Columns

• Old cases are revived, but arrests seen as witch-hunt and hurried moves
• Govt. leaders react to Yoshitha’s release on bail, vow to pursue the cases
• Yoshitha relates his remand prison ordeal; given pol-sambol and rice to eat and a mat to sleep

By Our Political Editor

Years ago, top military officials were handed an unusual task. One of their superiors wanted them to handle a sorcerer from a Muslim country, especially flown to Sri Lanka, to locate the elusive Tiger guerrilla leader, Velupillai Prabhakaran.

This towering six-footer with broad shoulders, clad in a kurta-shalwar kameez, had already startled his own countrymen with forecasts that proved to be remarkably accurate. In Colombo, the man provided his handlers with a location: Viharamahadevi Park, overlooking the Colombo Municipal Council (CMC). Inside the park, once named after the UK’s Queen Victoria, the sorcerer chose the shadows of a large tree. He carefully pored over a substantial map, unfolding sections and getting increasingly agitated. Suddenly he bolted, like a restless horse from a stable, leaving his helpless handlers in pursuit. Near the entrance, he headed for the statue of Lord Buddha, sitting majestically facing the road and the green lawns of the CMC.

Then he began to climb the sacred statue, causing an uproar among the drivers of three-wheeler taxis parked in a row outside. Outraged by what they perceived as a desecration of a holy idol, they rushed with poles and even stones. To appease the angry crowd, threatening to assault him, the handlers apologetically explained that the man had gone mad. They bundled him into a Jeep and sped away.

Yoshitha Rjapaksa in full ceremonial naval uniform on his wedding day

Later, a debrief followed. This time the sorcerer said he wanted to be taken to an area where he would have a “line of sight.” He was moved to Galle Face Green. In a secure area, he ran through a map, this time not one that depicted in one inch an area of 50,000 metres of selected battle areas. It was a Sri Lanka tourist map. He went into a trance and pointed to three locations with his index finger. The conversations were mostly in sign language. The handlers spoke English but not their quarry. The latter had been briefed in his own language by a third party. The anxious handlers found that all three areas were outside the war-torn north and east. They reported the matter to their superiors. At least for some time, the top brass believed that LTTE leader Prabhakaran was living in disguise outside the battle zones. Warnings were issued to be alert.

Though not relevant to this discourse, another matter of importance during that period worthy of mention was a concern at the highest levels of the military top brass. How was information related to a planned military operation either in the north or east sometimes leaked in advance? The answer: the Tiger guerrillas monitored telephone conversations senior military officers made to leading members of the Buddhist clergy in the south. That was to ask for auspicious times on a given date to begin an offensive operation. This fact was also confirmed by Vinayagamoorthy Muralitharan, alias Karuna, who was the guerrilla Eastern Commander before quitting. He told military top brass that guerrilla intelligence leader Shanmugalingam Shivashankar, better known as Pottu Amman, was armed with telephone numbers.

The episode of the sorcerer, during the separatist war, highlighted the lengths to which the military establishment would go in their commitment to defeat the Liberation Tigers of Tamil Eelam (LTTE). They were not limited to the battlefield and strategies alone. Now there are shades of these developments in contemporary Sri Lanka, this time with the military’s role replaced by the police, or more pointedly, the Criminal Investigation Department (CID). The battlefield has turned out to be the fight against large-scale bribery, corruption and other misdemeanours. Anxiously awaiting the outcome are the public, particularly those who voted President Anura Kumara Dissanayake and his NPP government into power. Ahead of both the presidential and parliamentary elections, the Janatha Vumukthi Peramuna (JVP)-led National People’s Power (NPP) had as their major pledge the promise to bring the corrupt to book no sooner than they were elected. The reveleations of those who robbed public wealth became the hallmark of the campaigns by President Anura Kumara Dissanayake. His colleagues, including some who are now cabinet ministers, joined in.

Yoshitha Rajapaksa leaving the court premises on Monday after being released on bail

Added to the promised new aura was the induction to the investigative realm of two retired police officers, onetime Deputy Inspector General (DIG) Ravi Seneviratne and Senior Superintendent of Police (SSP) Shani Abeysekera. Both returned from retirement. Seneviratne was appointed Secretary to the Ministry of Public Security, while Abeysekera was assigned the new title Director of Central Criminal Analysis Bureau. Both were experienced CID officers. Seneviratne was the topmost head, while Abeysekera was its director. Both were mired in controversies too. Like those trailers in a hit movie, social media accounts projected them as superheroes who descend on the wrongdoers like eagles diving for their prey.

