Columns

• BOI reveals major factors behind events which forced Gotabaya to flee the country
• Concentration of power in the hands of one top military officer not necessary in the absence of war
• Probe team says bribery and corruption main reasons for public protests against government

By Our Political Editor

The adverse impact of his actions is still being felt by Sri Lankans from different walks of life. Yet, no formal probe has been initiated by the government to determine how he and his key backers brought about such an unprecedentedly disastrous situation causing enormous economic damage. It has fallen on President Ranil Wickremesinghe to plead for help from the International Monetary Fund (IMF) after increasing taxes and electricity tariffs, among other matters, in a bid to put things right.

A little-known fact, before Gotabaya Rajapaksa’s humiliating exit from the country, was a probe he initiated. One of his primary concerns was the mob attack on his private residence at Pangiriwatte Road in Mirihana, Nugegoda, on March 5 last year. So, he named three top military officers fiercely loyal to him to a Board of Inquiry. It was headed by Admiral of the Fleet Wasantha Karannagoda and included General Daya Ratnayake and Marshal of the Air Force Roshan Goonetilleke.

President Ranil Wickremesinghe arriving at the Trincomalee Air Force base to take part as chief guest at the passing out parade of a new batch of officer cadets on Tuesday

They once commanded the Navy, Army, and Air Force. Those honorary ranks were conferred on them by President Gotabaya Rajapaksa who was also the commander-in-chief. A precedent for such elevated positions was set by onetime President Maithripala Sirisena. He elevated General Sarath Fonseka, who led troops to military victory against Tiger guerrillas, to the rank of Field Marshal. The ranks of the other three are equivalents.  This was in return for Fonseka’s support for Sirisena’s candidature at the presidential election of January 2015.

Cries of politicization of the military have prevailed over a period. Ahead of then President Gotabaya Rajapaksa, a new benchmark was set by Anuruddha Ratwatte, then State Minister for Defence and a retired Lieutenant Colonel in the volunteer force. He elevated many retired military officers to the rank of Majors General and their equivalents in the other forces. That meant increased pensions for them too. Then President Gotabaya Rajapaksa rewarded them with various positions in the government, often replacing civilian officials.

Military and intelligence lapses

Air Marshal Roshan Goonetilleke

Focus on the 17-page report, besides annexures, gained greater public attention after selected sections were leaked to the media. Those placed the blame on General Shavendra Silva for alleged lapses during the protests that drove Gotabaya Rajapaksa out of office last year. A former Commander of the Army, Silva is now Chief of Defence Staff (CDS). He joined the Army on March 5, 1984, as an officer cadet in the 19th intake. He was born on June 22, 1964. In fact, as a serving military officer, then President Mahinda Rajapaksa had not only promoted him but also appointed him Sri Lanka’s Deputy Permanent Representative to the United Nations in New York.

The Board of Inquiry noted: “Although many factors contributed to this situation, the Board of Inquiry will concentrate on the military and intelligence lapses as per the terms and references. Even though the Police activities were not within the purview of this BOI, the Board was compelled to go into some of their decisions and activities that resulted in the declaration of emergency and mobilizing the military to assist the Police in maintaining law and order.”

“The protest led by Hirunika Premachandra,” the Board of Inquiry said in its report, had taken “the President’s security detail by surprise.” It said: “The following day many discussions had been held including some chaired by the Secretary Defence to work out contingency plans to prevent such situations in the future. However, the contingency plans prepared were not properly executed by any intelligence agency although the peaceful protest that preceded it was known.

“The mob activity at Mirihana had not been detected by any intelligence agency although the peaceful protest that preceded it was known. On instructions of the Secretary of Defence, the Air Force and the Navy had reacted promptly and arrived at the location on time. However, it was observed that the Army had delayed in deploying their troops, which resulted in their inability to reach the required location on time due to the increasing numbers of protestors blocking the road. As a result of this, the Old Kesbewa road had been totally blocked by protestors from the directions of Mirihana and Embuldeniya.

“Secretary of Defence, Secretary of Public Security, Chief of Defence Staff, three Service Commanders with the IGP had rushed to the Army operations room in Akuregoda, to monitor, co-ordinate and direct operations. The mob violence escalated to a point where damage to public property took place in the form of burning of a CTB bus damaging walls and houses in the vicinity of the private residence of HE the President. At approximately 0100 hours on the 01st of April 2022, the STF (Special Task Force) supported by the Air Force had baton charged the violent mob and chased them towards the Embuldeniya junction. The situation has been brought under control by 0200 hours on 1st of April 2022. The lack of professionalism leading to indecisive action displayed in handling the Mirihana situation had given confidence for mobsters to carry out a series of similar activities in other parts of the country thereafter.

“On 5th April 2022, instructions had gone from Army Headquarters to all Field Commanders to carry out reconnaissance of VIP residences and record the distances from the nearest Army camp in order to rush troops if the requirement arose……..”

