Death penalty hangs in balance

By Ayesha R. Rafiq

The imposition of the death penalty promised by the government just before the Provincial Council elections is likely to be delayed or withdrawn, The Sunday Times learns.

The decision to withhold or delay the implementation of the death penalty comes in the face of powerful lobbies against imposing the death penalty.

While the authorities are supposedly reviewing the files of the convicts, none of the relevant authorities is aware at what stage the process is at present.

Attorney General K. Kamalasabeson said the files had to be reviewed by the judge who heard the case, the AG and the Minister of Justice. If all three affirmed that the death sentence should be imposed, the recommendation would then be sent to the President.

While the AG's department is still locating the files and case records relating to the convicts, Senior Assistant Secretary (Legal) of the Justice Ministry K. De Silva said the Ministry had not as yet received any files for review.

Almost six months after the promise however, a file is yet to be sent to the President.

Presidential Secretary K. Balapatabendi told The Sunday Times that while he was aware that there were more than 100 convicts on death row, he was still awaiting the recommendations of the authorities as to the implementation of the sentence.

The total number of convicts on death row is at present 114, among whom are five females, and comprises convicts who have been condemned as well as those appealing against their sentences.

The majority of them have been on death row for over four years and prison officials say they are having difficulty in accommodating any more.

Prison officials say additional cells have been taken over to accommodate the convicts, but the death row cells are still overcrowded to more than double their capacity.

Between 1994 and 1998 while a total of 277 people were sentenced to death, 238 of them received commuted sentences, until the last amnesty on January 30, 1999.

Human rights and legal organisations are also agitating against its implementation on the basis that it does not serve as a deterrent to crime and that it is cruel and degrading.

Kalyananda Tiranagama of Lawyers for Human Rights said the death sentence was not an effective deterrent to crime as most convicts were first time offenders and the crimes were not pre-planned. He also said prevalent practices in Sri Lanka meant that there was a practice of falsely implicating those who were not connected with the crime.

NMAT denounces Anura B

The National Movement Against Terrorism has defended Foreign Minister Lakshman Kadirgamar's stance on opposing external mediation in the war against the LTTE while denouncing UNP Parliamentarian Anura Bandaranaike's statements against the Minister.

Citing the violation of Sri Lankan air space and maritime zones by India as a past example of mediation by an external country, the NMAT has denounced Mr. Bandaranaike's suggestion that Sri Lanka be open to external mediation.

"Mr. Kadirgamar has defended and stated in the clearest possible terms that the Sinhala people are not racists at the highest forum in the world — the UN General Assembly. This statement coupled with Mr. Kadirgamar's stance for a united Sri Lanka has promoted him to the top of the LTTE hit list," a statement issued by the NMAT said.

Govt. to give relief

The Government has appointed a committee to study the Workers' Charter which the People's Alliance promised to implement in its 1994 election manifesto.

The committee which is headed by PA General Secretary D. M. Jayaratne is scheduled to hand in a report to President Chandrika Kumaratunga within two months.

The committee will also look into paying compensation to the July strikers, the pensioners grievances and compensation for political victimisation.

Dr. Hudson Silva dead

Two Sri Lankan patients will receive eyes of the founder of the National Eye Bank, Dr. Hudson Silva, who passed away on Friday night.

During a vocation spanning decades, Dr. Silva had arranged for some 40,000 eyes to be donated to people in more than 100 countries.

He died at the age of 69 after ailing for about a fortnight at the Sri Jayawardenapura Hospital.

Kadawatha killing: wife in custody

By Leon Berenger

Police investigating the killing of a millionaire businessman in Kadawatha yesterday arrested the victim's wife after evidence suggested that she was allegedly behind the killing.

The chief investigating officer said 43-old Don Kingsley Sirimanne, a father of two sons and a daughter, was strangled at his home in Eldeniya early on Friday as his three children slept in an adjoining room.

The wife later told police the killers had entered the front lawn and called out to her husband. He opened the front door only to be overpowered by the unidentified group and later strangled, the wife had said.

Kadawatha police Inspector P.K. Edmund Tillekeratne said the wife had claimed to be in shock and got herself admitted to hospital, saying the gang had removed some valuables from their home. He said the police believed the robbery charge was an attempt to mislead the investigators.

Another male suspect, alleged to be the paramour of the woman, is also in custody. Investigators believe that he and others had carried out the killing in connivance with the woman.

