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Planters decry mob-violence on Park Estate, demands swift legal action against perpetrators

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The Planters’ Association of Ceylon (PA) condemned what it called the “shocking violence instigated by CWC Member of Parliament M. Rameshwaran at Park Estate in Kandapola on January 17, 2021”, which damaged property and left a Trainee Assistant Superintendent in hospital.

The Association called for an impartial investigation and swift justice following the brutal mob attack which resulted in the Trainee Assistant Superintendent being admitted to the Nuwara Eliya General Hospital. The victim of the assault was reported to have received severe injuries and was undergoing respiratory difficulties as a result of the assault perpetrated against him by a mob that was transported from outside of the region in two buses facilitated by the MP Rameshwaran, the PA claimed in a statement on behalf of all 21 Regional Plantation Companies (RPCs) in the country.

The PA also called for further investigations to ascertain the extent of damage done to the Estate Manager’s Bungalow and grounds – all of which are classified as state property of significant historical value.

“The conduct of the MP is utterly disgraceful and totally unacceptable from any citizen, let alone a duly elected representative of the people of Sri Lanka. We call on law enforcement authorities to uphold the rule of law and take swift action to ensure that the perpetrators of the brutal attack are immediately arrested, charged for their violent and illegal actions, and prosecuted to the fullest extent of the law,” the PA said.

The attack took place following a phone call made by the MP Rameshwaran to the Estate Superintendent wherein he (the MP) demanded an immediate meeting on Sunday, January 17, 2021 around 5.30 pm. The Estate Superintendent had calmly and politely suggested an alternate date, given that he was on leave at the time and was driving to Kandy to urgently purchase essential cancer medication for his father in-law, the statement continued.

Dissatisfied with the response, the MP had launched a crude verbal assault against the Estate Superintendent, who had then hung up. Thereafter, the Rameshwaran coerced workers at the estate to give him the Estate Superintendent’s wife’s number, whom he also verbally abused, which was unbecoming of an MP. This phone call had multiple witnesses, the statement asserted.

Subsequently, MP Rameshwaran, together with the Pradeshiya Sabha Chairman travelled directly to the estate in two buses full of people from outside the region to gather a mob and incite them to violence. At around 5.30 pm, the MP forcibly and unlawfully entered the bungalow premises with the mob., it further said.

A young Trainee Assistant Superintendent in the premises at the time had tried to de-escalate the tense situation, but was brutally assaulted by the mob led by the MP. Following the vicious assault, the MP and his thugs prevented anyone from entering or exiting the premises. Instead they unlawfully detained those present, including the assault victim who was denied any medical attention or assistance for at least five hours after the assault took place, it said.

Following the intervention of the Police Special Task Force and local police, the Trainee Assistant Superintendent was finally removed from the premises under armed escort and immediately transported to the Nuwara Eliya base hospital where he remains hospitalized at present. As a result of the grievous assault, the victim is still recovering from severe contusions and suffering from respiratory distress and other multiple injuries, it added.

Meanwhile, the MP and the mob continued the unauthorized and unlawful occupation of the bungalow premises for over 24 hours, burned rubber tires, damaged building structures, and also compelled workers from the estate, as well as surrounding estates of the company to stage a strike – resulting in loss of wages to workers and revenue to the company, the PA said.

“At a time when RPC’s are making every possible endeavour to keep the industry and the national economy afloat by managing the estates in a manner that safeguard the livelihood of the plantation community, such random violent incidents have undone a lot of our efforts, and will ultimately hurt the workers most”, the PA further noted.

“This is true financially, but in the context of a global pandemic, the foolish actions of MP have also seriously increased the risk of COVID transmission in the very communities he is supposed to represent. While RPCs had taken every possible measure to protect them from these risks, the conduct of the MP may have severely compromised their safety”, it said.

“This is utterly inexcusable, in addition to being totally illegal. He must not be allowed to break the law with impunity. We hope that his standing as a Member of Parliament will not be an impediment to him being brought to justice,” the PA added.

Asked for comment on the incident, Rameshwaran said he was busy at a meeting and to call later.

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AG not bound by its recommendations, yet to receive report

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PCoI on Easter Sunday attacks:

By Shamindra Ferdinando

Attorney General Dappula de Livera, PC is not bound by recommendations made by the Presidential Commission of Inquiry (P CoI) into the 2019 Easter Sunday carnage, or presidential directives in that regard, according to authoritative sources.

They said that the AG couldn’t under any circumstances initiate legal proceedings until he had received the full PCoI report.

President Gotabaya Rajapaksa received the PCoI report on Feb 1. The President’s Office delivered a set of PCoI reports to Speaker Mahinda Yapa Abeywardena on Feb 23, a day after the report was presented to the cabinet of ministers. The Island raised the matter with relevant authorities in the wake of a section of the media reporting the PCoI recommending punitive measures against former President Maithripala Sirisena, Defence Secretary Hemasiri Fernando, IGP Pujitha Jayasundera, Chief of State Intelligence Senior DIG Nilantha Jayawardena, Chief of National Intelligence retired DIG Sisira Mendis and All Ceylon Makkal Congress (ACMC) leader and Samagi Jana Balavegaya MP Rishad Bathiudeen et al over the Easter Sunday carnage.

