By Shyamon Jayasinghe –
Shyamon Jayasinghe
Isn’t this drama over the Avant Garde issue a contrived one? Constructed by both the former Minister of Law and Order and the refusing -to go -Minister of Justice, Wijeyadasa Rajapakshe? Superficially, it looks like horseplay. Looking at it with a discerning mind it appears most surely as a pantomime by these two Cabinet worthies.
I must say at the very outset that I make no personal judgment about this issue involving Gotabaya Rajapaksa. That decision has to be made only after a judicial enquiry. Tilak Marapana or Wijeyadasa Rajapakshe -neither of them-are judicial bodies and they haven’t before them the results of any conducted judicial enquiry. Hence, they have absolutely no right to speak for or against the Avant Garde allegations at this stage. They cite the AG’s opinion all right; but the opinion of an AG is yet another opinion. AG is not a judicial body. In the circumstances, both these persons should have kept their mouths shut. Instead the Honourable Wijeyadasa openly concurs with the AG’s opinion.
There is a political consideration, too, that these gentlemen have nonchalantly disregarded. Avant Garde is a hot political issue that if handled inappropriately can lead to undermining the whole credibility of the Yahapalana government of which the two gentlemen are key members. Why did the latter have to go out of their way and defend the Avant Garde operations in Parliament without even consulting the cabinet or the Prime Minister-leave alone the President with regard to the political wisdom of doing so? To make a public statement like this should have required a policy decision that involved the Prime Minister and cabinet for the simple reason of its dire political consequences. Any issue that has wide political propensities involves a policy decision.
In short, both Messrs Marapane and Wijeyadasa Rajapakshe have made a judgment when they had no right to do. And they have made a Parliamentary announcement of their personal judgment that was politically damaging to the government. Any ordinary Pradeshiya Sabha member would have seen that the utterances of these Ministers were politically unwise. The wise thing to have done was to await a judicial enquiry and leave it at that. It is up to the justice system to acquit Gotabaya of any wrong-doing. Such an acquittal will only have enhanced the prestige of a yahapalana government by demonstrating to the people that it is truly yahapalana. In this case, we have two Ministers acquitting those charged with Avant Garde fraud. Unbelievable!
Marapane did resign but Wijeyadasa Rajapakshe has decided to engage in battle. Wijeyadasa, further says that he will not arrest Gotabaya. I dare say it may be a right decision not to arrest Gotabaya in the circumstances when the AG states there is no case. Probably a yahapalana court will not do that and would wait to hear the case. But why is Wijeyadasa Rajapakshe attempting to play hero here?
That is the question a discerning person should connect up with? According to a Ceylon Today news story the Minister of Justice, further, takes a leap forward to extol the virtues of the former Minister of Defence. This should be troubling for the Yahapalana government. Minister Rajapakshe, according to the Ceylon Today story, has said, “We should accept that he (Gotabya) helped to eradicate terrorism from the country.” What is the relevance of an alleged Gotabaya national contribution to the question of arresting him for possible wrong-doing? Surely, Honourable Wijeyadasa understands logic! Why did he bring this in by stealth?
Now didn’t that let the cat out of the bag? One wonders if this is a rehearsed drama to shift the balance of power toward a possible Gotabaya Rajapakshe-led new Rajapaksa Regime? It is anybody’s guess. Sri Lankan politics in the last decade in particular have been marked by serial conspiracies. Dagger in hand with velvet gloves. The unthinkable becomes reality.
Mahinda Rajapaksa once said that his camp is like a barber shop with the swinging doors letting without discretion any man in and any man out.
Vetmahadeva / November 12, 2015
A Marapana-Wijeyadasa Cooked Up Drama?
Now didn’t that let the cat out of the bag?, of course the cat is out the bag.
I voted this Moron Frog twice despite my ethnicity, Now the question is how worth this follow for enacting new constitution?
Definitely will fiddle the new constitution in the make up in favour of his pay master or masters.
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Jackal / November 12, 2015
Wijedasa is playing to the gallery, saying won’t arrest Gota, totally irrelevant, diverts attention, like bull fighter showing a flag to divert attention of bull.
He may be thinking he looks a machiavelli but we see a Donkey , any body can see his ugly nakedness. A small animal hiding a behind bigger animal when under attack, he puts Gota in front as shield, this guy should resign if he has any sense of shame.
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rew / November 12, 2015
Not resign,but sacked
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Pethigethanna / November 12, 2015
In short,
“I know the law, I don’t need advice” a very familiar phrase know. A grade 5 student can remember who talked like this before and who is talking like this now. Ultimately pathetic.
