly to Colombo later next week to help the Air Force conduct detailed investigations. Three Y-8 aircraft were procured from China in 1993 at a cost of over US dollars two million each. Two were lost due to Tiger guerrilla action. Born on November 30, 1950 Air Marshal Donald Perera joined the Sri Lanka Air Force as an Officer Cadet in the General Duties Pilot Branch on January 12, 1972 with the First Intake of Cadets. On successful completion of Flying Training he was commissioned as a Pilot Officer on October 19, 1973. He graduated from the Air Command and Staff College, Air University, Maxwell Air Force Base, Alabama, United States in 1990 and had also attended the prestigious National Defence College in India in 1998. Since 1983, when the separatist war with Tiger rebels exacerbated, Air Marshal Perera actively participated in air operations in the North and East. Air Marshal Donald Perera is the son of a deceased Senior Aircraft Maintenance Engineer at the then national carrier, Air Ceylon, and held a Private Pilots licence in Light Air Craft. Here are comments made by Air Marshal Perera on other issues: DISCIPLINE: Maintenance of discipline at various levels is essential. I will maintain only one standard for all, to be both firm and fair. This is what I have told all concerned when I took over command. ON THE PEACE PROCESS: From the time the MoU was made known, we made its contents known from the highest to the lowest levels of the Air Force. We told them to join hands to work towards this goal by making whatever contribution we could. Of course, in the defence of the country we have to be always prepared and ready to meet any eventuality. That is our mandatory role. In that regard, we will train and equip ourselves within the resources made available to us. PRIORITIES: Well, our priority now is to use the present opportunity to carry out further training. This was impeded to some degree when offensives were being carried out. There were constraints. We had to devote attention to operational requirements. We had to get our men ready for combat. SHORTCOMINGS: There are no major impediments. Getting spares to ensure our fleet was operational was a difficulty but we have overcome that. We will thus be able to ensure fuller fleet serviceability. We have been able to embark on infrastructure development for personnel. RECRUITMENT: Keeping with the established cadre allocated to the Air Force, we have been able to carry out recruitment. We have had no problem in finding numbers. We conduct two courses in a year for recruits. One begins in January and the other in July, every year. DESERTIONS: This has not been a major problem for us. Over a period of time, some have left. However, we have begun to focus detailed attention to why desertions occur. This is with a view to ensuring a long-term remedy. For this, the exact causes have to be identified.

Back to Top

Back to Columns

Copyright © 2001 Wijeya Newspapers Ltd. All rights reserved.
Webmaster