The businessman had worked for nearly a decade in several West Asian capitals before returning to the country recently to set up a successful auto enterprise at Kadawatha.

Police believe the wife began a love affair when the husband was abroad.

Deputy Minister seeks Police backing

By Chris Kamalendran

A Deputy Minister has issued a controversial letter authorising a party supporter to occupy a land beside the beach at Bambalapitiya and also sought police assistance to implement his request.

The land situated down Kinross Avenue is currently being occupied by a technician, B. David Perera, with the authority of the Coast Conservation Department.

"Since 1986 I was occupying this piece of land and I have even planted 20 coconut trees. I returned from West Asia in 1985 and had no place to live. I put up a temporary shed and continued to live here. My hobby was angling," Mr. Perera told 'The Sunday Times'.

He said that he had sought permission from relevant authorities to put up a permanent building, but the request was turned down. However I managed to live in the small hut I put up.

"Last year a group of persons called over and asked for permission to set up a temporary business. I gave permission, but later felt that they were involved in unlawful business, including production of kasippu.

"I lodged a complaint at the Bambalapitiya Police and a court case was filed against this particular party and an order was given to demolish the construction.

"I don't mind sharing this land with anybody who is genuine and wants to do any legal business," he said.

Almost after one year, last week, the same persons called over with a letter issued by Deputy Minister Jeevan Kumaratunga and demanded a piece of land for temporary occupation.

The letter was later handed over to the police station.

The letter had been addressed to the Police and also wanted the police to intervene and get this person a portion of the land to do some temporary business.

When contacted by 'The Sunday Times' Bambalapitiya Police confirmed that they had received such a letter.

"We cannot act on this letter. This is a civil matter. Therefore without Mr. Perera's consent we will not give permission to any person to enter the area," an officer said.

Mr. Perera is happy that the Police did not take sides, but is concerned about the political interference.

Last post for the postal bill

With the withdrawal of or prolonged delay to several proposed bills, the Postal Corporation Bill too has been shelved, and will be replaced by a set of new laws recommended by the Postal Reforms Committee following strong protests to the original Bill, The Sunday Times learns.

The Bill, which was to be presented in Parliament on Friday was postponed pending the report of the Committee, which began work on July 27. An interim report will also be presented to Post Minister Mangala Samaraweera this week, N.P. Hettiarachchi, General Secretary of the Union of Posts and Telegraph Officers, said.

The committee was given the task of drafting a new set of laws for the reorganisation and reformation of the postal services following strong opposition against the original bill.

While the drafting of the new laws is still not complete, Mr. Hettiarachchi said the new laws would give the postal workers and the public a better deal.

The committee comprises 16 officials representing trade unions, Ministry of Posts, Public Administration and Labour, the public and a communications institute.

Senaka falls by the wayside

By Dilrukshi Handunnetti

Despite heavy lobbying led by President Kumaratunga a and heavy expenditure of some 50 million rupees, Sri Lanka's candidate for the prestigious post of UNESCO chief fell way behind and withdrew, Foreign Ministry officials said.

They said Sri Lanka's candidate Prof. Senaka Bandaranaike, the country's ambassador in France, was obviously out of the contest even before it properly began and was therefore advised to withdraw. Prof. Bandaranaike secured only four votes in the first round and worst still with only two votes in the second round.

See details on "inside the glass house"

Court orders head count in mosque

By Ayesha R. Rafiq

The Supreme Court has ordered that the Dawatagaha mosque compile a list of Muslim residents in the area, pending a decision as to the selection of trustees to the mosque, after some residents filed a petition regarding alleged mal-administration and misappropriation of funds.

The petitioners said they had told the Waqf Board in 1994 that the special trustees had held that position for 12 years and had allegedly been engaged in abuses and malpractice in the affairs of the mosque.

They alleged that the trustees had not only failed to provide a clean environment for the mosque, but that more than 10 years after the construction of the mosque began, not even one floor had been fully completed.

They alleged that earlier a manager and trustee were found to be guilty of pilfering barrels of coconut oil gifted to the mosque and were asked to resign. The petitioners also referred to a theft of Rs. 50,000, the investigations of which they allege were not carried out properly and were hushed up.

The Waqf Board ordered that the Trustees should prepare a constitution for the mosque and a Jamath list, or list of residents in the area. The Trustees had then appealed to the Waqf Tribunal, which upheld the Board's order.

The tribunal held that 'there is ample evidence that the said mosque has a Jamath (congregation) but the Jamath was not given an opportunity to elect trustees owing to prolonged litigation, thuggery and mal-administration'.