So hilarious to see titles like “Doctor of Philosophy in Law … bla..bla…”
Voters like me have learnt a hard lesson this time around.
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BBS Rep / November 12, 2015
As in most dramas we the public see only the actors on the stage. In this drama the actors are poorly chosen, they are not reading the script but blurting out things that should never be said on stage. Marapana is a doddering old fool and Wijedasa totally devoid of grey matter. My3 has got impatient and wants the whole play shut down. But the interesting part in this drama is that the directors, producers and a host of other participants are choosing to remain anonymous except for the AG who has self appointed himself as their main spokesman. What a drama. Many comedic acts will follow.
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K.A Sumanasekera / November 12, 2015
“We have two Ministers who acquitted those charged with Avante Garde Fraud” says Mr Yahaplana Jayasinghe who gives free advice to our inhabitants , while enjoying a Red Label Down Under.
AG says there is no legal base to charge.
So who are the people who charged Av G ?.
Is it CPA,AHRC,FF, BASL, FUTA , TNA, or Suren Surendran and Father Emmanuel under instructions from UNP London.
I think Mr Jayasinghe wants to have this case also taken up by the Hybrid Court which our great majority have appropriately named as “Suddage Adikaranaya” .
Rhymes well too with Yahapalanya..
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Konappu / November 12, 2015
Sumane, it looks like every man and his dog has now written an obituary about the good hamuduruwo.
No one has commented about the bad blood and his angry persona that caused his heart problems.
Shouldn’t some one ask the question whether his activities conformed with the Vinaya Pitaka the Buddha put in place?
Has the hatred towards Rajapakse government made people so stupid. Sobhita Thero suffered and died because of this bad karma. Just may be.
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bo / November 12, 2015
Huh, in that case the whole country should die with bad blood. What a fool you are KON-appu!
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Channa / November 13, 2015
Konappu: time to change your punakku diet so that you stop thinking like a bull.
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Konappu / November 13, 2015
Channa
You share the name with a horse keeper, but a noble more intelligent one than you obviously.
It is the biggest fool that thinks he has brains. Dig your hole and lie in it.
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Dr.Rajasingham Narendran / November 12, 2015
Shyamon,
Your words make sense of what appeared to be
utter lunacy.
I lost faith in Wijedasa Rajapakse when he went totally silent over the Shirani Bandaranayake episode, immediately after a gun was fired near his front door, inviting an immediate Mahinda Rajapakse visit. Who fired the shot and who ordered it? Has this incident have any connections to Wijedasa Rajapakse’s reactions now?
Dr. Rajasingham Narendran
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Kumar R. / November 12, 2015
Rajasinham,
First you had faith in Praba. Then you lost faith in Praba. Then you developed faith in Mahinda/Gota duo. Then you lost faith in Mahinda/Gota duo. Then you had faith, and then lost faith in Wijedasa. You also had faith in Sambanthan and Sumandiran, and that too somehow got lost. You had faith in Wigneswaran – and sadly the same story.
See a trend there somewhere?!
Ranil and Sirisen breakig trend – or are they too down the same slope?
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bo / November 12, 2015
Yeah, name the Trojan Horse, planted by who?
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shankar / November 12, 2015
“We should accept that he (Gotabya) helped to eradicate terrorism from the country.”
then why did we jail fonseka,he also not helped,but did the job directly of getting rid of terrorism.Did they even feel sorry that the man was a walking corpse because of the bomb blast when they put him in welikada.Most probably hoping he would have died there.Naturally he is making allegations that wijedasa has been bribed.As wijedasa has refuted the allegation,why does he not invite a investigation into all his assets and bank accounts,instead of threatening to sue.This man wijedasa rajapakshe cannot be trusted and should be kicked out immediately.In fact anybody with the name rajapakshe cannot be trusted.
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Ravin / November 13, 2015
Wijedasa is an absolute unreliable double dealing fraud, How he ever at one time became President of the BASL makes no sense. The fellow cant even speak in grammatical English and a real crooked opportunist along with the notorious Marapana, should have been kicked out by this government. Cant imagine this fellow has the audacity to say he will not allow white van Gota to be arrested. This bugger should be arrested too for conniving with the crooks in the Avante Garde fraud to have played out millions of rupees that belonged to the government,
This idiot is no Law and order Minister, he is a back stabbing opportunist that Sirisena and Ranil should get rid of fast before he causes more damage.