Sources pointed out that due to the inordinate delay in sharing the PCoI report with the AG, the department hadn’t been able to take preliminary measures required to initiate the proceedings. Sources said that a team of officers would take at least six weeks or more to examine the report before tangible measures could be taken.

With the AG scheduled to retire on May 24, 2021, even if the AG Department received the P CoI it would be quite a tough task to initiate proceedings ahead of retirement, sources said. However, in terms of the 20th Amendment to the Constitution enacted in last October, both the AG and the IGP could receive extensions beyond 60 at the President’s discretion.

 

Dappula de Livera received an Acting appointment as the AG a week after the Easter Sunday carnage whereas his predecessor Jayantha Jayasuriya, PC, was elevated to Chief Justice.

Responding to another query, sources said that the Attorney General two weeks ago requested Secretary to the President for a copy of the P CoI. However, the AG was yet to receive one, sources said. In spite of the AG not receiving a P CoI copy, the AG had instructed the IGP to obtain a copy of the report when he requested the police to complete investigations into the Easter Sunday carnage. The AG issued specific instructions after having examined police files pertaining to the investigations.

The IGP, too, hadn’t received a copy so far though some sections of the report were in the public domain.

Agriculture Minister Mahindananda Aluthgamage displayed at a live political programme on Derana a copy of the P CoI report he received at the cabinet meeting earlier in the day.

Sources said that the Attorney General’s Department couldn’t decide on a course of action in respect of the Easter carnage on the basis of a section of the report. In terms of the Commission of Inquiry Act (Section 24), the AG enjoyed significant powers/authority in respect of investigations; sources said adding that the Department urgently required both the P CoI report and police investigations report. The Attorney General’s Department has raised the delay in receiving a P CoI report amidst the Catholic Church attacking the government over the same issue.

Sources said that ministerial committee appointed to study the P CoI report couldn’t decide on how to proceed with the recommendations and the matter was entirely in the hands of the AG. Sources pointed out that the delay on the part of the government to release the report had received the attention of sections of the international media, including the New York Times. Public Security Minister retired Rear Admiral Sarath Weerasekera having met Malcolm Cardinal Ranjith at the Bishop’s House on Dec 8, 2020 said that the AG would get a copy of the P CoI report once the President received it. Minister Weerasekera said that the CID had handed over the relevant files after having completed investigations into eight blasts. Referring to the Parliamentary Select Committee (PSC) report on the Easter Sunday carnage, the former Navy Chief of Staff said that all such documents would have to be brought to one place and considered before initiating legal proceedings. Acknowledging that there could be delays, lawmaker Weerasekera said that on the instructions of the Attorney General a 12-member team of lawyers was working on the case. The minister vowed to expose the mastermind behind the Easter Sunday attacks. Investigations continued while some of those wanted were overseas, the minister said.

The minister acknowledged that the Attorney General couldn’t proceed without the P CoI report. Minister Weerasekera reiterated that once the President received the P CoI report, it would be sent to the Attorney General. The minister said that there were documents two to three feet high that needed scrutiny. The minister assured comprehensive investigation. The minister said that investigations pertaining to eight blasts had been completed and the reports handed over to the AG. However, the Attorney General had found shortcomings in those investigations.

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JVP picks holes in PCoI report

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By Saman Indrajith

The Presidential Commission of Inquiry on the Easter Sunday bombings had failed to identify the mastermind of , the JVP said yesterday.

Addressing the media at the party headquarters in Pelawatte, JVP Propaganda Secretary MP Vijitha Herath said that the PCoI report had levelled accusations against former President Maithripala Sirisena, former IGP and head of intelligence for their dereliction of duty, shirking of responsibilities and not taking action to prevent the attacks and negligence. There were reference to the causes of the terror attacks and actions to be taken to avoid such attacks and the influence of extremist organisations. “However, there is no mention of the mastermind of the attacks, the handlers of the attackers and those whose interests the carnage served. It is also not mentioned whether there has been any foreign or local organisation behind those attacks. As per the PCoI report the attack took place as a result of culmination of extremism.

“According to the PCoI the extremist activities were a result of the prevailing political situation then. The entire nation was waiting to see who was responsible and who masterminded those attacks. The PCoI has failed to identify the true culprits responsible for the terror attacks. The report says that the leader of the suicide cadres killed himself in the attacks and it was a puzzle. That means those who are actually responsible for the attacks are still at large. The report does not provide exact details of the sources of the attacks. The PCoI had sittings for one year and five months. It summoned various persons and got their statements but it has failed to shed any light on the terror attacks. Everybody knows that the top leaders of the government and heads of security and intelligence establishments failed in their duties. Ranil Wickremesinghe was the second in command and he too is bound by the responsibility but the PCoI report fails to identify him as one of the persons against whom legal action should be instituted. The PCoI has treated Wickremesinghe and former President Maithripala Sirisena differently. We are not telling that this report is a total failure but we cannot accept this as a complete report. The PCoI handed over its report to the President on Feb 1. After 23 days it was sent to Parliament. Now, a copy of the report is there in the parliamentary library for the perusal of MPs.”

Herath said that the PCoI did not have powers to take punitive action. “It only has powers to name those responsible and recommend action to be taken against those named.

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