12 November, 2018

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19th Amendment: Impunity For VIP Brats?

By Malinda Seneviratne –

Malinda Seneviratne

Someone who was at the wrong place at the wrong time was assaulted.  Now let’s assume, as has been alleged, that Major Chandana Pradeep was not on duty at that moment.  Let’s assume that he was engaged in some illegal activity.  Let us assume that even though he was an Army Intelligence Officer who could have been carrying out duty-work in off-duty time due to an important development related to the particular brief, he was not doing anything of the sort.

If all of this or even some of it is true then Major Chandana Pradeep, regardless of his invaluable contribution to the cause of wiping out terrorism, should be charged on account of his transgressions.  Nothing wrong with that.  Discipline in discipline.  Exceptional performance is not akin to a credit balance that allows one to use a debit card for transgression.

All this is fine. Above board.  Punishable crimes invite inquiry and punishment.  You cross the line and you are stopped.  That’s how it goes in the Army.

Punishment of transgression, however, is not the preserve of the Army.  It is not only the security forces that have rules and regulations. Every institution has them.  And above all of it is the general law of the country.

The injured Major Chandana Pradeep

The said Army Major was assaulted. That was news.  He said he can’t identify some of his assailants. That too was news and news that invited a lot of commentary. Why did he change his story and who or what was behind the change of position?  Indeed even the Magistrate hearing the case asked this question.  The Magistrate wanted the footage from CCTV cameras to be examined by the Police.  He even instructed the Police to determine whether a charge will be filed against the Major for having lied.  That too was news.

The main two suspects, Malaka Silva and Rehan Wijeratne, were enlarged on bail.  News.  They’re not talked about now.  They’ve gone off the news radar apparently.  That’s ‘news’, i.e. not the fact that they are out of jail but the fact that they’ve gone off the radar.

Whatever the Major was doing or not doing at the JAIC Hilton that night, he was assaulted.  This was not some kind of attempt to execute a ‘citizens’ arrest’ or a Good Samaritan act to stop some heinous crime being committed.  The assailants had no business to throw their weight around in the way they did.  Even if Malaka and Rehan did not throw punches (and they haven’t been cleared of that; the CCTV footage will establish guilt or innocence), they were present and if they didn’t do it, then it was their friends, bodyguards or goons who assaulted the Major.  It is hard to imagine such minions operating on their own initiative.  They can be charged, therefore, at best, on grounds of being accessories after the fact of felony.

The Major is in the news.  That’s deflection.  That’s sweeping issue under the carpet.  That is wrong.  If it is not, then the constitution must be amended.  We can have a 19th Amendment to the effect that Ministerial Brats (or ‘Privileged Brats’) have the license to do as they please, including indulge in any act of thuggery.  Something like vehicle permits for MPs.  The Legal Draftsman can put it down in appropriate language, but we can call it the Double-O Amendment or the Tiger Amendment, because just like James Bond, 007, had the license to kill, so did the LTTE.  Neither was constitutional, but it is best to do things ‘within the law’.  Then it can be monitored and/or regulated.  Like alcohol and tobacco.  Like certain drugs such as cannabis in the Netherlands.

For now, though, the news is that Malaka and Rehan are not newsworthy.  That says a lot about the media.

Daily Editorial’ of www.nation.lk

*Malinda Seneviratne is the Chief Editor of ‘The Nation‘ and his articles can be found at www.malindawords.blogspot.com

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Latest comments

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    S.L is now the land of thugs.Only those who are close to the King can survive. It is like trampling the man who had been pushed from the roof.To whom can we complain for the King can do no wrong

    • 0
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      Why stop with a 19th Amendment, Impunity for VIP brats. Pass the 20th also that the Tsunamipathi can kill anyone whom he desires with no legal ramifications.

    • 0
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      Check the security camera’s for evidence . Simple, end of story .Going round in circles is a SL forte.

    • 0
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      very true

  • 0
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    There is so much talk about Malaka and there must be a good enough reason for the highest in the land to protect him. Any guesses???

  • 0
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    Sri Lankan army and the Kudu kings deserve each other.
    The people deserve the government they get and the puppets who are
    given jobs as editors to government controlled newspapers..

    Malinda is one of them..

    His article if you call it one, is just mumbo jumbo and discusses nonsense…

    Why are you posting this nonsense CT??? Friendship…

    • 0
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      Haha. You make me laugh you joket. The LTTE who are your friends were the biggest kudu kaarayo in the whole world Gnana. Perhaps they were chartering your father’s ships for ditribution.In 1984 they served time in France and a lot of them are stil carrying on the trade from California. Interesting my friend that you live just around the corner.