Upon an application by the respondent trustees to the Appeal Court, the Court set aside the orders of the Board and the Tribunal on the basis that the orders had been made without jurisdiction and in violation of the provisions of the Waqf Act.

The Supreme Court however in its order revived the orders of the Waqf Board and tribunal and directed the Board to take necessary action to execute its earlier orders, while an appropriate decision will be taken as regards the selection of the trustees.

In Brief:

Ronnie roars

With the proclamation calling for presidential polls, election fever is once again building up in the country. In its wake came a serious warning from senior UNP parliamentarian and former finance minister Ronnie de Mel. Speaking in Parliament on Thursday, he called for a free and fair election as desired by the people of this country.

If not, he warned that the main Opposition UNP would take to the streets and give leadership to a Civil Disobedience Movement like in Bangladesh. "We will make this country ungovernable if you cheat anymore," he thundered.

Like son, like father

Deputy Ports Minister Reggie Ranatunga said a mouthful and played the game his illustrious son plays so well — when he toured Trinidad and Tobago along with several fellow parliamentarians recently.

The silver haired deputy minister was requested to captain a cricket team comprising Sri Lankan delegates - an offer he accepted gallantly. And he called a news conference where he said he was the "father of the greatest cricketer of all time and represented the best cricket playing nation".

Hardly auspicious

Eight UNP parliamentarians have requested the Elections Commissioner not to hold the presidential polls during Ramazan which falls between December 10 and January 10.

And the parents of students who would be doing their GCE O/L examination are also disturbed. Polls generally means school halls being converted into polling booths and all kinds of rackets with ordinary life being seriously disturbed. Not to forget those awaiting to celebrate Christmas — polls would certainly mar the festive season!

Hambantota hermit

When the UNP parliamentary group met on Friday morning to get the approval of the group for party leader Ranil Wickremesinghe's nomination as presidential candidate, errant Mervyn Silva was at his wittiest best.

Welcoming the party decision, the Hambantota member said he felt like hermit Asitha when Siddhartha, the Bodhisatva as a toddler was presented by his father to the wise and spiritual.

"Like Asitha, I shall raise one finger up, and laugh and cry at the same time", he said. And explaining further, he said the raised finger was in approval of the party's decision, the laugh because the party leader was sure to become President, and the cry because under the UNP government he would not be made a minister!

VOA agrees to swallow its toxic trash

By Chris Kamalendran

The Voice of America station has agreed to remove the suspected toxic-waste matter dumped in the backyard of a temple in Madampe following strong protests from the villagers and orders from provincial environmental authorities.

Wayamba Environmental Authority Director Saman Ekanayake told The Sunday Times the suspected toxic waste matter would be removed tomorrow morning and taken back to the VOA complex at Iranawila.

The cost of the exercise will be borne by Marconi Inc, the construction company of the VOA project here.

The Environmental Authority in the province will carry out lab tests to ascertain whether the water and soil have been contaminated by the dumping of the waste matter.

The Sunday Times exposed the dumping of the suspected waste matter in its lead story on October 10. VOA officials have been told to be present at the dump yard. Meanwhile the Pradeshiya Sabha Chairman Pradeep Soysa who spearheaded the protest campaign against the dumping of the toxic waste said the villagers were now calm after assurances were given that the matter would be removed.

Hello, this is Radio Sri Lanka!

Radio-phone mixup in Puttalam

The Sri Lanka Broadcasting Corporation (SLBC) transmitter at Puttalam is causing severe inconvenience to the telephone subscribers in the area, residents say.

Many of the subscribers in the area complain that they hear SLBC programmes on the telephone when they take calls.

"This has become a severe problem to us. We have complained to Telecom, but nothing has happened," a subscriber said. A Regional Telecom Engineers official said they had received complaints, but were unable to do anything about it. A spokesman for the SLBC in Colombo also confirmed that the disturbance was taking place, but that Telecom would have to take some step such as changing the instruments. The Telecom spokesman claimed that the SLBC had made a mistake in setting up its transmitter in Puttlam and it was the SLBC that had to take some remedial measures.

'Save my grandchild'

A grandmother accompanied by a Year 1 student of a school in Kottawa walked into the Homagama police station to request officers there to help save the child from drug addicts of the area.

She told police that the mother left the child when he was only seven months old, while the father is serving a prison term on a drug related offence. She had pleaded with the police to take custody of the child as she herself was an invalid on crutches.