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EDWIN RODRIGO / November 12, 2015
The author is forgetting the Sri Lankan (or more correctly Southern) custom of being grateful. WR is right. Gota should not be arrested because he took a leading role in eradicating the LTTE menace. And there are many other things that we should not do (or do as the case may be). Just 3 examples are given below:
1. Not arrest the person who killed Thajudeen because he bears the Y chromosomes of the man who was responsible for defeating the LTTE.
2. Not grab any of the money in those Dubai Bank accounts because that belongs to the family who took the lead in the battle against LTTE.
The list goes on and on…
3. Not put in prison the General who developed the strategy which led to the defeat of the LTTE.
My advise to those lynch mobs who are clamoring for justice: Only bad Kings like Elara did things like killing his own son for running over a calf with his chariot. This is Yahapalanaya in full swing. So don’t expect that sort of thing from them. Moreover, Elara was a Tamil. Don’t try to emulate them.
P.S.: Cut No. 3. That was a typographical error.
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Galle / November 13, 2015
Edvin
Cont……..
4. Illegal sale of 40 tons of government gold
5. Highway commission
6. Lasantha n Egneligoda murder
7. CJ removal
8. MRIA N Hambantota harbour
9. Etc
10. Etc…….
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soma / November 13, 2015
Galle
You seem to be in possession of very valuable information.
Please make them available to the Criminal Investigation Department.
Soma
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Patriot / November 12, 2015
Shaymon the AG’s opinion is not one of the opinions. It is based on the AG’s opinion either the prosecution or dropping of a case happens. It is AG’s opinion that there are no offences committed in the Avent Guard case. If you like the rest of the diaspora hurrah boys want a flimsy excuse to arrest Gota there is no room from a legal point of view. Sad but that is reality now suck it up and lament.
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Thiru / November 12, 2015
“Mahinda Rajapaksa once said that his camp is like a barber shop with the swinging doors letting without discretion any man in and any man out.”
Mahinda is absolutely right: Sri Lankan rulers’ politics is like barber shop rubbish;
if you did dig it you will only get worthless hair after hair and nothing valuable to the country or its peoples.
The same rubbish now comes with the label “Yahapalana”!
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anonymous / November 12, 2015
Dear Mr. Jayasinghe,
I wish we had people like you in the judiciary in ‘Silly Lanka’. It may not be your personal judgement but you have got it absolutely correct.
‘Patience is a virtue’, let’s wait and see. I am not disturbed by all this pantomimes at all.
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thondamanny / November 12, 2015
Now Shaymon Jayasinghe turns a Judicial body cooks his own drama.
oi Shaymon !!! leave aside the Avant Garde, there are many pressing problems getting accumilated each day, no work done other than a dose of Avant Garde, hauling of people before commissions in the media by Yahapalanaya to hoodwink the masses and to cover up the inactiveness & short comings
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Address pressing issues, Shaymon……masses are being duped with this Western Strategy the Yahapalanaya has been told to adopt.
Fow how long ??????
Yahapalanaya can not fool all the people all the time.
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Piyumi Welikala / November 12, 2015
Do you think MR has withdrawn forever? Rubbish. He and his crooked cronies are working day and night in the background trying hard to destabilise the yahapalana government. As the writer says most correctly the Marapane-Wijedasa duo are doing what MR wants. Sirisena and Ranil should be on high alert. Wijedasa should be sacked immediately
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thumpane gamaya / November 12, 2015
If Rajitha’s statement appears a lie this time…public should demand that he be taken out of the position of Cabinet Spokesman. Why cant the government make credible statements at least in such very sensitive issues. We have elected a bunch of jokers to govern us.
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Ponkoh Sivakumaran / November 12, 2015
The decision of the AG is in the nature of a judicial decision. He has the initial decision whether or not to prosecute. The exercise of this prosecutorial discretion is a judicial decision. He should not have lightly exercised it without furnishing evidence and a reasoned opinion in a case of such public importance. The Ministers, both of whom are lawyers, should not have made pronouncements on the decision of the AG. There is no finality in the decision of the AG. It can be challenged or changed. Confirmation of the decision by the Ministers as if they had authority-and they had none- is not appropriate.
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Upul / November 12, 2015
Are’nt we running around in the usual circular fashion?
According to the current state of the laws in the country, Avant Garde as a company can only be investigated for any violations in the registration, acquisition and distribution of arms.
The pertinent questions that must be asked and answered are elsewhere.
1. How did Avant-Garde get the contract to run the arms operations south of Sri Lanka from the Sri Lankan Navy?
2. Why was a confusing contract created between Rakna Lanka and Avant-Garde instead of it being between the government of Sri Lanka and Avante-Garde?