      • 0
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        LOL..Another boot licker of Mervin and Malaka,just out of nursery eh?blaming everything on LTTE?I assume you are a paid “patriot” so how does it feel for someone who you worship to be treated cheaply like a dog?And get away with it?

    • 0
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      If u check CT reguarly there is no doubt CT is for nonsense

      • 0
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        Nonsense?no doubt it attracts you then..

  • 0
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    Malinda you have shown your prowess to speak the truth, unlike your colleagues in other papers. Thanks.

    I voted with SLFP at last elections and I will not in the future.

    Because Mahinda Rajapaksa tolerates this nonsense of his Cabinet buddies and their siblings. His Police and Judges are connivers in these exercises. This can be corrected by him only as he has all powers to handle ministers and through them their siblings, and Police and judges through the 18th Amendment. Since he does not do this let us all SLFPers who voted with him say that we would not vote for his nominees and himself for him to understand where he is heading!

    Every one who voted for MR and SLFP, let us though we are a minimal number of internet users say this decision loudly to be heard by the Neros!

    • 0
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      What is the point? Computer jilmart has come to stay and the EC is
      house arrested when the Elections are on. Black-outs timed for
      frauds (as at the last EP elections) will ensure an SLFP win – with
      soft adjustments made just for a mere win without suspicion.

      The Regime will out-do Myanmmar and Libiya put to gether when it
      comes to E L E C T I O N S in SL for ever! Such are our Sinhala Voters.

    • 0
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      Like you I too will not vote for any party at all upcoming election for I am sick and tired of all politicos. But I still lay hopes on President Rajapakse.
      Leela

      • 0
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        Hope springs eternal in those wells that have dried, thinking that spring will come to moisten them once again. So keep hope on MR as he is drying up too and we can make a hell of a bonfire of the dry rot.

  • 0
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    Malaka deserves the spanking of his life, something his parents failed to give him.
    He has turned into an arrogant, violent thug, who would have been in jail had his father not been an equally thuggish politician. Criminals connected to the present regime, whether they are thugs or murderers, get away with crime, and the green light to flee abroad.
    The Rajapaksa government protects criminals in this country.

    • 0
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      See, only in PRESENT DAY SRILANKA it is possible such criminals to be able to leave the country – while the victims will have to face the punishments alleged to have passed fallaucious statement.

      Even ones who once thought MR could be a better leader should see the today´s alarming situation in the country and try to work collectively for a change – saving the youth and the country.

      If MR let CRIMEs occuring in the country to this manner, life of the nation is danger in the near future.

    • 0
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      Panda

      “Malaka deserves the spanking of his life,”

      He would enjoy it.

  • 0
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    So Malinda, why don’t you next write an article about the 18th amendment and call it, “18th Amendment: Impunity for wannabe dictators aka PresiDunce for Life.” :)

    • 0
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      Presidunce Bean:
      You are dead right. The only thing better than MS, the stooge, writing an article as you’ve suggested is for the CT to stop publishing his bilge!

  • 0
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    An armyman getting asaulted by a minister’s son and his friend is “Great News” BUT the army throwing human excrement upon,and assaulting citizens, & smashing vehicles of citizens taking part in a peaceful protest demanding to be allowed to go back to their homes occupied by the army in the north, is NOT newsworthy.
    Why such double standards?

    • 0
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      This is not double-std. but Sinhala Buddhist Justice od todays SL.

  • 0
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    I was of the view that finally Malaka has met his w3aterloooooo….

    Major was assaulted & sustained injuries….. Yes. He may not be able to inentify his assailants…

    But, there was this group of 07 people including Malaka & Rehan.
    At least, one or more of them must be responsible. This is a fact going by the injuries unless self inflicted. But Major did not say so. neither in his affidavit.

    In Law, there is a thing called “Vicarious Liability”. If someone in the group was responsible for the fracas & the causing injury, EVERYONE IN THAT GROUP IS CULPABLE.

    The Major must be charged for misleading the Police.
    On the other hand, Malaka, rehan and the entire group who were present at the time must be charged for causing grevious injury.

  • 0
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    dicky Bird

    “In Law, there is a thing called “Vicarious Liability”.”

    Also known as “Joint enterprise” in law.

  • 0
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    Keep it up Malinda you are getting better with each editiorial. How about an editorial re the 18th ammendment and its undemocratic misuse by the President.?

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