| Plese share this article with those Sri Lankans who had become zombies to the fact that eradication of Terrorism is followed by brazen slaughter of Democracy in Sri Lanka today , yet they continue to show their deplorable apathy to the travesty of Justice. This is an educational article for them to wake up being oblivious for so long . Please read it to the very end. |
Defence Sec Gotabaya Rajapakse should also be charged under the same offence?
NPA Guidelines were never adhered to by the Defence SecretaryPosted by Sri Lanka Guardian Breakingnews, feature, Open letters 7:48:00 PM
"The verdict of the second Court Martial delivered by the three Junior Major Generals with many charges against them in their military life is a travesty of justice as the NPA Guidelines has no statutory (legal) standing, as the NPA has been establish under Presidential Directive without the approval of the Parliament. This unjust verdict will bring severe repercussions and ill feelings among the three Armed Forces and also among the general public within Sri Lanka as well as among the International community, if you approve the verdict to send General Fonseka to Jail." |
by S.Upasiri de Silva
EXCLUSIVE TO SRI LANKA GUARDIAN
(October 02, Colombo, Sri Lanka Guardian) Sri Lanka Guardian had exclusively received a letter S.Upasiri de Silva, JP, Dip.St.Eng (CTC), Dip.QS.(Lond),P.Grad.Dip.Ed,(UTS),M.Proj.Mgt (UNSW), PhD, FRICS, MCIArb, MICostEng, MIPM. Chartered QS, Chartered Project Manger & Procurement Consultant regarding the second court martial verdict.
De Silva gives our readers more insight on the perverted justice that President and court marshal officials delivered last week.
To some up his thesis, “If General Sarath Fonseka is guilty of corruption or fraud or Conflict of Interest then the same charges can be brought against the Lanka Logistics and the Commanders of the other TWO armed forces Navy and the Air Force, for procurement of all other arms under violation of the same guidelines.”
“The question arises here is weather General Fonseka had known that he committed a Conflict of Interest as due to the URGENCY in managing a very dangerous WAR with the LTTE I doubt, he had even read the papers submitted to him. If he created a “conflict of Interest” in this tender then under section 2.2.1 of Chapter 2 the Secretary of the Ministry of Defence Gotabaya Rajapakse should also be charged under the same offence, as he knew the son-in-law of General Fonseka (he attended Apsara’s wedding) well as the responsibility of the Procurement action is vested on him as the Secretary of the Ministry.”
Full text below;
THIS LETTER WAS FAXED TO H.E. THE PRESIDENT AND THE PRESIDENTIAL SECREATRY MR. LALITH WEERATUNGA ON 21ST SEPTEMBER 2010.
Open letter to H.E. the President Mahinda Rajapakse, Commander - in- Chief of the Armed Forces.
The Verdict of the Second Court Martial & the defective NPA Guidelines.
H.E. Mahinda Rajapakse,
President of the Republic of Sri Lanka & the Commander –in-Chief of the Armed Forces.
Presidential Secretariat,
COLOMBO.
You’re Excellency,
Please allow me to bring to your kind notice, even though I am a Sri Lankan born Australian citizen, the following facts for your urgent consideration, before you approve or disapprove the decision of the verdict of the 2nd MC sealing the fate of General Sarath Fonseka.
I am writing this ‘open’ letter to you on my own initiative as a well experienced Contracts and Procurement Professional with a wide knowledge in the application of the NPA Guidelines and its failures to obtain a fair and reasonable decision due to ambiguities and discrepancies the guidelines has created. I used these guidelines as the Consultant for SEC to procure multi billion rupee projects for the GOSL. In one project the GOSL procured, due to these ambiguities and discrepancies, the government lost around Rs. 500 million, as the Chairman of the Tender Board and the Consultants assigned for the project couldn’t overturn the Technical Evaluation Committee (TEC) decision.
In addition to serving for the Sri Lankan government as a Senior Project Management Consultant I served in many countries in very senior positions dealing in Contracts and Procurements and for the UN-HABITAT and the CFTC- Commonwealth Secretariat, LONDON as a Construction Expert.
The verdict of the second Court Martial delivered by the three Junior Major Generals with many charges against them in their military life is a travesty of justice as the NPA Guidelines has no statutory (legal) standing, as the NPA has been establish under Presidential Directive without the approval of the Parliament. This unjust verdict will bring severe repercussions and ill feelings among the three Armed Forces and also among the general public within Sri Lanka as well as among the International community, if you approve the verdict to send General Fonseka to Jail. If you endorse the verdict as delivered by these three officers, when there are no established penalties for such offences, it may clearly indicate that you have failed to take adequate steps to scrutinise the verdict before dispensing natural justice under the Army Act which you used to prosecute him. General Fonseka may have uttered very disrespectful words during the election but as a “War Hero” and the best “Army Commander in the world” proclaimed by yourself, you should not allow any of these to tarnish your good image. As the Head of the State as well as the Commander –in Chief you are aware that Army Act clearly states that Junior Officers should not sit on judgement on Senior Officers.
You as an elder statement and the President of the country have embraced many others who used very derogatory words about you during the 2005 election, and appointed them as Ministers of your government.
Since 2005 April till 2007, I worked for your government as a Volunteer Consultant (Construction & Procurement) and also helped the 2005 Tsunami reconstruction programme [specially in the Hambantota District] and worked during the 2005 your election campaign. Also I helped in the construction work of Carlton in Tangalle and the Vijayaba Maha Vidyalaya, Tangalle in addition to other works such as planning and setting up the Ranawiru housing programme at Ippologama you initiated on behalf of the Ministry of Defence. In November 2009, I was in Sri Lanka to give a helping hand to Attorney General Mohan Peiris PC.
If you allow the judiciary (military or civil) to deviate from the normal justice system delivering proper judgements (natural justice) your name will go down in the anal of Sri Lankan History as a Dictator. As such I am writing this open letter to you without any prejudice or any malice to highlight the discrepancies of the second judgement expecting that you will dispense natural Justice to General Fonseka and set aside the findings of the CM..
NPA Guidelines
You’re Excellency; on January 27, 2006, gave the approval to the 2nd NPA Guidelines. As stated in the preface that the NPA was established by a Presidential Directive, it has no legal powers to prosecute any one who misuse the guidelines even under a court of law or under a MC. But while approving the National Procurement Agency Guidelines you requested the all uses to follow your instructions by these simple words to achieve a fair procurement system only.
“To achieve the desired results it is imperative to ensure speed, transparency and integrity in all the development spheres and in regard to which the procurement functions of goods, works and services plays a critical role”.
But the NPA and the guidelines they prepared failed to meet the above requirements as expressed by you. The National Procurement Authority was closed down after the writer highlighted the ambiguities and discrepancies in the NPA Guidelines by his article title: “National Procurement Agency Guidelines need urgent revision to remove the ambiguities (et. al) October21st-2007, Financial Times of the Sunday Times” But the GOSL failed to order a revision of the NPA Guidelines to correct the ambiguities and discrepancies pointed out in my article allowing these guidelines to corrupt the procurement system..
This was what the World Bank (World Bank funded the establishment of the NPA in 2004) stated in their “Sri Lanka Country Procurement Assessment Report”. “Guidelines should be revised to remove ambiguities and inconsistencies”.
After this report was published by the World Bank (NPA kept this under wrap) NPA commenced formulating the “second set of guidelines” now in use. You’re Excellency approved that as presented to you. The second set of guidelines now in use created more ambiguities and inconsistencies than the first set of guidelines.
As the NPA included the God given powers on the NPA top management to select the members of the TEC and the CATB, most departmental heads (like General Fonseka) never had a chance to appoint suitable and well experienced honest officers to the TEC or the CATB. NPA officials always beat the wrong drum all alone and the then Chairman Mr. Daya Liyanage was under the impression that they are doing a marvellous job, not knowing that they were taking the country and the government for a ride. Most government official who were very friendly with the NPA top guys, always got selected as TEC and CATB members (it was an additional income for them in addition to getting underhand money from people who tendered for jobs) These TEC members and the CATB members including the Consultants the NPA selected praised the NPA Guidelines as there was none to challenge them. Unfortunately for them I emerge from nowhere and challenged them.
