25 September, 2018

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Prosecution To The Full Extent Of The Law

By Emil van der Poorten

Emil van der Poorten

Emil van der Poorten

I know the campaign of Maithripala Sirisena for the Presidency of Sri Lanka was based primarily on getting rid of that obscenity of modern governance in Sri Lanka, an Executive Presidency gone stark raving mad.

However, what emerged as the campaign progressed was a huge surge of anger and resentment about the massive corruption with which the Rajapaksas had swamped the country and the fact that people realized that this was not something “out there” but something that had already proven to have major implications for every Banda and Biso and in which ocean of filth their progeny and the progeny of those progeny would surely drown if permitted to grow.

Yes, the implications of the wanton spending and lining of political nests with ermine of unbelievable value had become evident to every man and woman in Sri Lanka’s rural regions. And as Sir John Kotelawela and his UNP discovered in 1956, this could generate a political wave of Tsunami proportions. Yes, while it is the tenth anniversary of that terrible event hammering a large part of Sri Lanka’s coastline, this political tsunami promises to wreak havoc even more widely in our island nation, from its beaches to its highest mountains. The difference, though, is that it is a benign storm.

Maithri oath

We can and must harness the energy that was released on January 8th in the manner most positive for our country today and tomorrow.

How do you do this?

The primary concern should be to stay away from petty vengeance as too often has become the Sri Lankan tradition immediately after an election. In order to ensure this and avoid the senseless vengeance that has done damage to a nation and its people more times than I care to remember, we need to employ the law as it was meant to be used: to punish the guilty and give solace to their victims. Such an exercise will have another restorative result: it will resurrect practices of law and justice to a point that people begin to realize that what is in statute books and in the criminal code has validity. This has been diminished to the point that it has disappeared from public perception.

The catharsis that is most necessary after all these years of corruption and violence in the name of “governance” is a most necessary thing if we are to restore our island nation to something resembling the Beacon of Democracy it once was in this region.

We don’t need kangaroo courts or the Asian equivalent of Ku Klux Clan in white hoods to punish the guilty. We need the application of existing law to bring to book those who’ve robbed us blind, with patronage for that endeavour extending to the very highest levels of this government which blithely claimed that “anything goes” insofar as “our people” (“apey minissu”) were concerned.

Criminal conduct calls for the application of criminal law. That said, trying to drag the mountain of criminal activity through existing legal avenues will simply cause roadblocks of unprecedented proportions and set even the existing court systems in backlog mode for years to come, putting even the hobbling apology for jurisprudence that exists today in reverse gear.

If need be, more judges and prosecutors must be employed and the (public) funds recovered from the thieves should be employed to meet at least some of the additional costs. While this will certainly mean money well spent, it will hardly make amends for the massive damage inflicted on this country in so many ways. Make no mistake however, this is a first ESSENTIAL first step in the effort to restore national pride and self-respect and to bring back the rule of law.

The placatory statements made by the erstwhile opposition’s leaders during the lead up to the Presidential election about President Mahinda Rajapaksa and his henchmen not being prosecuted for their criminality need to be treated as just that: placatory statements and little more. Prosecutions must be launched with the least possible delay. In this case, justice delayed will, indeed, be justice denied; to the huge number of victims and not, as is usually the case, to the accused only.

Those businessmen who played “footsie” with the Rajapaksa Regime so that their customer-gouging enterprises prospered have already begun their attempts to influence the course of essential justice, seeking to have these monumental miscreants handled with kid gloves, just in case they return and these second-rate capitalists need their patronage again. This should NOT, on any account, be permitted because the people expect the incoming President to do what every new broom is expected to do: Sweep clean!

We can and must make the pursuit of justice our No. 1 priority not only because it is the right thing to do but because we owe it to ourselves if we are to claim to be, in any way, a civil and civilized nation.

As for the apologists who went before international tribunals and the television channels of this world, blatantly lying in defence of their masters in government, they must be exposed absolutely and completely for what they are, liars, prevaricators and totally amoral sub-humans. I have one particular individual in mind who now sits front and centre on Mr. Sirisena’s platforms. This fruit of his father’s loins did not fall far from the paternal tree (if I might be permitted to mix my metaphors) and I cannot but add a little sidebar to that allegation. The man’s father I’ve heard praised for having “helped” people from his village to get good government jobs when he (the sycophantic father) was setting new records in sleazy stooging for the delectation of his progeny and the world at large. What his admiring referees fail to see is that the man was “helping” his kinsmen and others from his hometown get jobs that would otherwise have gone to those chosen in the normal scheme of things after being judged on their merits and suitability for the positions concerned.   This “pulling of strings” is devoid of anything resembling fairness while parading as something praiseworthy. Obscene! Like the man himself and his plummy-voiced progeny!