The BOI report also said: “There had not been a proper command structure in place to command and co-ordinate HE the President’s security at Mirihana to deal with the situation that occurred on March 31, 2022.” A comment on this is pertinent. Such a command structure should have been the responsibility of the Ministry of Defence since it involves the co-opting of several fighting units from different security arms. The security of a President is as important as the security of the entire nation.

Commenting on the BOI report, a top source at the State Intelligence Agency (SIS), the country’s premier national intelligence agency claimed declared “We did issue a warning to the authorities, well in advance, that President Gotabaya Rajapaksa’s private residence would come under attack. We can prove that.” However, the source was unable to produce any evidence to back up the claim. Though there is no formal confirmation, intelligence circles speak of a lack of contact between then President Rajapaksa and the first military head of the SIS, Major General T. Suresh Sallay. This was after Gotabaya Rajapaksa left office. Sallay was appointed by Gotabaya Rajapaksa as the first military head of SIS, a civilian outfit. This is confirmed by a remark overheard by guests at the Indian Republic Day ceremonies at India House, Thurstan Road, on January 26.  Ex-President Gotabaya Rajapaksa on coming face to face with Major General Sallay at the function had remarked that ‘you have forgotten me since I went out. You have not even come and seen me.”

Admiral Wasantha Karannagoda

The Board of Inquiry has revealed that 250 Army personnel had been deployed in Anuradhapura to protect “Gnana Meniyo’s house,” and added that “they were unable to take suitable action to prevent the damage and even arson.” The “Meniyo” referred to is Gnanawathie Jayasuriya, a female attendant at the Anuradhapura Hospital and known to be a sorceress. Her visitors included a host of senior military officers. They had even constructed a house for her in Anuradhapura. Former President Gotabaya Rajapaksa has also paid her periodic visits.  The Board of Inquiry makes no reference to it. It also does not make any reference to a large Police contingent and barricades placed outside her house. Samagi Jana Balavega (SJB) Women’s Wing leader, Hirunika Premachandra, who marched with a large crowd were halted at one of the roadblocks then by the Police.

The Board of Inquiry said it “concentrated on the period leading to the incidents on 31st March, 09th May 2022 and its aftermath.” It said, “The districts of Colombo, Anuradhapura, Kurunegala, Kegalle, Matara and Galle were the most affected during this period. Accordingly, responders from the military, Police, and intelligence as well as some of the politicians who were affected by the violence in those districts were called before them.” There were 63 witnesses called.

The BOI noted, “Commanders at all levels were totally surprised by the well-coordinated countrywide mob reaction as a sequel to the incidents at Galle Face and Temple Trees. Therefore, action of the Security Forces and Police had been very slow and reactive.

“Secretary of Defence and CNI (Chief of National Intelligence) stated under oath that they did not receive the INT (intelligence report) about the possible clash between supporters and the Hon. Prime Minister and protestors at Galle Face on 9th in writing on Sunday the 8th evening delivered to their respective residences at 17.00 hours, and by WhatsApp message on 9th morning at 06.15 hours. This stance contradicts with the evidence recorded from the Director SIS and verified through the action taken by the IGP on receipt of such intelligence report.” (Note: The BOI report contains a Sinhala text of the SIS report signed by its Director, Major General T. Suresh Sallay). The BOI said the Inspector General of Police had been given a copy of the same INT report on which he has acted by informing senior DIG Deshabandu Tennakoon in writing to take appropriate action.

Tennekoon is in line for succession to become Police chief after the retirement of Chandana Wickremeratne. However, he is caught up in a controversy not only over not initiating action against the warnings given but also on several related issues. The man currently tipped to be the Police Chief, once Wickremeratne retires on March 20, is senior DIG now in charge of Northwestern Province, Lalith Pathinayake.

Bribery and corruption

The BOI report makes a significant observation about bribery and corruption. It said that “the main reason for agitations to gain momentum in anti-government protests which turned into countrywide violence is due to the general belief of widespread corruption and misuse of public funds.” It added that “the co-operation and co-ordination that existed between the Armed Services and the Police in the past has gradually eroded to a point where the Services and the Police are acting independent of each other.”

The Board of Inquiry has obviously obtained the views of the President, the commander-in-chief of the Armed Forces. This is evident from the remarks that “The orders and instructions given by the Secretary of Defence had not been conveyed by the Acting CDS/Commander of the Army General Shavendra Silva to the Field Commanders on time. Furthermore, no clear instructions had been issued about action to be taken to quell mob violence, which amounts to willful neglect of duty. As a result, the troops on ground could not prevent the damage to public property and harm to persons.

“The delay indicated (above) precipitated a serious situation at Temple Trees, particularly to the lives of the Prime Minister of Sri Lanka, his family, as well as several Cabinet and State Ministers who were trapped at Temple Trees premises also to the large number of people who had come to bid farewell to the Prime Minister.

“Acting CDS/Army Commander had taken the initiative away from the ground Commanders to take appropriate action to quell mob violence as and when the ground situation demanded.