Please allow me to bring to your kind notice some of the ambiguities in these guidelines for you to understand that you should set aside this MC findings.
As the national Procurement Agency is not an established Agency under regulations approved by the Parliamentary Legislation, but only a body created under a Presidential directive in 2004, it has no legal powers to take any action in a court of Law. The charges against General Fonseka for “Conflict of Interest” under these NPA Guidelines is not a punishable offence under the Sri Lankan legal system or under the Army Act 1949, as the Army Act is regulated under the Sri Lankan Legal System. NPA Guidelines have no mention of military procurement as such; Army Act cannot be applicable for any offences committed using these guidelines.
Conflict of Interest.
3. Officials shall declare that they shall remain without a conflict of interest throughout the process. Should such a compromising situation arise; the official shall declare his/her interest and disassociate himself/herself from the process.
The question arises here is weather General Fonseka had known that he committed a Conflict of Interest as due to the URGENCY in managing a very dangerous WAR with the LTTE I doubt, he had even read the papers submitted to him. If he created a “conflict of Interest” in this tender then under section 2.2.1 of Chapter 2 the Secretary of the Ministry of Defence Gotabaya Rajapakse should also be charged under the same offence, as he knew the son-in-law of General Fonseka (he attended Apsara’s wedding) well as the responsibility of the Procurement action is vested on him as the Secretary of the Ministry..
In a procurement process, the Chairman of the Tender Board will ONLY meet the TEC and the CATB at the beginning and the conclusion of the tender, and the CATB will always approve the findings of the TEC (Technical Evaluation committee) the mighty powerful committee under these guidelines.
According to the analysis produced in the Sunday Times by one of its reporters, the TEC has taken a decision well before the Chairman of the Tender Board ever set his eyes on this Tender. [According to Sunday Times the Chairman of the Tender Board was Major General Mahes Senanayake and not General Fonseka]. This may be a reason why General Fonseka never declared a “Conflict of Interest” as he never functioned as the Chairman of the Tender Board.
In purchases like this, which comes under Section 2.7.3 (g) security consideration to obtain the best equipments for the Army to fight the LTTE terror, the TEC should have adopted the best possible steps to eliminate the unsuccessful tenderers according to my personal opinion.
Using the powers vested on the TEC under section 2.8, even the TEC have taken WRONG decisions the Chairman of the Tender Board or the Consultants have no powers to reject the TEC decision as they are appointed on the recommendation of the line Ministry by the NPA.
Unfortunately these NPA guidelines never even wrote a single line to explain how to procure Military Equipments at the height of this war in 2003/ 2005/2006. This omission shows how these pundits created such a vast lot of ambiguities and inconsistencies in these guidelines.
CHAPTER 2
INSTITUIONS, PROCUREMENT COMMITTEES AND THEIR FUNCTIONS
Section 2.2 – Secretaries to the Line Ministries
2.2.1 The responsibility of Procurement Action shall be vested with the Secretaries of the respective Line Ministries, who are DEEMED TO BE THE Chief Accounting Officers of such Ministries.
The secretary of the Line Ministry i.e. The Ministry of Defence Mr. Gotabaya Rajapakse , as the Chief Accounting Officer is responsible for any procurements in any branch of the Defence services. So why Gotabaya Rajapakse, Secretary of the Ministry of Defence who appointed the TEC and the CATB and was responsible for the procurement process as the Chief Accounting Officer never took the full responsibility for these procurements? WHY?
Powers vested on Committees
Section 2.3.2 of Chapter 2 of the Guidelines state that Officer –in -Charge of Procurement Action such as Heads of Departments (Army Commander is under this category) and Project Directors, together with the assistance of the Procurement Specialist, Consultants and other staff shall be responsible for Procurement of Goods, preparation of invitation for pre-qualification and it is submission to the TEC for review and approval.
[Director Plans at Army Headquarters who acted as the Chairman of the Tender Board is in accordance with this clause]
Section 2.7 - Composition of Procurement Committees (PC) and Cabinet Appointed Procurement Committee (CAPC) – Under delegated authority by the Cabinet of Ministers, the NPA (Now the Treasury Finance division) shall appoint CAPC to undertake high value procurements.
Section 2.7.2 - (a) In extraordinary situations, a Ministry may submit a Cabinet memorandum specifying the special circumstances, which requires a deviation from the general procurement proceedings in order to meet such situations, and shall seek Cabinet approval to appoint a SACP including the limits of procurements. [All Defence procurements came under SACP]
Section 2.7.2 (b) –The TEC for such SCAPC shall be appointed by the NPA (now Treasury Finance division))
Section 2.7.3 – SCAPC may justified where: it covers 8 divisions and the most important ones are (a),(b) and (g) security consideration warrants it.
Section 2.8 - composition of the Technical Evaluation Committees (TEC).
Section 2.8.1 (a) – There shall be a TEC’s for all procurements ………………
Section2.8.1 (b) - TEC’s should consists of subject specialist/s and at least one member who is sufficiently knowledgeable on procurement procedures.
Section2.8.1 ( c)- A TEC where necessary may obtain expert advice from external members…………………..
Section 2.8.1 (d)- A TEC may also obtain assistance for drafting bidding documents and evaluation of Bills from EXTERNAL Consultants who shall be guided and directed by the TEC.
[This is the most controversial, section of these guidelines. A Consultant who handles the Documentation and other aspects of the Procurement Process and paid a hefty fee for the service is now place under the TEC members who has very little knowledge about procurement of major projects and get paid Rs. 3,500/= for the work]
A very good example of how these ambiguities and inconsistencies were well demonstrated was when the NPA appointed the TEC for the Procurement of the Rs. 4 billion Customs Building in Colombo Fort, the largest Construction procurement process ever handled by the GOSL.TEC consist an Engineer (Deputy Director) from the Building Department, another Engineer (Director) from the ICTAD and another Architect (Asst Director) from the UDA. Other two were Customs Directors.
I prepared the Bidding Documents for this project and the TEC changed one of the pre-qualification conditions that I included. Due to that changed we were left with TWO Contractors for to BID for the largest construction project ever undertaken in Sri Lanka. Normally in western countries at least EIGHT (8) Major contractors will be short listed for such a big contract. I discuss this with the Director General of customs and wrote to him but he didn’t want to go against the TEC as it was appointed by the NPA. This happened as the Section 2.8.1 (d) has empowered the TEC to override the PC and the Consultants. The government of Sri Lanka (Customs Department) may have lost a very good opportunity to have a very healthy competitive bidding process and to save at least (in my opinion) Rs. 500 million from that contract. If we follow this 2nd CM verdict then we must prosecute the (former) Director General of the Customs for this lapse of the TEC as he was the Chairman of the TB? So the NPA failed to appoint a subject specialist under Section 2.8.1(b) and the whole process failed.
LANKA LOGISTICS
I hope this may help you’re Excellency to understand that all procurements carried out by the Ministry of Defence were flawed as The NPA Guidelines were never adhered to by the Defence Secretary, the Chairman of the Lanka Logistics or General Manager of the Lanka Logistic or the Legal advisers or the procurement specialists, may be due to the ambiguities surrounding these guidelines as well as of the legal status of the Agency.
If General Sarath Fonseka is guilty of corruption or fraud or Conflict of Interest then the same charges can be brought against the Lanka Logistics and the Commanders of the other TWO armed forces Navy and the Air Force, for procurement of all other arms under violation of the same guidelines. I am not including the Police Force as it can be covered under the same rules.
Procurement according to the NPA guidelines is a very long process. To procure any article or goods or equipments costing more than Rs. 3 billion, the Procurement Committees should allow more than 225 weeks. i.e. over 4 years. If one follows these guidelines then the purchase of Arms including fighter Jets MIG 27 and Ariel bombs for the Air Force, 32 mm Cannons, Fast Track Boats for the Navy, Ground Tanks and Rapid Fire Guns for the Army has violated the NPA guidelines and every one who sat in those Cabinet Approved Procurement Committees (CAPC), Standing Cabinet approved Procurement Committee (SCAPC) ,Ministry Procurement Committees (MPC) and Technical Evaluation Committees (TEC) should be charged for corruption or CM for fraud by violation or corruption. But, as these guidelines have no legal binding, we can simply say that it has no teeth to bite as such it is a waste of time to prosecute them.