As for those who’ve skirted criminal offenses just barely but have, nevertheless, done what passes for the “public good” enormous damage by the propagation of outright lies and deceit, they need to be exposed, chapter and verse, for what they said and, stemming from that, who they really are. You might not be able to put them in jail, but you can surely reduce their effectiveness when they return to the trail of misdirection another time, as they surely will. That most of them, sans their Rajapaksa patronage, might end up in the unemployment line would be poor enough punishment for the untold damage they have done individuals that they have targeted in this country not to mention the whole area of public information.

I would suggest that every appointment based on political grounds made by the Rajapaksa regime be scrutinized in full public view and, where necessary, those who’ve been picked in complete contravention of fairness and the guidelines existing for such appointments be terminated with immediate effect. This must be done by a group or group of people about whose integrity and honesty there must be no doubt. A hard bill to fill? Perhaps, but something eminently “do-able.”

Another matter, particularly given the fact that Sri Lankans’ right to access information has been seriously curtailed by the Rajapaksa Horde, is the matter of Internet Service Providers blocking their subscribers’ access to a variety of websites carrying information about Sri Lanka. The conduct of those in telecommunication companies such as Dialog and Sri Lanka Telecom must be investigated and, if there is a prima facie case to be made against them for removing a basic democratic right from citizens of our country, they should be prosecuted without hesitation immediately.

If all of the preceding sounds like some kind of national cleansing, it is meant to be just that because I am convinced that nothing short of an exercise of that nature will suffice to restore even a modicum of decency to this country in the conduct of its affairs.

This piece would certainly lack balance if I didn’t comment on an entity that has emerged as powerful beyond the level of its public support: the Jathika Hela Urumaya. This bunch with a track record in racism and xenophobia only second to the Bodu Bala Sena, are beginning to look like the proverbial tail wagging the coalition dog. This must end and, even if their presence is necessary in the short term for strategic reasons, they must be kept on the shortest of leashes. They basically run counter to the central thrust of the public support for the Coalition and their chauvinism must NOT be permitted to intrude on that Coalition’s efforts to establish fairness, justice and equity in Sri Lanka.

How can you help? Make sure that you take every opportunity to keep the feet of those in decision-making positions to the fire. Nothing else will suffice and remember, if we don’t make sure that this is done, what we achieved on January 8th could all be for naught.

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Latest comments

  • 18
    0

    Emil van der Poorten –

    RE: Prosecution To The Full Extent Of The Law

    Yes. Start with those who did crimes during election

    Then go down from there, only those who broke the law.

    No innocents,please.

    Shills and White washers beware, only if you broke the law.

    The Law is applied equally to ALL Citizens.

    • 5
      25

      This hymie’s wishlist can’t be for Sri Lanka’s interest. He is piping for the “international community” of hymies vying for global control on behalf of the Zion.

      He says “Jathika Hela Urumaya…must be kept on the shortest of leashes.”

      Dream on hymie. Have a look at the elelctoral map after the elections. It is the LTTE map reproduced by the American embassy.

      The majority will rise after the foreign cobbled mafia collapses aftr the 100 days.

      They have “appointed” a PM against the constitution to begin with. He will be PM until the 19th when the 127 UPFP in parliament will send him to his 27th, terminal defeat.

      He is a back door man, and the Sinhala Buddhists do not like Back Door Charlies, like him and you foreigner!

      • 5
        1

        The language you use to refer to the columnist belonged to the era of the vile dictator Rajapaksa. It appears that you were a failthful ar**licker of Rajapaksa who is hurting badly now.

      • 5
        1

        “Arlene”:
        You obviously don’t know Emil’s ancestry to be insulting him like this.
        Shame on you!

      • 1
        0

        This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2/

    • 7
      0

      Investigating and punishing crimes and misgovernance of the past should NOT be the priority one. First priority should be implement “Yaha Palanaya” on today’s work and tomorrow’s . Appointing civil servant as the defence secretory is very commendable act done today.. Today and tomorrow are more important than yesterday….

      • 2
        0

        Eventually bringing before due legal process every scoundrel who raped and pillaged our country’s assets and future assets, and are making every single citizen, and future generation too, pay for their rampant corruption and lawlessness, is an absolute necessity.
        “Rescuing a damsel in distress does not give one the license to rape her.”
        So true to anyone possessing a modicum of decency.

      • 2
        0

        Priority 2 should definitely be, to bring thd perpetrators of corruption and crime be taken to task LEGALLY, leaving no one out.
        We need to get back of all those billions and billions of monies that went out as kappams as well. Priority No. 3 Change of constitution please add: No crossovers. A crossover should resign his/her parliamentary seat before crossover.

  • 17
    3

    The Hon.Maithripala and Hon.Wickremasinghe, please take note and act – starting today.