A high-pitched campaign saw one of them, Abeysekera, a veteran investigator, laying bare several areas of not only corruption but also bribery in the social media. A major highlight was the 2019 Easter Sunday massacres that led to 269 deaths. These raised public hopes and expectations that the NPP government was literally moments away from exposing big-time wrongdoers. Only last week, a government source said, a foreign government has been contacted over matters relating to testimony of a person in the know.  This is not to say they were oblivious to carrying out their tasks. It dawned on them only then that there are roadblocks. A ding-dong battle broke out between the Police (in this case the CID) and the Attorney General’s Department.

Hurried moves

As pointed out in these columns before, the Police said the AG’s Department was delaying indictments. The latter, in turn, hit back, saying the evidence and related material they gathered were insufficient. Casting aside concerns from sections of the legal fraternity that it technically amounted to interference, President Dissanayake met the Attorney General and his top officials. He sought their views on concerns expressed by the Police. The discussions also centred on specific cases that were in public focus. Days later the machinery began moving. Alas, they were on cases that were many years old. One of the first arrests was that of Anura Priyadarshana Yapa, a former minister and now leader of the New Alliance. It was for alleged misappropriation of Rs 6.1 million in 2014—11 years ago. Clearly, they were ones that have remained in limbo, perhaps due to political pressure at that time. That it did not meet an overwhelming public response is one thing. On the other, the NPP government’s stoic silence on the cases in focus highlighted the public disappointment.

Earlier these arrests were followed by that of Priyantha Kumara Mayadunna, a former Secretary to the Ministry of Public Administration (last Thursday). He has been released on a surety bond of Rs 200,000 by the Colombo Magistrate’s Court. According to Police spokesperson and Senior Superintendent Buddhika Manathunga, he had been arrested over the handling of Rs 183 million from the Cooperative Fund for the Isuru Saviya celebration held in Kurunegala in 2011 to mark the International Cooperative Day. As is clear, the case is 14 years old. He said that the Attorney General had informed the CID that there was sufficient evidence to file charges under the Penal Code. However, legal counsel for Mayadunna claimed that allegations against their client related to the alleged mishandling of Rs 100,000 used for the transportation of people to an event. That was why he had been enlarged on bail on a surety bond of Rs 200,000, they pointed out. The action would have a chilling impact on state sector officials in executing tasks or making decisions for fear that even after a decade, they would be subject to legal scrutiny.

These events highlight the hurried move by the AG’s Department to expedite cases that have been stuck for years. The pressing need is for the NPP government to ensure transparency and efficacy in its anti-corruption drive. The public’s anticipation grows with each disclosure, and while there is appreciation for the steps taken, there is also palpable impatience for swifter, more current accountability. This tension underscores the delicate balance the new administration must maintain between retrospective justice and proactive governance. As the battle against corruption continues, the role of investigators like Seneviratne and Abeysekera becomes ever more crucial in navigating the complexities of legal and rising societal expectations. Then came an old but high-profile case.

On Saturday, January 25, Yoshitha Rajapaksa, the second son of onetime President Mahinda Rajapaksa, was arrested. He has been in the eye of many a controversy before. His foray into a military career in 2006 was to become a cadet officer in the Sri Lanka Navy with a training stint at the Naval and Maritime Academy in Trincomalee. He was promoted to Midshipman and was posted as aide-de-camp of his father, President Mahinda Rajapaksa, who was then Commander-in-Chief of the armed forces. He was then posted on a foreign assignment to Britannia Royal Naval College in the UK. In 2009, he was promoted to the rank of acting Sub Lieutenant and later as Lieutenant.

President Maithripala Sirisena, who was elected in 2015, decommissioned him. It is known that it came at the personal request of his predecessor, Mahinda Rajapaksa. The yahapalana (good governance) government ordered a probe on how he joined the Navy and thereafter received scholarships to the United Kingdom and Ukraine. The government, it transpired, had spent Rs 22.23 million for the two foreign stints. The findings of a parliamentary committee revealed that he lacked the qualifications for enrolment in the Navy. Yoshitha Rajapaksa was reinstated with effect from February 28, 2016, retrospectively on September 25, 2019, by President Maithripala Sirisena. This again was at the request of his predecessor. From the rank of Lieutenant, he was promoted to the temporary rank of Lieutenant Commander. He was named ADC to a flag officer on October 2, 2019, just two days before his wedding, held according to naval traditions on October 4, 2019, in Colombo.