Finally, please allow me to remind you’re Excellency, how a person discharged from the Army and confisticate his pension by the 1st CM can be punished again for crimes (he never) committed as the Commander of the Army. He is no more the Commander of the Army, who was responsible for these procurements when this verdict was delivered. Please consider these facts as this may become a double victimization of a person against the natural justice.
Yours Truly,
Sellakapu.S.Upasiri de Silva, JP,
Dip.St.Eng (CTC), Dip.QS.(Lond),P.Grad.Dip.Ed,(UTS),M.Proj.Mgt (UNSW), PhD, FRICS, MCIArb, MICostEng, MIPM;
Chartered QS, Chartered Project Manger & Procurement Consultant.
Sydney, Australia.
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30/09/2010
De : tomwije@yahoo.com
Envoyé : jeu. 30/09/10 18:48
À : deshapremiya@yahoo.com via ( francoeurope-srilanka@hotmail.fr )
Please Circulate
Sri Lanka's A day of gloom
Mrs Fonseka Waiting For The War Hero At Welikada (30.09.10)
--- On Thu, 9/30/10, Sanath de Silva <sanathdes@gmail.com> wrote:
Dear friends,
I am so sad and outraged about the decision made by the dictator Rajapaksa of Sri Lanka to impose a prison term on General Sarath Fonseka, the man who was single-handedly responsible for planning and executing the victorious war to liberate our motherland from terrorism. Having known him for well over 40 years, it is extremely difficult for me to come to terms with this travesty of justice and I can empathize with the pain Anoma, Apsara and Aparna have to deal with right now. I wish them strength and promise them that we shall never give up our struggle to free him.
From the way the military tribunal was appointed with chosen lap dogs and the shameless way the proceedings were conducted, it was clearly evident from the very inception that they had already resolved to lock him away. So this decision has not come to him or to us as a shock.
I am writing this letter to appeal to our masses - in Sri Lanka and abroad, to unite to pressure international elements to force the regime of Sri Lanka to release General Sarath Fonseka and to ensure Sri Lankan citizens enjoy other freedoms such as freedom of press, freedom of expression, freedom of assembly as enshrined in our constitution. You may have different political beliefs but all of us aspire for fundamental freedoms and dignity so we do have a common ground to unite. In a democracy, even if we disagree with the opinion of another, we should respect the other man's right to express that opposing view. When that right is denied, we should know that democratic rights have been eroded. That is what has happened to Sri Lanka today.
While the true hero is incarcerated, the president who was an integral part of CBK government that came out with various peace packages to appease the LTTE terrorists and also while assuming duties as the president, thanks to Ranil Wickramasinghe for signing the CFA is trying to portray himself as the real hero! A man who left the battle field for the safety of Sri Lanka at the Sri Lanka's hour of need is our Defence Secretary today and has politicized all forces and shamelessly claiming credit for the victory. Why could not they do it when MR was the Prime Minister of the country and why could not he even suggest the path to victory if he knew how to do that as we could have finished this long ago?
Above are the issues I want you to critically examine without looking at them with partisan views. We are open to criticism and your views are welcome.
I have a few requests for our enthusiastic expatriates. We often get suggestions and proposals without proper participation. If you need to do anything against this regime, please take the initiative and we will help you and participate as long as your actions are lawful in this country. From my New York experience I know that there is a large segment of people who are disgruntled with the Sri Lanka mission because they have been sidelined and not received invitations to the festivities organized by the Sri Lankan mission. Mission should launch a public relations campaign to harness such people as we do not need their pressure as their motives are different. We need real men and women, who understand the gravity of the situation in Sri Lanka! We need DOERS and not just TALKERS. We need participants more than advisors.
For us the battle has just begun and we will not rest until democracy in Sri Lanka is restored and General Sarath Fonseka is freed. This may look like a gigantic task now but let us take strength from those heroic Iranians and Burmese who defied tremendous odds to stand up against the dictators of Iran and Burma and their dictatorial regimes. History shows us that dictators and their monolithic structures crumble faster than we think.
Let us unite and let us regain our country so that our beloved motherland Sri Lanka will once again stand proudly among civilized nations in the world!
Sincerely,
Sanath de Silva
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Envoyé : jeu. 30/09/10 18:48
From: maghasdissa@hotmail.com
Subject: FW: Gen. Sarath Fonseka
Date: Thu, 30 Sep 2010 13:56:17 -0400 ( francoeurope-srilanka@hotmail.fr )
FW: Gen. Sarath Fonseka, (A lion caged by hyenas )
It is a sad day and a black mark in the entire history of Sri Lanka.
President Mahinda Rajapakse upon his return from a failed multi million dollar visit to UN Summit in US , had shown to the entire world that the majority of Sri Lankans who are called Sinhalese are not a hybrid of a woman and a lion as the Mytho-Historical epic Mahavamsa exaggerated, but a crappy third grade mishap in a bush in ancient India where a great civilization Mohenjo-daro, now being slowly unscrambled and unearthed by historians, archeologist and anthropologist from all over the world since the last century.
What is so degrading is, not that the modern day Sinhalese can’t accept the fact that this hybrid crap of Mahavamsa couldn’t have ever occurred according to modern science, but Rajapakse’s undemocratic act giving a new interpretation, , that Sinhalese are a product of a Hyena who already had being carrying some Donkey genes with a frustrated homosapien female in the wilderness of ancient India contrary to the common belief . (I have to give credit to a fellow Anandian and a class mate of mine who is a Scientist living in USA for reminding me not too long ago that a donkey gene is also imperative to make a Sinhalese of Rajapakse Caliber and his followers )
However , there is a lionhearted man among the Sinhalese who wanted to give the true meaning of being one of those Sinhalese, which the mytho-history had exaggerated but had adopted the philosophy of Buddha three millennia ago. This lion had sacrificed his entire life to this land apparently blessed by Buddha too , to protect it’s composition unimpaired and undiminished .
In Contrast to those Hyenas like Gotabhaya who ran away from their duties of protecting our land to save only their dear lives , this Lion not only stood up against every obstacle he faced with brevity but delivered the ultimate result every decent citizen of our country had quested for, by defeating Terrorism .
Unlike the bogus attempts of Rajapakse brothers , this lion does not have to show the bodily scars of his sacrifice he sustained in liberating this land from terrorism , but his entire carrier is already being carved in to hearts and minds of millions of Sri Lankans as well as in archives of contemporary history , including military history of the world , irrespective of the Rajapakse rogues desperate attempts to erase his sacrifice from monuments erected to salute our brave Soldiers, nor by the verdicts of unconstitutional Military /Kangaroo Tribunals of Rajapaksa .
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No hybrid of Hyena +Donkey +Homosapien + Tsunami fund misappropriate or this Mahamulana breed of cheap rogues can subjugate democracy in Sri Lanka for ever.
As a nation, our progress in this 21st century as Sri Lankans defeating LTTE Terrorism ( thanks to military geneious of Gen Fonseka,) and facing the challenges of global recession, ethnic or religious conflicts , do not depend on protecting Rajapakse hypocrisy and dictatorship creating another ruthless dynasty of kings, which the entire world had suffered through out the history of man kind, but only by establishing the constitutional rights of every individual citizen of our country adhering to the concepts of Democracy we had been building as human beings for thousands of years since the time we humans started to think beyond hunting and copulating for survival.
This is where I do not hesitate to say that Gen Sarath Fonseka had become a lion and an icon of Patriotism and Democracy in Sri Lanka..
What a shame that Sinhalese had become so ungrateful, allowing their votes to be robbed to give powers to Rajapakse rogues to cage this lion who had eradicated ruthless Terrorism in Sri Lanka bringing a dawn of peace the country had not seen for three decades!
I endorse views of Sanath de Silva of the need to establish democracy in Sri Lanka for the betterment of every individual of our country irrespective of their ethnicity , language, creed , cast or social status, and to fight against Rajapakse Dictatorship and corruption as well as for the fundamental and Democratic Rights of Gen Fonseka the utmost War Hero of our nation Sri Lanka ,in every democratic and civilized means .
Thank you all ,
Magha Dissanayake
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De :Mano Banduwardena (manob@hotmail.com)
Envoyé :jeu. 30/09/10 08:06
À : ( francoeurope-srilanka@hotmail.fr )
FW: Know our own traitors!