“The violence that took place on the 9th afternoon along Galle Road and Galle Face could have been mitigated if not prevented, if the Secretary of Defence acted upon the INT report, hand delivered to his residence on a Sunday by the SIS at 1700 hours on 8th of May 2022, followed up with WhatsApp message on the following morning. The Board observes that the failure to stop protestors reaching the protest site at Galle Road entrance to Temple Trees and at Galle Face, resulting in violent clashes, was the main reason for the countrywide mayhem.”

Among the other conclusions of the BOI:

“As the officer handling the subject of National Security, the Secretary of Defence should have projected to the National Security Council of possible shortfalls in areas of energy, food and agriculture that could pose a threat to our National Security well in advance.

“The three Services (and the Police) had displayed a lack of training in Aid to Civil Power. Furthermore, most of the Riot Control units were not properly equipped to deal with violent mobs.

“The Armed Forces and the Police had shown a reluctance to apply minimum force to quell activity of the rioters due to fear of persecution.

“Since 2009, after the war, a sense of complacency has set in within the Armed Forces.

“The general belief of widespread corruption and misusing public funds was the root cause to mobilize people for violent protests.

“The Defence hierarchy should have foreseen the developing volatile situation in the country (over 6000 protests within the last few months with the largest at Galle Face) and advised the political authorities to refrain from hosting large political gatherings at Temple Trees during this time period.”

The Board of Inquiry has made a string of allegations against General Shavindra Silva both in his capacity as acting Chief of Defence Staff and Commander of the Army. General Silva could not be contacted for a response. A source close to him, however, said “it is not fair to fix the entire blame on him. A broader-based and detailed inquiry will absolve him. The truth will come out one day.” However, other sources said there was discontent at the highest levels in political circles for General Silva did not respond to telephone calls from them during the crisis nor heed their messages over matters “related to life and death.” Here are the allegations levelled against General Silva:

• He had failed to rush Army reinforcements to Mirihana (Gotabaya Rajapaksa’s private residence) despite having a contingency plan whereas the Navy and Air Force Commanders acted promptly on the instructions of the Secretary of Defence.
• He had disregarded repeated instructions from HE the President and the Secretary of Defence to take action to prevent damage to property and people being harmed near Beira Lake at Navam Mawatha in the afternoon and to clear the mob along the Galle road in front of Temple Trees in spite of having over 4,500, including five Battalions from the elite Air Mobile Brigade, Special Forces and Commandos, stationed in different locations within Colombo City limits.
• He could have easily dispatched the contingent of troops that was sent around 0200 hours on 10th morning to clear the Galle Road much earlier, thus preventing the tense situation inside Temple Trees that created anxiety among the Prime Minister and others who were trapped inside.
• Trying to justify his actions through media by giving an interview (to a newspaper) on 29th May 2022 knowing very well that there is a BOI already appointed to investigate the incidents, thereby undermining the purpose of the BOI.
• For what purpose over 4,500 troops of Air Mobile Brigade, Special Forces and Commandos were brought by him to Colombo and not deployed on time to save the Prime Minister, his family and others who were trapped inside Temple Trees?
• The same elite troops were not used to quell the mob violence effectively in other areas in and around Colombo.

The Board of Inquiry has called for further investigations into the conduct of General Shavendra Silva.

General Daya Ratnayake

It is clear from the 17-page report of the BOI that the focus has been on the attack on the private residence of former President Gotabaya Rajapaksa. A fact which has not surfaced so far, either in the report or in the media, is that the former President was at his residence at the time of the attack. Therefore, the gravity of the need to find out what went wrong becomes important.

Nevertheless, the BOI findings do raise some questions. Its report went into the hands of then President Gotabaya Rajapaksa weeks before he fled the country. As both President and Commander-in-chief of the Armed Forces, why did he not initiate any action? After all, every one of those concerned – those tasked to probe the issue as well as those against whom there is finger-pointing – are all men whom Gotabaya Rajapaksa handpicked and posted to different positions. He also promoted them. Therefore, like on the economic front, is this also a case of mishandling by him?

The BOI, whether fully accurate or otherwise, has made some extremely serious indictments on the office of the Chief of Defence Staff (CDS) – the apex of Sri Lanka’s security apparatus. Concentration of power in the hands of one top person, particularly at a time when there is no separatist war, raises the all-important question whether it is necessary. Should there not be a complete overhaul of the security apparatus to cope with current day needs and threats? Is there no need to depoliticise and make the military become a more professional one? That can only happen with professionalism and adherence to widely accepted norms and rules. And that should begin at the Ministry of Defence.

The leak of parts of the BOI report came as different trade unions geared to stage a string of protests under the aegis of the Janatha Vimukthi Peramuna (JVP) led National People’s Power. The much-publicised inaugural strike on Monday ended in a flop though it did disrupt work in some sectors. Yet, the NPP has termed it the protest week but there was no major disruption of activity.

Another factor which is now certain is that local council elections will not be held on March 9 as announced by the Election Commission. The Commission met on Friday but put off a decision on the matter. There is little doubt that in the coming weeks and months, the country needs a more vibrant and effective military and efficient police service. In the case of the police, murders are common and take place at least every other day. Robberies are on the increase. Law and order, to say the least, is deteriorating.