3. Who got what to facility this sham arrangement?
4. If Rakna-Lanka gets 30% for just being the signatory, what does Avant-Garde do with the rest?
5. Who does the invoicing and collecting happen now that the Sri Lankan Navy is entrusted with the same tasks?
6. Is this just a change in collectors, or are the Navy top brass suddenly going become millionaires? We know the Army, Air Force and Police have had their turns at the trough.
Wijedasa is just making a mountain of a non-existing mole hill so we are all confused about the real issues.
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Jeremy Ludikins / November 12, 2015
To some extent the view of the Attorney General is yet another legal opinion but it is no ordinary opinion because it is he who decides to prosecute or not. If he doesn’t who can? The older system, I am told, private parties could prosecute but run the risk of paying damages of malicious prosecution if the case is lost. So if that old system exists and if there is a case for prosecution, why not these people who make a noise that something seriously has gone wrong in the affairs of Avant Garde prosecute this case? That is the acid test whether these people are talking about this firm are serious about what they are talking about.
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Muhammed Fazl / November 12, 2015
The 50 million Rupee question is, how was it even remotely possible for a die-hard UNPer (Tilak Marapana) to appear in the first place for a die-hard Rajapaksa-backer (Nissanka Senadhipathi) who was hell-bent on defeating the UNP and destroying the country?? Does not conscience play a role ever in the minds of traitorous lawyers??
Marapana SHOULD resign from his Parliamentary position as well!
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Piranha / November 12, 2015
Wijayadasa says he will never allow the arrest of Gota. He also said that Gota saved the country from the LTTE.
Does he also think that he is THE LAW of the land who decides who gets arrested and who doesn’t? Does he think that Gota is a saint? Wijayadasa knows very well Gota’s murderous and criminal activities.
People like Wijayadasa and Marapana have ruined the reputation of the Yahapalanaya government and the blame has to be shouldered by Ranil for not having discipline in his party. He should tell Wijayadasa to resign and if he refuses he should be sacked.
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uswatte / November 13, 2015
Wijedasa is a disgrace. Why is he paying homage to notorious Gota who is suspect in major murders like Lasantha, Thajudeen ,Eknediyagoda etc. He joined his moronic brother, Mahinda, and jailed SF,taking away all the latter’s medals. Now he praises Gota for the war. Why does he not praise SF first. This guy Wijedasa should be sacked before he creates further hora damage.
Even Rajitha is better
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bo / November 13, 2015
Why? SF did not lined this man’s palm with gold. Goat most likely did!
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whywhy / November 13, 2015
If Avant – Garde is made of a joke , then the script
writers (many in there)have an escape route and the
case closed . WOW , now we understand why we needed
a NATIOAL GOVERNMENT ! Very soon Dubai account will
come to the stage for clearance ! And then JVP will
drop the blues and start to run after the Greens
without any success because of JVP’ past failures.
Our people deserve this ? Of course yes ! They want
a lazy life and they broke the legs of a very strong
JVP opposition clearing road to the blues and greens
for a scot free shopping spree . Good start Marapana
Rajapaksha duet ! There will be more tourists this
time around ,just to see our Minister folks !
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Shyamon Jayasinghe / November 13, 2015
Both ‘Patriot,’ and Ponko Sivakumaran seem to view the AG position as a judicial one. A judicial body takes the nature of a court that conducts investigation along lines similar to a court in search for objective evidence. It also has powers to punish. AG, although an important position, does not conduct his examination in that way. He refers matters to a formal court if there be,in his opinion, prima facie evidence.
I hope I have made this clear. Thanks
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Vichara / November 13, 2015
Shaymon says “Tilak Marapana or Wijeyadasa Rajapakshe -neither of them-are judicial bodies and they haven’t before them the results of any conducted judicial enquiry. Hence, they have absolutely no right to speak for or against the Avant Garde allegations at this stage. They cite the AG’s opinion all right; but the opinion of an AG is yet another opinion.
Fair comment. But why is he not applying the same principle with reference to persons such as Anura Kumara and Rajitha who have already prejudged the case quoting subordinates of the AG.
This is not a balanced assessment.
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karunaratne Gamage / November 13, 2015
As long as Wijeyadasa is Minister of Justice not a single of the Rajapakse camp will be put behind bars
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Ranil Wijeyesekera / November 14, 2015
Avant Gaurd among others helped to train people to take part in security operrations and use of weaopns. The unoffoal sphere is important. Dig deep for the spirit of the law is important. They have contributed much.
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bo / November 15, 2015
Contributed to whose pockets?
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