We just heard that the nincompoop president of Sri Lanka has confirmed the sentence recommended by the rogue military tribunal to be imposed on General Sarath Fonseka. The allegations were fabricated and there was no evidence against General Sarath Fonseka. He was not permitted to summon witnesses. The members of the military tribunal were rogues and some of them had close connections with the LTTE.
We request the patriotic Sri Lankans to STRIKE BACK AND STRIKE HARD at these perpetrators of injustice when ever the opportunity arises.
NEVER FORGIVE THEM FOR THEY ARE TRAITORS! Sanath de Silva
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De : Mano Banduwardena (manob@hotmail.com) Envoyé : jeu. 30/09/10 08:03 À : ( francoeurope-srilanka@hotmail.fr )
Please Circulate
Before too late
Time to STOP the Next HITLER
"First they came ..." attributed to Pastor Martin Niemöller (1892–1984) about the inactivity of German intellectuals following the Nazi rise to power.
They came first for the Communists,
and I didn't speak up because I wasn't a Communist.
Then they came for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.
Then they came for the Jews,
and I didn't speak up because I wasn't a Jew.
Then they came for me
and by that time no one was left to speak up.
Mano Banduwardena
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RE: Urgent Please Come All Together For Help Our Motherland
Thank you AHFESL behalf of true mother country loving people for this gesture.
We all should condemn the "verdict" against General Sarath Fonseka which has just been approved by the President Rajapaksha.Under the undemocratic and inhuman path towards a dictatorship by the Sri Lankan President and his brothers surround with traitors . It also emphasizes how the LTTE leader Kumaran Pathmanadhan,colonel Karuna,Daya master,..and so, are treated with honor of diplomatic relations given luxurious facilities off the money of Sri Lankan tax payers money,while the other arrested members or the sympathizers of the LTTE were being assassinated or being imprisoned without a proper trial.
We should also condemns this unlawful imprisonment of war winning former military chief retired,Sri Lanla's only 4 star General Sarath Fonseka who gained the highest percentage of votes in Colombo at the recent parliamentary election shows us the contradictory way of handling politics in our country to stay in power by any means by the undemocratic rules of the dictator Rajapakshe and his brothers.
Now the time has come for all Sri Lankans and it's forces to stand against undemocratic activities of the Rajapaksha regime.
Mano Banduwardena
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President signs military court decision to jail Gen. Fonseka : 30 months RI – Request of Mahanayakes kicked into garbage bin by Mahinda
(Lanka-e-News, Sep.30, 2010, 12.40PM second edition 10.05PM) The President Mahinda Rajapakse has yesterday (29) signed ratifying the judgment delivered by the second military court to send former Army Commander, celebrated war Hero and patriot General Fonseka to serve a sentence of two and half years in jail.
The President returned to the Island yesterday after being away to attend the 65th UN assembly.
The Ven. Mahanayakes had addressed a letter signed by all the Prelates to the President requesting him to give the General a pardon taking into account his yeoman service and patriotic contributions to the country disregarding his alleged wrongs, if any the General has committed.
The military Court passed a three year jail sentence judgment against the General in the HiCorp case where he was indicted for favoring the Hi Corp Co. allegedly belonging to his son in law Dhanuna Thilakaratne when passing a tender for the purchase of equipment for the Army, when General Fonseka was the Army Commander and the Chairman of the Army tender Board.
General Fonseka acted as the Chairman of the tender Board by virtue of his official position as the Army Commander.
The panel of judges of the second military Court were, Major General M P Peiris (President) Major General S W L Daulagala, Major General M Haturusinghe while Rear admiral W W J S Fernando was the Court advocate.
General Fonseka is the leader of the political party DNA, and is a Colombo District M P. As he was obstructed to attend Parliament on several occasions, the Opposition pointed out that those obstructions constituted a breach of privilege., the Speaker gave an order that he should not be obstructed from attending Parliamentary sittings and meetings. Meanwhile the judicial Court too had given an order that the General shall be allowed to attend Parliament without any hindrance, and every facility should be provided to him towards that end.
In the first military court, Fonseka who was indicted for participating in politics while he was in the service of the Army, it was decided that all his official positions he held and the privileges including his pension rights he enjoyed be officially divested.
The judgment of the first military court was ratified by the President on 14th August. The cruelest irony of all this is, the very Govt. which extolled him and celebrated his war victory (defeating the world’s deadliest terrorists after a 30 year war) has deemed it fit to mete out all these punishments to him on flimsy grounds on judgments based on controversial courts alleged by legal experts in the country as illegally constituted.
It is significant to note that soon after the war was won by General Fosneka, the very President Mahinda Rajapkse who has ratified the jail sentence yesterday proudly announced to the world that he is the greatest war Hero ever.
Major General Ubaya Madiwela speaking to the media over the President’s ratification of the decision of the second military court said , Gen. Fonseka was found guilty on all four counts on the charges filed against him of not adhering to the tender procedures when awarding a tender for purchases of equipments for the Army when he was the Army Commander and the chairman of the Army tender Board.
Fonseka was sentenced to 30 months rigorous imprisonment which was ratified by the President on the 23rd as the Commander in chief of the forces. This case was filed based on four charges of degrading conduct while in the Army under Section 109 E of the Army Act .
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Gota‘s prophecy ‘General shall be hanged’ –is this the first step towards that? We will launch a massive protest campaign against this in SL and world wide –Mangala
(Lanka-e-News, Sep. 30, 2010, 10.15PM) President Rajapakse who returned to the Island yesterday night (29) after a tour of the UN spending multi million rupees out of the dwindling coffers of a poverty stricken SL on a jumbo delegation he took along with him, as the first thing he did in the performance of his official duties was ratifying the military court decision to sentence Gen, Fonseka to 30 months rigorous imprisonment. The cruel irony of this action is, it was this same President who acclaimed and applauded Gen. Fonseka as the greatest war Hero in the world after he comprehensively defeated the LTTE terrorists in a 30 year old war. The UNP media unit chief and MP Mangala Samaraweera addressing a media briefing today (30) at the UNP media unit made these announcements.
Samaraweera said, the UNP roundly condemns this sentence, and will be launching protests against this in SL and abroad.
The President who won the Presidential elections under suspicious and dubious circumstances, and when a Presidential election petition has been filed by his rival Gen. Fonseka and is pending against the President, the latter is abusing all his powers violating the laws of the country and the traditions. Fonseka was tried before the military court as a suspect when the lawyers of the defense had argued that the judges of this court were acting like Rajapakse family’s officers. This whole exercise of military proceedings and the sentence was a manipulation and the result of a cold calculation of the Rajapakses from the very outset to jail Fonseka, he noted.
When the military court conducted proceedings on the 6th April 2010, the lawyers for the defense in their report showed that all the judges of the panel were either close friends or stooges of the either President or Defense Secretary Gotabaya Rajapakse. It is well to recall how Gotabaya told he would see that Fonseka is hanged when he gave an interview to the BBC. Is this the first step of the Govt. taken to achieve what Gotabaya promised? Samaraweera asked.
At the very beginning, Fonseka had questioned the integrity and the impartiality of the judges appointed to the military court. The President of that court, Major general Malinda Perera is the present Army Commander’s brother in law. When Fonseka was the Army Commander, this individual had disciplinary proceedings against him on charges based on his rectitude and honesty. He was also one who had been charged for providing misleading information to the military court and to Major General Parakrama Pannipitiya.
A member of the military court, Major General S W L Daulagala is a bosom friend of Gotabaya. Fonseka had told that when he was the Army Commander, Daulagala had requested Fonseka to appoint him as the commanding officer of the Gajaba regiment. Major General Haturusinghe was appointed as operations officer, Colombo on Gotabaya‘s instructions while Fonseka was the Army chief. Moreover, Haturusinghe had collected monies monthly from the LTTE according to what the LTTE suspect who ran a shop in the Liberty complex declared when he was arrested.
Thus, Gen. Fonseka has been found guilty by a court comprising judges who have been charged with most grievous and serious crimes. In other words judgment has been delivered on a patriot by a group who have committed treason and felonies against the country, he pointed out.