Police had produced the child before the Homagama Magistrate Lalith Jayasuriya where the grandmother pleaded again that the child be taken care of in a children's home nearby. The Magistrate handed over the child to the Salvation Army till he could be admitted to a school to enable him to continue his studies.

Doctors still missing: strike looms

By Tania Fernando

The Health Ministry is seeking assistance from the ICRC and Ministry of Defence to look into the reported abduction of four doctors from the uncleared areas in the north — while the GMOA has warned of a strike from tomorrow to protest against the lack of concern by the government and related issues.

Health Ministry Secretary C. Abeygunawardena said that due to problems the ministry was facing with regard to communication, they were unable to identify the doctors.

The four doctors, including a lady doctor were kidnapped on the night of October 17 from Pudukudiruppu and Kilinochchi hospitals by suspected LTTE rebels.

Reacting angrily to the abduction The Government Medical Officers Association has accused the authorities of a lethargic attitude and a lack of concern for the missing doctors and other medical personnel in the war zone.

"If the authorities fail to provide protection to doctors working in hospitals in the North and East, the GMOA would withdraw the services of these doctors," it said.

Meanwhile, the ministry is still awaiting Cabinet approval for the issue of free air tickets to interns posted to Jaffna, Mr. Abeygunawardena said.

Interns in Jaffna claim that at the time they were transferred to Jaffna, the Ministry of Health had assured them that air tickets would be given once in three months. This was done at the start, but has been suspended during the past six months.

Mr. Abeygunawardena claims that the issue of this free ticket will be approved by the Cabinet once they receive the observations from the Treasury on the matter.

In a letter to the President, the interns state that with all the hardship they undergo in Jaffna they need proper security in the case of an emergency evacuation.

They say that once they land at Palaly airport, proper transport with a red cross flag on the vehicle should be arranged for their trip to the hospitals in and around Jaffna.

In the event of their death, compensation should be paid to their immediate family members or permanent measures be taken for the support of their dependents, the interns say.

The interns requested the President to look into their grievances and grant them relief.

Passport boss stamps down on touts

The new Immigration and Emigration Controller, N. Bambarawanage, has sought police assistance to crack down on touts and middlemen loitering around the passport office in a bid to ensure that the public could attend to their work without difficulty.

"As part of the measures to crackdown on any malpractices we will deploy policemen in civvies in and outside the building," he told The Sunday Times.

He said the police would arrest anybody, including touts, bogus JPs and other middle-men who were involved in illegal activities and helping to obtain passports.

He said he also hoped to get the assistance of the City Intelligence Center, a police unit helping to minimize crime.

Mr. Bambarawanage said he would seek police and public cooperation to track down persons overstaying their visas. He said just as Sri Lankans overstay their visas in Western countries, there were Thai and Russian nationals among others overstaying their visas here. The Immigration Department will also be shifting to Battaramulla shortly.

Explaining the reasons for the shifting, Mr. Bambarawanage said: "It's a policy decision by the Security Council. Soon after the Central bank bomb explosion in 1996, the government decided to shift departments and other state institutions out of the city and accordingly our department is to be shifted to Battaramulla."

The new controller appealed to the public to bring it to his notice if anyone found it difficult to obtain passports and if any persons were demanding money.

Guard for guards

By Leon Berenger

Airport security officers are being provided transport and an armed escort when they go home following a spate of threats from duty-free racketeers, touts and others.

Airport and Aviation Services Vice Chairman Maurice Fernando said the threats were on the increase after the airport authorities took over the security operations in passenger areas on September 15. This task had earlier been handled by the police.

Mr. Fernando told The Sunday Times the situation within the premises was back to normal, but the airport guards were facing frightening threats from the gangs who operated outside the airport boundaries. There had already been seven to ten such cases reported during the past few weeks, he said.

In a bid to prevent any serious situation, a decision was taken to provide transport and armed escort to security personnel when they leave for their homes.

The guards are taken in an airport bus and dropped off at safe locations to continue their journey home, he said.

He added that the matter had already been taken up with the IGP and the Defence Secretary. "What we need here is extra police personnel outside the airport boundaries to have a check on these gangs whose aim is to fleece unsuspecting migrant workers returning mainly from the Middle East," he said.

In the most recent incident, a gang overpowered two airport security personnel and freed a suspected tout who was being taken to the Katunayake police. The incident occurred in broad daylight, but there has been little or no action to get at the culprits, sources said.

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