The events after the arrest of the naval officer were to cause considerable embarrassment to the leadership of the NPP government. A team of CID detectives, who turned up at his residence, found he was not there. Through the chain of command, the team conveyed the news to acting Inspector General of Police, Priyantha Weerasooriya. Upon learning that Rajapaksa was on the southern expressway, he alerted the Police at entry/exit points to stop him. Their orders were to detain him until the CID team arrived.

Yoshitha’s version

Yoshitha Rajapaksa explained to the Sunday Times his experience that day. He said, “I was not at home that Saturday. Nor was my family. My residence was therefore closed. I had left for Tangalle to attend a wedding. When I reached the Beliatte interchange, I was stopped there by a traffic police officer. He first checked the vehicle for registration, insurance and the licence of the driver. He said the Police were under orders to stop me. He appealed to me to remain at the interchange office until a CID team arrived. They wanted to ask questions, he said.  I was asked to remain seated at the office there. I told the officer that I would go to my residence in Beliatte and await them, He politely told me I could not do so. I then rang our supporter, whose wedding it was. I said I was unable to attend. Though I did not know that I would be stopped, I did realise that two persons on a motorcycle were following me from the moment I began my journey from my residence to the expressway.”

Yoshitha Rajapaksa added, “When the CID team arrived, they wanted me to come in their vehicle. The journey to their headquarters in Colombo took three and a half hours. It was around 5.30 p.m. when they recorded a short statement and escorted me to the residence of the Colombo Additional Magistrate. I was then ordered to be remanded. The men were civil and polite. ”

He told a family member that whilst waiting at the magistrate’s residence, his brother handed over two bottles of water for his use. He had not been allowed to take it to his cell. Nor was the home-made lunch sent to him on Sunday (January 26). He had to eat the prison pol sambol and rice. He was kept locked in the cell except for being allowed out for 45 minutes in the morning, one hour during the daytime, and one hour in the evening. He was given a mat and asked to sleep on it, he said. He had no sleep that night. He also told them that that the movement and residences of his close friends were being watched. “The principle of natural justice exhorts that a man is considered innocent until proven guilty. Hence, this treatment of any suspect,” is inhuman, argued the family member who did not wisht to be identified. However, a prison official said that visitors to the prison were not allowed on Sundays since it was a holiday.

Young Rajapaksa, an avid rugger player, said, “The case against me is eight and a half years old. At that time, I was questioned but not identified as an accused. There was only one other person who was listed as an accused then. That was Daisy Forrest, my maternal grandmother. This time, however, they have made me an accused. I cannot understand why a fleet of vehicles and motorcycles was deployed to track me down. If there had been an intimation to me to come over to the CID office, I would have turned up. It was only on January 3 that I was to report to the CID office over a case involving the construction of a house in Kataragama. I went there, and they recorded a statement.” He said police teams had also been deployed at Carlton, the family’s Tangalle residence. “My father,” Yoshitha Rajapaksa pointed out, “received me warmly when I came to his Wijerama residence. His words of advice to me were to always be prepared for the good and the bad in politics.”

Police spokesperson SSP Manathunga told the Sunday Times, “Yoshithaa Rajapaksa had purchased a land and a house for Rs 34 million in Ratmalana. He is facing charges under the Prevention of Money Laundering Act No 5 of 2006 over the way he gathered the money to purchase the land and the house. The case was investigated. After extracts were submitted to the Attorney General’s Department,  they advised that there was sufficient evidence to name him as a suspect. On their advice, he was arrested.” This is the second time Rajapaksa was in remand; the first, where he was granted bail, was in 2016. The case is the outcome of findings by the now-defunct Financial Crimes Investigation Division (FCID) during the yahapalana government. In 2017, the FCID told court that the 31.5-perch property in Sirimal Uyana, Ratmalana, was allegedly purchased through money laundering and was registered in the name of Daisy Forrest.