Following this judgment the entire nation and the international community are entertaining doubts as to the legal processes in SL and the judgments delivered without a proper legal base.
The UNP will launch a vicious protest campaign within SL and abroad against the judgment delivered against Fonseka, Samaraweera emphasized.
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Fan and bed taken away from the cell before General is brought in there –General has to sleep on the mat
(Lanka-e-News, Sep. 30, 2010, 10.15PM) Acccording to sources within the Welikade prison, Gen. Fonseka the former Army Commander, DNA leader and Colombo district M P who was sentenced to 30 months rigorous imprisonment by the second military court and which sentence was ratified by he President is to be placed in a cell in the Welikade jail.
This cell where Wijaya Kumaratunge was imprisoned on naxalite charges during the JR Jayawardena Govt. had two fans and a bed a few days ago. These facilities were provided to former Colombo district MP Chandana Kathriarachi who was in that cell on murder charges.
Prisons sources say, when there was information that Gen. Fonseka was going to brought to this cell, both fans and the bed had been taken away.
The same sources said , that when Gen Fonsek a is brought to the cell this evening he will have to sleep on a mat as the bed has been removed along with the fans.
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The un-masking of the traitor who decided to send a patriotic hero to jail –hurtful truths against the hateful traitor revealed
(Lanka-e-News, Sep.30, 2010, 11.15AM) General Sarath Fonseka who was applauded and acclaimed as the greatest Army Commander by the Govt. the President and the World is today being subjected to the worst of prosecutions and persecutions by the Rajapakses, all because he contested as the common Opposition leader according to Democratic traditions at the last Presidential elections against President Rajapakse.
Judgments are being dispensed against him practically daily which would make even the King Kekille to turn in his grave. To dispense these judgments and to carry out atrocities, a group of officials and officers who eat the crumbs falling off the sumptuous tables of Rajapakses had been appointed whose whole time occupation is fawning on the Rajapakses and serving as their lackeys. The case against a war Hero, a five star General is being heard by a junior panel of officers of ‘yesterday’ who had been given promotions so that they would be more loyal to the Govt. and less to the laws and the justice they ought to implement.
The judgment against Fonseka was delivered by the chief of the judges panel of the military Court, Major General Mahinda Haturusinghe. As his name ‘Haturu’ (enemy) suggests, he has only strived to live up to this despicable name, and not to maintain the dignity and decency of his official position. My article herein is trying to explore whether ‘Haturu’ singhe has ever done any good to anybody, when and where, if any in his putrid antecedence, whereby the public can become aware as to what type of individuals held positions in the judges’ panel of the military court.
Let us commence from the period of the 1988-89 insurgency. In the cold blooded murder of 32 innocent students, the name Mahinda Haturusinghe as the Captain in the Army during that period has been implicated. Because the names of the Army officers who were held in custody were not disclosed these students were gruesomely murdered by Haturusinghe who was in charge of a Company in the Sevanagala Army camp. Over 100 statements were recorded by the CID alone against the multiple murders committed by Haturusinghe. These statements were recorded by the then CID Police Inspector Mahesh Perera who is now a senior S. P.
Later on, as Army Brigadier Haturusinghe was the chief of the joint operations command in Colombo. The white Van ruthless abductions and murders which commenced mysteriously coincided with his appointment.
When he was a Brigadier, he was for a while, the chief Commander of the Artillery Brigade. An intriguing incident during this period merits exposure. A Board was appointed to send a team for inspection and import of bullets for rifles and multi barrel guns during the Eelam war. A brother of Mahinda Saturusinghe was appointed to this Board. He was Nandana Huturusinghe, a Lieutinent Colonel. He was appointed through the influence and powers used by Mahinda Haturusinghe as the chief Commander. This team left for Ukraine and China for the inspection and recommendation of artillery for SL. It was Nandana Haturusinghe who had finally decided that the SL requirements shall be made imported from Ukraine, and an Officer of the Ukraine Company be invited to SL.
After this Ukraine officer arrived in SL, he was met at the Lakeside Hotel in Colombo, by Nandana Haturusinghe. After titillating the officer’s palate with the choicest black label whisky, Haturusinghe had demanded a kickback of 30 million rupees from the foreign officer to successfully close the deal. The Ukraine national officer who was startled by this bribery demand had complained to the Army. After an investigation Nandana Haturusinghe was interdicted from his Army post.
Brigadier Mahinda Samarasinghe the brother of the culprit had become worried and panic stricken over the punishment meted out to his brother, and had requested Defense Secretary Gotabaya Rajapakse to consider a relief for his brother. Gotabaya has advised him as the investigations are concluded, the only relief that can be sought is through an appeal to the judicial Courts. Since that time, Mahinda Saturusinghe has become the unofficial ‘contractor’ for the Rajapakses’ hired contracts.
It was during that period a lot of abduction and attacks including that of Keith Noyahr of the ‘Nation’ newspaper occurred .It was thereafter, it became exposed that Mahinda ‘Haturu’ singhe was performing duties as an enemy (‘hatura’) of the nation. The following chain of incidents bear out this truth: Mahinda Haturusinghe has had very close and cordial relation s with a frontline LTTE terrorist Parbahakaran alias ‘majestic Prabha’who had been masquerading as a trader in the Majestic shopping complex .Two electronic parts shops, No. 26 and 27 in the 3rd floor of the majestic city had been run by Majestic Prabha. Mahinda Haturusinghe has even collected cash from the LTTE via Majestic Prabha. While Haturusinghe was paid a monthly sum of Rs. 30,000/- for his vehicle by the Govt., he had also collected another Rs.30,000/- monthly from Majestic Prabha. Following the arrest of Majestic Prabha, all these facts were disgorged by him.
According to reports, It was Mahinda Saturusunghe who had used his influence with the Defense Ministry to bring down LIeutinent Colonel Ranjith Perera to Colombo who was in custody in Jaffna for treason for his involvement in supplying information to the LTTE.
Moreover, Mahinda Saturusinghe who was only a Brigadier at that time was selected for the National defense Academy course which awards the highest qualification for an Army officer, on the instructions of Gotabaya Rajapakse.Only Major Generals are selected for this course as a rule and practice in India, China and America, the main countries. Yet, on strong directives of Gotabaya, Mahinda Saturusinghe had been chosen. This is a further confirmation that the Rajapakse brothers will care two hoots for the hallowed traditions and laws of the country when they do not serve their selfish purpose. Laptop gift from Majestic Prabha
A few days before Mahionda Haturusinghe was to leave for Philipines, Majestic Prabha has visited the office of Mahinda Huturusinghe situated in the High security zone. Haturusinghe had introduced Majestic Prabha to Brigadier B A Perera, the Commander of the 112 Brigade who was to take over the duties of Haturusinghe when he is abroad. He had instructed Perera to provide Majestic Prabha with whatever facilities and comforts Prabha requests, while saying ‘machang, he is a nice fellow’ pointing to Majestic Prabha.
But, Perera (now, 53rd Army Commander) who is more loyal to his official duties had replied, machang his name is loathsome to me. To me he looks a double agent. Hence, there will be no transactions between him and myself. Later, when Majestic Prabha tried to meet Perera on several occasions, the latter had not responded. Majestic Prabha has invited Perera for so many functions including SSC club functions, Hilton Hotel dinners and others.
To Mahinda ‘Haturu’ singhe who was leaving for Philipines, it was Majestic Prabha who had supplied all the books, clothes and a Laptop computer. Mind you all these were received as gifts from a LTTE spy by a SL’s so called patriotic Army chief still going strong with Govt. backing.
Friends of the traitorous foe When this Haturusinghe who is a bosom friend of the deadliest foe was in Philipines, the Govt. intelligence unit took majestic Prabha into custody. That was on the 20th of March 2009. When he was interrogated for a long time, he had confessed to having ties with Mahinda Haturusinghe. After the Govt. intelligence division informed the Army intelligence unit of these disclosures, the Army intelligence unit chief Major General Amala Karunasekera questioned Majestic Prabha, the LTTE spy, when it was confirmed that the latter has indeed had close ties with Mahinda Haturusinghe.
