… former, present polls monitors differ
By Shamindra Ferdinando
Election Commission (EC) Chairman Mahinda Deshapriya yesterday (3) said that the recent Ratnapura High Court ruling, in respect of the 2015 January Kahawatte killing, wouldn’t bar SLPP candidate Premalal Jayasekera from contesting the parliamentary polls on August 5.
Deshapriya said so when The Island asked for comment on the Ratnapura, High Court sentencing the SLPP candidate, along with two others, to death, over the killing of a person backing the then common candidate Maithripala Sirisena.
At the time of the incident, Jayasekera held the post of Deputy Minister in the SLFP-led UPFA government.
Deshapriya said that there had never been a similar case before though there had been cases of elected lawmakers being unseated after being found guilty by courts.
“We’ll discuss the issue at hand after the election and decide what to do,” Deshapriya said, adding that there was no change in the status quo as a result of the Ratnapura HC ruling.
The EC consists of Mahinda Deshapriya, Prof. Ratnajeevan Hoole and Nalin Abeysekera, PC.
CMEV (Center for Monitoring Election Violence) spokesman Manjula Gajanayake told The Island that the top SLPP leadership should have considered all aspects before accommodating the former lawmaker on the Ratnapura nomination list. The SLPP could have easily avoided what Gajanayake called unnecessary complication by fielding another in place of Jayasekera, Gajanayake said. The polls monitor pointed out that the SLPP was aware that the Kahawatte case had been heard and the ruling was pending.
Responding to another query, Gajanayake said that the EC as well as political parties, especially those represented in parliament would have to address the issue.
Ratnapura District SLPP list comprises Vasudeva Nanayakkara (leader), Pavitradevi Wanniarachchi, Janaka Wakkumbura, John Seneviratne, Premalal Jayasekera, Dunesh Gankanda, Akila Ellawala, Sanee Rohana Kodituwakku, Ranjith Bandara, Gamini Waleboda, Muditha Prishanthi, Hettiarachchige Lakshman Premaratne, Athula Kumara Rahubadda and Miyuru Bhashitha Liyanage. SLPP’s 14 candidates, include six former lawmakers. Of them, Dunesh Gankanda was elected from the Ratnapura district on the UNP ticket at the last parliamentary polls in August 2015.
The SLPP should blame itself for the crisis, Gajanayake said.
On Feb 26, 2019 four suspects who had been charged with killing of an individual in Kahawatta during the 2015 presidential polls campaign were acquitted and released by the High Court of Ratnapura. However, Jayasekera and two others remained as accused.
Executive Director of PAFFREL (People’s Action for Free and Fair Election) Rohana Hettiarachchi told The Island that at the time Jayasekera received nomination he hadn’t been found guilty by High Court of Ratnapura. Therefore, there couldn’t be an issue in voters exercising their franchise for Jayasekera tomorrow, Hettiarachchi said. However, the EC would have to seek legal advice before Jayasekera received oaths as a member of parliament.
The police arrested Jayasekera in the Beruwela police area while he was hiding after the high profile Kahawatte killing.
CaFFE (Campaign for Free and Fair Elections) head Ahamed Manas Makeen told The Island that the electorate should exercise their franchise for those who had clean records. Those who abused women and children or encouraged such practices, bribery and corruption and engaged or promoted violence or extremism shouldn’t be encouraged. Makeen said that the CaFFE stand was relevant to all districts not only Ratnapura where a candidate was sentenced to death.
However Makeen’s predecessor, Rajith Keerthi Tennakoon, in a letter dated Aug 2 addressed to the EC, on behalf of the Samagi Jana Balavegaya (SJB) said that in terms of the Article 89 of the Constitution a convicted murderer is automatically deprived of the right to exercise his franchise. Therefore, Jayasekera couldn’t vote at tomorrow’s general election, Tennakoon said, pointing out that in terms of Article 91 of the Constitution, a person disqualified to vote at the general election couldn’t contest. Tennakoon urged the EC to advice the Returning Officer of Ratnapura accordingly without delay.
Keerthi functions as the SJB representative at the EC.
SLPP Chairman Prof. G.L. Peiris said that they were watching the situation.
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AG not bound by its recommendations, yet to receive report
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.
JVP picks holes in PCoI report
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.