The case against Yoshitha Rajapaksa was called again on Monday (January 27) by the Colombo Additional Magistrate Manjula Ratnayake. An appeal by the prosecution to further remand him was turned down by the magistrate. It was on the grounds that there was insufficient evidence before the court. The magistrate queried why action was being taken after more than eight years.

Govt. leaders not happy

NPP government leaders were not pleased with the news that Rajapaksa, who had been remanded for the weekend, was released on bail on Wednesday. There were two sureties of Rs 50 million each. The court also imposed a travel ban on him. The news was met with disappointment by backers of the government. The mood was clearly reflected in pro-government social media outlets. They struck a discordant note. Adding to it were the responses from the NPP government leadership. They quite clearly found themselves helpless.

The first to react was President Dissanayake. Speaking to his party cadres in Anuradhapura, he emphasised that the magistrate’s court had only granted bail to Rajapaksa. This, however, did not mean the end of the case. This was only a part of the legal process. Indictments will be filed against Rajapaksa, and the case against him for money laundering will be heard, he asserted.

Following suit was Justice Minister Harshana Nanayakkara. Breaking a self-imposed silence, he went to great lengths in a statement to the media. He said, “There is a perception, fuelled by past experiences, that arrests and detentions are followed by a media spectacle, only for individuals to be released shortly after. That is not the case here.”

Minister Nanayakkara explained that granting bail did not amount to an acquittal. Instead, he noted that it was part of a legal process where the courts evaluated factors such as the likelihood of the suspect fleeing, the potential for interfering with investigations, and their previous criminal record. “If none of these concerns arises, the usual course of action is to grant bail,” he added. He emphasised the importance of allowing the legal process to unfold transparently and without undue influence, as the integrity of the judicial system is paramount to maintaining public trust. “This case involves money laundering, and filing the necessary charges is part of the due process. The court’s decision to grant bail does not absolve Yoshitha Rajapaksa of the charges,” he claimed. He said that “in another two to three months, the public will see whether the National People’s Power government is truly committed to a new path of governance or reverting to old patterns.”

These remarks at the highest levels, both by President Dissanayake and his Justice Minister, are of significance. They are an acknowledgement of the negative public perceptions of how the election pledges are being handled. This, once again, clearly illustrates the absence of regular communications between the NPP government leaders and the public by a designated government personality. If there was one, that should have obviated the need for the two of them to speak out and thus confirm perceptions that they have been embarrassed. Moreover, when the precursor to the National People’s Power, the Janatha Vimukthi Peramuna, while in opposition, described similar situations between a government and those accused of wrongdoing as “deals.”

It is against this backdrop that the announcement came (just a day after Yoshitha Rajapaksa was released on bail) that the Attorney General has indicted parliamentarian Namal Rajapaksa, brother of Yoshitha. Allegations against him centre on the misappropriation of Rs 70 million through the project for the high-rise Krrish building that now lies abandoned opposite the Colombo Hilton. He had earlier been arrested as a suspect in this case, produced before the Colombo magistrate, and released on bail. The funds had allegedly been handed over to Namal Rajapaksa by a wealthy Colombo businessman with connections in Australia. However, the parliamentarian has denied any wrongdoing.

Probe on Krrish in India

In India, where most of the funding for the project came from, a separate investigation is under way. The Krrish project in Colombo stands as a monolithic testament to dreams deferred and ambitions entangled in legal complexities. Originally envisioned as a high-rise building symbolizing Colombo’s modern skyline, the project is now mired in an intricate web of financial and legal struggles that span international borders. The complexities began to unravel with investigations initiated by India’s Enforcement Directorate (ED), a specialised agency responsible for probing economic crimes. The ED launched a comprehensive money laundering investigation into Krrish Realtech Private Limited and its promoter, Amit Katyal. The agency provisionally attached assets linked to the project, including leasehold rights to four acres of land and the partially constructed Colombo high-rise structure, valued at over Indian Rupees 200 crore (About Sri Lankan Rs. 6,871,339,000).

In India, investigations have so far revealed that a considerable portion of the funds collected for a project near the Indian capital, New Delhi, had been reportedly diverted to finance the Colombo venture through The One Transworks Square (Pvt) Ltd., formerly known as Krrish Transworks Colombo Pvt. Ltd. This diversion of funds intensified the scrutiny and legal pressure on the project and its promoters. In Colombo, the incomplete structure stands as a stark reminder of unfulfilled potential and broken promises.