Amal Karunasekera had then forwarded a report thereof to the Army Commander at that time, General Sarath Fonseka. After it was confirmed that Haturusinghe did have connections with a LTTE spy, it was directed that Haturusinghe be brought back to Colombo immediately from Philipines and placed in custody. Letters regarding this and about a disciplinary inquiry being conducted against him and due punishment being meted out to him was forwarded to the Defense Ministry. It is a mystery that the defense Ministry has so far not taken any action in pursuance of these directives. Doesn’t this make it abundantly clear that the country’s defense Secretary is much more concerned with the security and protection of Haturusinghe than the country’s ?
Following the end of the war when all arrangements were made to appoint a military court to try Haturusinghe who came back to SL, Army Commander Fonseka resigned his position and was appointed as the chief of the defense staff. Mahinda Haturusinghe who returned to SL was, instead of being punished was appointed as the Commander in chief for Jaffna. Such an appointment was a flagrant breach of the Army regulations. Moreover, for such an appointment as the Commander in chief, Mahinda Haturusinghe should have served as a Commander in chief for a division at least for two years. Haturusinghe did not have such a qualification. Was Haturusinghe exempted from this indispensable qualification because he is a servile crony and lackey of the Defense Secretary ?
Finally, it was this dastardly degradingly sordid individual who has been appointed as the chief of the panel of judges to hear the trial of General Fonseka in the military Court. Therefore no matter what evidence is produced in such a court by the General Fonseka in his defense, the decision of this illegal court necessarily has to be one which would put Kekile King too to shame. Of course, the injustice meted out to General Fonseka and the unjust judgment against him were foregone conclusions in such a manipulative and atrociously designed Court.
It was such a court conducted by traitors which delivered a judgment recently to send a patriotic Army Commander to jail. Of course, people could not have expected anything better from such a Court. But, the worst treason committed by a nation is when it stands idle and watches these injustices being perpetrated by traitors before its own eyes. -By Sandaruwan Senadheera-
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Four Ven. Mahanayakes write to President urging him to release Fonseka
(Lanka-e-News, Sep.29, 2010, 10.35PM) A letter signed by the Ven. chief incumbents of all the Nikayas requesting the release of former Army Commander General Sarath Fosneka had been forwarded to the President.
The Buddhist Prelates have expressed in the letter that even if Gen. Fonseka has committed a wrong, considering his yeoman service for the country and the patriotic sacrifices he made, the General shall be released.
Ven. Tibatuwave Sri Sumangala mahanayake Thero of the Malwatte Asgiriya Maha sangha sabha, Udugama Sri Buddharakitha Maha Nayake of the Asgiriya sabha, Duvaldena Sri Gnanathissara mahanayake of the Amarapura maha sangha and Wevel deniye Medalankara mahanayake of the Ramanya maha sangha have together made this request in their letter which was posted to the President under registered cover.
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World's State Leaders sideline and give the cold shoulder to Rajapakse: over a 100 were invited by him, only one leader attended the Reception Something unprecedented in America
(Lanka-e-News, Sep.29, 2010, 10.35PM) According to the Lanka e news correspondent in New York, because the front line leaders of the other countries gave the cold shoulder and sidelined the President of Sri Lanka (SL) giving him a two penny half penny regard when he attended the 65th assembly of the United Nations in New York, the former good image of SL had been tarnished.
This was well illustrated when, over 100 State leaders were invited to be present for a convivial party there organized by the President as SL’s head on the 24th, only a single State leader attended the party. That solitary leader who attended that function was the Iran President Mohomed Ahmadinijad who was allegedly elected on election malpractices and vote rigging. Even he had stayed only 3 minutes at the function. Among the so many diplomats of the countries of the world, only 8 of them had graced the occasion. What was most disappointing was, even the Diplomats of the so called friendly countries, India, Pakistan and Bangla Desh have not attended the convivial gathering.Though the Foreign Ministers of India, Pakistan and the State leader of Bangla Desh had participated at the function, the conviviality and cordiality for which the function was organized, sadly had not been there. This was the first time SL faced such a humiliating and degrading situation at the UN, reports say.
There were over 500 invitees. Among them were over 100 State leaders invited. But finally that much hyped and hoped for party organized for the State leaders, ironically, turned out be not a party with the participation of State leaders, but rather a party of Rajapakse henchmen, stooges, cronies and lackeys, including those running ‘sex shops’ and those linked to Mafia Organizations in New York. Not a single member of the Organization, united Sri Lanka was invited, reports say, though this Organization had in the past helped SL immensely. The most ludicrous part of the event was the time wasted by Rajapakse on taking photographs. There had been a long queue to take photographs with the President.
At the poorly attended function too, the President has like in his jumbo delegation shown his proneness for exhibitionism and wasteful extravagance at state expense. He has spent country’s money much more lavishly even in excess of Obama. Obama‘s conviviality party was held at ‘National History museum’ in New York which is not much of an expensive venue. SL President has had his ill attended party at the super luxury ‘Waldorf Astoria’ Hotel in its most expensive ‘Empire Ballroom’ Hall. It was very unfortunate that SL President who spent poverty stricken SL’s precious funds most lavishly towards making a grand function was most poorly attended with only one State leader being its guest, whereas, the much richer country’s President Obama expending less on the parallel conviviality function had a Hall full of State leaders and VIP guests gracing the occasion. The President who was unfortunate with organizing his own function which flopped miserably, was also unfortunate to be present at Obama ‘s function to witness its tremendous success, according to reports.
It is learnt that the cold shouldering of Mahinda Rajapakse by State leaders of other countries was not confined to Rajapakse’s conviviality party alone. Even at the UN State assembly sessions, Rajapkse was sidelined. Though he had made a scramble to be in the front row for photographs, the leaders of the Democratic countries had not given him a place. When all State leaders met UN Secretary General Ban Ki Moon, SL had however experienced tremendous obstacles to get an appointment, sources say. After moving heaven and earth, at last he had been able to pose for a photograph with a few leaders, they are ,Jamaican, Hungary and Turkey, the countries which are of no consequence to SL.
When the President addressed the assembly, he had committed a blunder. AState leader, before he addresses the assembly sits in the cubicle meant for him behind and not among his group. But, Rajapakse has instead sat in the front row reserved for his group. A n officer attached to the United Nations who had seen Rajapakse blundering has immediately gone forward and led him to the State leader’s cubicle.
All State leaders were allowed two speeches. One was, about how to eradicate poverty by 2015; the other was the addressing the main assembly. President Rajapakse had to witness a most unsavory spectacle at this juncture: when he was making his first speech in the morning of Wednesday the 22nd, there had been no officers at State level in the front seats. Besides, a majority of the seats were empty. But, in contrast, when Obama started speaking all the seats were occupied and the Hall was spilling over with crowds. They had even to keep standing when listening to the speech. On the second day too, President Rajapakse had faced the same or even worse disappointment. The Hall which was filled to capacity with crowds, some even standing as a result of the overcrowding when Obama was delivering his speech, had suddenly turned empty when Rajapakse began his speech.
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Second military Court finds Fonseka guilty: punishment announcement later
(lanka-e-News, Sep.17, 2010, 11.50PM) The second military Court today (17) found former Army Commander General Fonseka as guilty of the charges filed against him of violating the Tender procedures when purchasing equipments for the Army when he was the Chairman of the Army tender Board.
The Army media spokesman Major General Ubaya Medawala told Lanka e news that a subsequent announcement will be made with regard to the punishment that shall be meted out to him. The decision will be conveyed to the President. After the latter signs and ratifies the decision as the Commanding Chief of the Forces, the court will announce the punishment, he added.
The maximum punishment the military Court can give in a case as this is 3 years in jail.
The Lawyer for Gen. Fonseka, Rienzie Aresecularatne said in open Court when it met yesterday (16) that he is not going to make any concluding pleas requesting mercy or justice on behalf of his client, because he and his client have no faith in the proceedings conducted by the military Court nor in the panel of judges.
Gen. Fonseka’s stance had all along been that he does not repose faith in the Court proceedings or its judges; and he does not expect the military court to dispense justice fairly and justly in respect of him. He also repeatedly stated that this military Court was commenced solely and wholly with the aim of assassinating his political character and to jail him.
When the Lawyer for the accused handed over the summons to the judges yesterday to summon Asoka Thoradeniya the witness for Fonseka, it was rejected by the judges, perhaps because they had already decided on this judgment.
Even the request by Fonseka’s lawyer yesterday, to give him time until 20th to furnish evidence in writing was rejected by the inquiring Judge Shavindra Fernando.
The judgment delivered in the first military Court against Fonseka was to strip him of all his official positions in the Army whereby he was deprived of even his pension rights.
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Non Violent Peace Force officer ordered to quit country: 5th officer in 3months so ordered to leave
(lanka-e-News, Sep.18, 2010, 8.45PM)
An American National Dan Hogan, the co ordinating officer for security in Sri Lanka of the non violent peace Force- a non Governmental Organization (NGO) worldwide championing the cause of the Media and their security had been ordered to quit the country by the SL immigration and emigration authorities before the end of September.
Hogan was the Security co ordinating officer in Vavuniya and Batticaloa. His application to extend his visa had been rejected by the SL Secretariat dealing with NGOs.
After the commencement of the office of the National confidential information investigation unit in relation to human rights and media security, Hogan is the fifth Non violent peace Force officer who had been ordered to quit within the last three months.
Because these officers of the non violent peace force in Sri Lanka are being sent out, the Organization is contemplating sending a member of the Commonwealth to SL.
In the ordinary circumstances, a Foreign officer of an NGO is issued a visa to be in SL for a maximum period of three years. In the case of Foreign officers of the NGO s supplying aid to SL, visas for periods more than three years is issued.
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Today might be a very sad day for all law abiding Sri Lankans
De :donotreply@sarathfonseka.com
À : francoeurope-srilanka@hotmail.fr
Envoyé : sam. 18/09/10 01:04 (01:04)
Today might be a very sad day for all law abiding Sri Lankans
Dear friends,
I know you all have been there with my father since the presidential election and have been watching closely as to what the government has been doing to him day by day. Things are said to become better with time but so far we are yet to see that day. However, I feel like the time has come to voice out. What are we waiting for? If we do not fight for democracy now, when are we planning on fighting for it?
My father is an icon as to what the dictators are willing to do.
However, he seems to still stand strong without bending to their will. He does not change parties or change his views just because the going gets tough. He believes that if going to jail is what it takes to bring the people their rights, then let it be so. Think about it, if it’s a normal political life he wants, why is he the only one suffering in jail? Why does he not just give in to what the government says? He wants a better tomorrow not just for him self but for all Sri Lankans. That is why he has decided to sacrifice his happiness for others.
We waited all this time hoping for a miracle to happen. But, if you don’t really stand by him now, the government will make sure you will never get the opportunity to do so.
So, please do what you can to save our hero. Even a small gesture might go a long way. He once promised a country free of terror and kept his word. He has once again promised a country that stays true to democracy. Therefore, give your assistance to him to keep his word.
Apsara Fonseka.
P.S - Below is an outline of what has happened on the 2nd court martial and what is likely going to be the outcome.
SECOND COURT MARTIAL OF GEN SARATH FONSEKA
GUILTY VERDICT TO BE ISSUED SEPTEMBER 17 AT 11AM
The government will proceed with this mockery of the legislature even though:
1. The government itself admitted that Hicorp was a lie created by them and that there
is no illegal involvement.
2. There is no evidence to suggest that Sarath Fonseka had an arbitrary hand in the
selection process as:
· All tenders were recommended by other officers
· All tenders follow a set procedure for selection
· All tenders pass through the Defence Secretary's company “Lanka Logistics & Technologies”, the sole procurement agency for all military equipment (Where Attorney General Mohan Pieris too sat on the Board of Directors)
· There have been no instance of any alteration of details by Sarath Fonseka (ex: quantities / specifications)
3. The Defence lawyers are not allowed to present their statements.
The courts have attempted to prevent a written submission by the Defence Council
Arsakularatne, so that no written submission is available in the official court logs for a
later appeal.
4. The Defence lawyers are not allowed to bring in their witnesses.
Maj Gen Thoradenity, a member of the Tender Board who was willing to come forward
and testify that nothing illegal happened has been rejected as a witness.
38 other such witnesses have also been rejected by the Prosecution.
5. The Defence lawyers are not allowed to contest the time of the trial.
Even though it happens at a time when they need to represent another trial in Galle.
The court will go ahead with the planned time of 11am for the trial, without the Defence
lawyers and are expected to give another guilty verdict.
This is the first time in history that such blatant disregard for the legal rights and procedures of
court is being shown by a Government and President.
Please say or do something! Protest in any way you can.
Once the legal system is corrupted as well - there is no protection for anyone in the nation! |
Court Martial Verdict against General Sarath Fonseka?
Today is going to be a very sad day for all law abiding Sri Lankans. The military court will deliver the judgement against General Sarath Fonseka, the man who single-handedly saved our nation. From the way the proceedings took place we are absolutely certain that the military tribunal will deliver a GUILTY verdict, although NOTHING HAS BEEN PROVEN. The worst is the shameless way the military tribunal conducted the proceedings. When the military court was requested by the defence to issue summons to Maj. Gen. Thoradeniya, the court denied the request by stating that THE PRESIDENT DID NOT WANT THE COURT TO DELAY PROCEEDINGS BUT TO CONTINUE WITHOUT THIS STAR WITNESS FOR THE DEFENCE. When time was requested until next Monday to hand over written submissions that was DENIED too. When the defence attorney requested for the proceedings to resume at 3.00pm as he ahs another court appearance scheduled at 10.00am the court DENIED that too making our NATIONAL HERO GENERAL SARATH FONSEKA to witness the judgement of the military court in the absence of his defence attorney. As independent observers and law abiding citizens we would like to pass our judgement on this military tribunal. It has acted as a shameless KANGAROO COURT and cannot except anything different from them tomorrow. WE APPEAL TO ALL SRI LANKANS AND THE CIVILIZED WORLD TO PAY ATTENTION TO THIS GREAT INJUSTICE COMMITTED IN A SO CALLED DEMOCRACY. THIS KANGAROO COURT IS NO DIFFERENT FROM THE KANGAROO COURTS OF IRAN AND BURMA. Now let us look at the structure of organization that established this military tribunal. The commander in chief of the military is the president. The second in command is the defence secretary who is the brother of the president. All Major Generals in the tribunal report to the president and his brother who openly declared his intentions to hang General Fonseka. The fate - promotions, decorations and post retirement benefits - of these tribunal members are in the hands of the President and his brother. On the other hand General Fonseka's fate is in the hands of these tribunal members. When the intentions of the President and his brother are clearly evident, how do you expect these tribunal members to act against the wishes of their masters. THROUGHOUT THE PROCEEDINGS THE TRIBUNAL MEMBERS HAVE BEHAVED LIKE LAPDOGS OF THE PRESIDENT AND HIS BROTHER, AND TOMORROW TOO THEY WILL BEHAVE IN THE SAME MANNER. WE KNOW THAT THEY WILL DELIVER THE VERDICT THAT THEIR MASTERS WANT THEM TO DELIVER. YOU ARE A DISGRACE TO YOUR UNIFORM! In closing let me state that the entire procedure was in violation with the "RULE AGAINST BIAS" which is a cardinal principle of procedural fairness per principles of natural justice. Procedural fairness requires decision makers - in this instance the tribunal members to: a) Not have an interest in the matter being decided, and b) Not appear to bring a biased or prejudiced mind to making the decision WHEN OUR BELOVED NATIONAL HERO GENERAL SARATH FONSEKA IS DECLARED GUILTY TOMORROW, YOU SHOULD KNOW WHO THE REAL TRAITORS ARE!
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Sri Lanka's constitutional amendment
Eighteenth time unlucky
Mahinda Rajapaksa’s new powers are unnecessary and dangerous
Sep 9th 2010
NATIONAL constitutions come in two main types. Some are prescriptive, enshrining freedoms, curtailing the powers of the state and generally hampering would-be dictators. Others, however, tend to the descriptive, and are often revised to catch up with changes that have already happened. Into this class can be put Sri Lanka’s 1978 constitution, this week amended for the 18th time, with unseemly haste.
The Sri Lanka described in the revised charter is not a pretty place. It is one where the forms of parliamentary democracy are preserved but the substance has become subordinated to almost untrammelled presidential power. With the opposition divided, his rival in the presidential election in January in detention and his popularity still high, President Mahinda Rajapaksa already seems monarch of all he surveys.