The project’s halt has resulted in significant financial losses and opportunity costs for local stakeholders. Potential investors, business owners, and the society at large have been adversely affected by the cessation of development activities. The Krrish project in Colombo is emblematic of the complexities and risks inherent in large-scale real estate ventures, especially those crossing international boundaries. While the project’s future hangs in balance, the ongoing investigations and legal proceedings underscore the importance of transparency, accountability, and diligent financial management in realizing ambitious development projects.

Another aspect of the local project, then investigated by the earlier FCID, is the alleged involvement of one of its investigation officers. At first, he has been closely associated with the unravelling of a multitude of alleged irregularities. Eyebrows have been raised on how the officer later became a director of the local company. Though Namal Rajapaksa has been indicted, there is no word so far on the fate of the involvement of others, including the officer concerned. If the government were to avoid the accusation that it is on a political witch-hunt of Rajapaksas, it is imperative that they conduct investigations into other aspects, too, and bring to book those involved. They cannot allow it to go unnoticed.

Another event that has raised eyebrows is the remark made by Deputy Defence Minister, retired Major General Aruna Jayasekera, at a meeting of NPP’s Aditana, a collective of retired members of the armed forces. It was held at the Matara District Secretariat on Friday (January 24). In a lengthy speech in Sinhala, there were references to the NPP forming a government and its rule. Here is a translated excerpt of what he said: “We put in a lot of effort to win the presidential and parliamentary elections. You went door to door in small groups. You printed your own T-shirts, made posters, formed committees, and travelled to difficult places. You endured abuse, allegations and insults in managing to win us these two elections. I thank you on behalf of the leadership of the NPP and all others for all that you did.

“You spoke about this to your families, friends and neighbours. They called us ‘Jeppo.’ They called me ‘Maha Jeppa’ at the National Security Council. The game that you played to win this was no small feat. We established this government for the good of the country, so can this be brought down so easily? No. We won’t give it up again either until we develop this country. We can’t let go. You have a special duty to perform in the future. All those thieves who had robbed this country have nowhere to go owing to the people’s mandate we obtained. They can’t come together again and are currently living in fear. They can’t return to power.

“In this situation, how should we behave? I stepped forward to form this collective during a very difficult time, when the white van culture was still in effect. You all joined thereafter despite the insults directed your way, thinking of the next generation. There are some little things being said on social media. We shouldn’t let such things dishearten us. Has this government, or any of us, robbed anything? Has this government sold national assets? Has any of us taken commissions or betrayed the country? No. They are talking about issues with rice and coconuts….” Government leaders, the Sunday Times  learnt, have cautioned him against making such remarks.

One cannot blame the government for the emergence of years-old cases before courts. It certainly is a step forward though it exposes serious malaise. Yet, it falls short of public expectations and becomes a major cause for erosion of public confidence. They have decided to resurrect the Financial Crimes Investigation Division (FCID), which was shut down after complaints that an officer sold sensitive findings from investigations for big money. The resurrection is because there are more than 29,000 case files involving financial crimes with the FCID, which has now been brought under the CID. They will have to ensure that the new entity, to be brought under a Deputy Inspector General of Police, is staffed with men of integrity and not with get-rich-soon johnnies, who became the only winners. They bring disrepute to governments they serve and betray the public who place confidence in them.

UNP-SJB talks

Among other matters of interest this week was a meeting by United National Party (UNP) leader Ranil Wickremesinghe with those from opposition parties. The meeting’s main purpose is to formulate a joint approach to what they call the government’s political witch-hunt. The event came in the backdrop of talks between the UNP and the Samagi Jana Balavegaya (SJB). They have veered from focusing on a merger to discussing the formation of a united front. Talks towards this are under way. For the SJB, it comes just days after the party leader, Sajith Premadasa, met the MPs and office bearers at an event at Hotel Marriot to discuss the way forward. There were some new faces too in the form of lawyers, youth and women’s league members. There is little doubt that a convergence of opposition parties, if successful, will be a threat to the NPP government. Even without representation in Parliament, they could change public perceptions.

President Dissanayake will leave for the United Arab Emirates next week. He wants to promote foreign investment in Sri Lanka. And that requires political stability in the country. It can only come if matters about investigations are handled correctly and crooks do not ruin the economy.