The amendment changes the constitution in two main ways. The first is to remove the bar on the president’s serving more than two six-year terms. First elected president in 2005, and then re-elected with a thumping majority in January, Mr Rajapaksa has in fact not even started his second term. But he seems to be settling in for the long haul.
As government spokesmen have pointed out, however, Sri Lanka’s voters will at least have the chance to turf him out in six years’ time. That is why it is the second change that is more pernicious. It is (such is the way of descriptive constitutions) to overturn the 17th amendment. This was an admittedly muddled attempt to curb the powers of the “executive presidency”, partly through a “constitutional council”. After the latest change, the constitution will both grant the president immunity and also give him final authority over all appointments to the civil service, the judiciary and the police. He is also commander-in-chief of the armed forces. Almost the only formal constraint on him—electoral considerations aside—is an obligation to show up in parliament once a quarter.
Sri Lanka, goes the argument of Mr Rajapaksa’s cheerleaders, needs a strong executive to seize the chances of peaceful development offered by last year’s victory in the 26-year civil war with the Tamil Tigers. But confusingly they also point to that victory—grasped with a ruthlessness that shocked many of Sri Lanka’s foreign friends—as evidence of the virtues of a powerful presidency. Indeed, whatever problems Sri Lanka’s political system suffers from, the weakness of the presidency, which is already directly responsible for over 90 institutions, is not one of them. Quite the contrary: Mr Rajapaksa himself, before he tasted its benefits first-hand, used to campaign for the abolition of the executive presidency.
His new vision of further strengthening the president’s powers has been greeted with an outcry from Sri Lanka’s liberals, but few mass protests. The public must feel bewildered by it all. The change was pushed through as an “urgent” parliamentary bill in under two weeks from the draft’s first appearance, thanks to Mr Rajapaksa’s recent acquisition of the requisite two-thirds majority. Such important changes should have been put to a referendum. Mr Rajapaksa might well have won one. But a campaign would at least have thrown the issues open to public debate and scrutiny.
Because he can
The only urgent compulsions facing Mr Rajapaksa and his brothers (two have senior jobs in his government and a third is the parliament’s speaker) are those of parliamentary arithmetic and personal popularity. Still basking in the glow of military and electoral triumphs, the president has done in haste what he knows he can get away with. That he has preferred to put the consolidation of his family’s power ahead of a sorely needed national reconciliation with an aggrieved Tamil minority is a decision Sri Lanka will repent at leisure.
Leaders
http://www.economist.com/node/16992141?story_id=16992141&fsrc=rss |
Please let the Sri Lankans know
Idi Mahinda-Amin is scheduled to address the UN General Assembly on September 23rd between 9.00am and 1.00pm.
Below are the other interesting facts surrounding his visit:
a) 4 - floors (approximately 30 rooms per floor) at Waldorf Astoria has been reserved for the delegation
b) 85 Limos have been reserved for 10 days and each Limo will be paid $ 45.00 per hour for 19 hours a day for 10 days.
( You do the math and inform the poor souls who remit valuable foreign currency to Sri Lanka and the cost incurred to our mission here is ONLY $ 13 Million!)
c) The delegation has 130 members but the UN has issued only 5 passes so 125 members will be watching his address from the hotel room
d) A woman called Muditha Hailyedda, (who fraudulently claims a relationship to Gotabhaya Rajapaksa) has started calling other embassies requesting them for any excess passes
e) It is also said that the person who made the reservations is paid by the Limo company $ 10.00 per hour for 19 hours a day for 85 Limos for 10 days!
This is the commission - 10X19X85X10 - & 161,500.00 - way to go Ms. Haliyedda! |
Obama only on one floor; Mahinda on four floors: result –SL’s billions down the drain on UN Jumbo tour -SL the butt of ridicule because of President’s jumbo delegation
(Lanka-e-News, Sep.17, 2010, 6.35PM) Our correspondent in new York reports that Sri Lanka (SL) has become the butt of a joke and ridicule of everyone the world over because of the unwarranted Jumbo size of the Sri Lanka delegation to New York for the 65th session s of the UN assembly led by President Mahinda Rajapakse.
The President who is leading this massive delegation this time as usual is comprised of nearly 130 members !!. The expenditure to cover this jumbo tour is Rs. 140 million !, according to reports.
Although the President is taking such a large crowd with him , at any session of the assembly , a State leader receives only five tickets for entrance . It is learnt that the SL office in UN is therefore busy collecting tickets from countries which are attending the sessions with fewer members than the quota. Even the delegation of Britain comprises only 15 members though it is such a large country relatively . It is little wonder therefore, according to Embassy sources in New York , that the Jumbo delegation of SL , which is such a small country ,is frowned at and looked down with ridicule by other countries around the world.
In addition , the SL Embassy in New York has hired as many as 85 super luxury Limousines for the travelling comfort of the members of this Jumbo delegation . The hiring charges for every vehicle is US $ 45/- per hour and is on a 19 hour daily hire basis starting from 6.00 a .m . in the morning until night.
The expenditure for the vehicles for 10 days totals to $ 726,750/- made up as follows: 45 x19x 85x10 dollars. In SL rupees it costs Rs. 70 million !!
President and his jumbo delegation has taken abode in the super luxury Hotel ‘Waldorf Astoria’in New York. Four floors have been reserved for his Jumbo delegation. The rent for each floor is US $ 30,000/-. That means the cost for the four floors reserved is US $ 120,000/-. If the reservation is for a minimum of five day s, the cost will total to US $ 600,000/-. In SL rupees it will be 60 million ! Accordingly the cost of vehicles and the Hotel stay alone totals to over Rs. 130 million! – a poverty stricken nation is astounded and dumbfounded at these statistics!
The most awesome phenomenon and the biggest joke in all this grand generosity at State expense is, even American President Barack Obama has only reserved one floor (40th floor) for his delegation.
It is reported that on the vehicle hiring alone, a secretary attached to the SL Embassy has received millions in Commission. While there is an officer in charge of these duties, this Secretary has claimed prerogatives based on her alleged blood relationship with Gotabaya Rajapakse stating that he is her baapa (uncle)’.
When there are vehicles in plenty and at one’s beck and call, and can be hired just on a telephone call, this ‘daughter’ who is basking in the oozing love of ‘Gota baappa’ has elected to hire 85 super luxury limousines for obvious reasons. She has hired 40 vehicles from Air Seelan, a vehicle hiring Co. in New York. She is being paid a commission of US $ 10/ per hour every hour’s hire. On this basis she is collecting a commission of US $ 161,500/- (10x19x 85x10). The SL rupee equivalent is Rs. 16,150,000/-.! Thanks to Gota baapa.
It is reported that as this ‘daughter’ very frequently uses the words Gota Baappa when she speaks on the phone while she is at work. Hence others are scared to expose her frauds or make complaints against her.
It is also learnt that this ‘daughter’ of Gota baapa, practically every month collects a sum of US $ 500 to 1000/- by forwarding medical bills from a Doctor who is a close friend of hers. This ‘daughter’ who is bathed by Gota baappa ‘s compassionate water is now heading for trouble, it is revealed, as a group in the Embassy is getting ready to expose her regardless of Gota baappa.
The 65th UN assembly was inaugurated on the 14th officially. The Victory assembly of the Organization of the century is being held from the 20th to the 22nd. The Main conference where the State leaders will be attending is to commence on the 23rd. The SL President is scheduled to address the General assembly.
Our New York correspondent reports that apart from these expenditures, colossal sums have been disbursed towards Air fares.
Amidst this, a group who made sacrifices for the country claim that they have been forgotten by the President on his tour of the UN. The Sri Lankans who are residing in America accuse that the President is now associating with businessmen when he arrives for the UN assembly, and does not invite for parties those who made immense sacrifices in the days of the war. They spent all their monies and made donations in cash, clothes and medicines to the Forces, and spent lavishly for the functions the President attended, when he came on the previous tours of the UN. It is reported that now, the President’s functions are being organized not by Sri Lankans of decency and dignity, but by two Businessmen in New York who are running a ‘sex shop’ and engaged in sordid activities. This picture gives a glimpse of the super luxury Hotel ‘Waldorf Astoria’ and one of the super luxury
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