    There is no time to waste. Basil Rajapakse will be at the Airport tomorrow 11th Jan around 1 p.m. Catch him.

  • 10
    3

    Heck yaeh

    We need all durian theives put in jail and a new law be enacted .

    Cheers

    Abhaya

    • 0
      0

      “Abhaya”
      Your sarcasm has clearly been misconstrued by many readers who have, unfortunately, thought you were commenting positively regarding one of EVP’s previous complaints regarding rampant lawlessness in this country during the Rajapakse regime.
      The damage this sort of thieving has done to the country is considerable. I know many small land owners who have not planted fruit trees on their properties for many years due to this thieving that has gone on with impunity.
      Whose loss? Alas, Sri Lanka’s.

    • 1
      0

      This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2/

  • 9
    1

    As, Like Election commissioner Asked,

    “Shoot to the Head of wrong doers to the peaceful society”.

    that is the only answer.

    • 11
      0

      Jula Putha
      Now, now…. remember we are now in the ‘Maithree-Paalanaya’, so no encouragement of violence please! The EC’s commands were given to the IGP, and were meant for perpetrators of election-related violence or intimidation.

      Emil is talking about taking proper legal action against crooks who have stolen money, taken mega commissions, raped, pillaged and plundered during the reign of our great fallen hero, Perci Rajapaksa, which I am sure you will agree with!

      • 3
        0

        Dear Ben;
        Sorry,

        Those days I was Following the Instructions and orders from My MOOda Moolana Boss.

        So I canot Forget about the Soot to the Head, But Still I am Dreaming About WHIT VAN CHINTHANAYA.

        Expecting, those SINS We Did Together With the Ma Ra ya JArapassa Clan will not hound us.
        Specialy Ma Ra ya And HOTHAMBAYA,

        Do not Under estimate them, They Are MASTER CROOKs In SRI LANKA AND USA Too.

        Any Way, Can You Have A look in to the Shit Eating PIG’s Mini ZOO at Keppetipola Gardens.
        I know that there was a Baby Elephant, Sharks tank, And Crocodiles were there???.

        What Time the YAHAPAALANAYA is Going to Open the TEMPLE TREES AND Presidential Palace to The People for Look into Jarapassa Life Style and What they have LOOTED??????????/.

      • 3
        1

        Bend Over,

        Guess by your name that you are close friends with Ranil, Mangala and the likes of them who run the (thambi)UNP these days.

        Do you like hearing them call whenever they need you?

  • 8
    0

    Ah Emil, sage advice indeed, and I’m sure the new people running the show have not overlooked this urgent need. Indeed, plans may have already been laid to kick-start the process after King Kong was sent packing to his village.

    One question I have is, where is our buddy K A Sumanasekera aka Aaathal Sumane? I cannot recall seeing a single posting from him (or her!) since 08 January.

    Which also reminds me, does anyone know where the Royal Astrologer is hiding? There was a great clip on the DM site, where he is challenged by a lady, which is worth listening to:
    http://www.dailymirror.lk/60863/yanna-nona-yanna-mr-s-astrologer

  • 15
    0

    As the Commissioner of Elections promised, it is now time to publicly expose the Declarations of Assets of both Mahinda Rajapakse and Maithripala Sirisena.

    • 3
      0

      Justice: Excellent!

      Commissioner Mahinda Deshapriya: Please honour your word and disclose every candidate’s assets as declared.

      This should become the norm for every election, presidential and parliamentary, and the law must be amended to make each serving MP, Minister or President declare his/her assets every five years, with the Bribery Commissioner or Auditor-General given the power to perform random audits or to investigate upon specific complaints being received.

      We the People have the right and the need to know how the asset base of our politicians changes with time and the right to ask questions if there is a disproportionate change, i.e. if the HOONA becomes a MORA within an unreasonably short time frame.

  • 0
    15

    It looks like Poorten Clans’ ( Elite ,Anglicans and the Vellalas) euphoria has fizzled out.

    Wonder who this Sira’s new mate, whom Poorten is on about?.

    Rambo Fonny couldn’t get the gig even as the Secretary, let alone the Defence Minister.

    UNP Elite , Anglicans and the Vellala buddies in the Diaspora must be feeling gutted,that Fonny can’t get his hands on our brave Soldiers.

    Now Poorten wants all employees recruited by the SLFP govt over the last 9 years sacked.

    When Sira’s partner ( the Achcharu Lady as my uncle call her ) left, our public service had only 800,000.

    Now it is around 1.3 Million.

    I know PM Ranil will be delighted to sack 500,000 ,as it fits to a tee, with the UNP core value of culling the Public Service.

    Can Sira sign off Ranil’s Cabinet Paper to issue firing notices to Five Hundred Thou, who are SLFP supporters?.

    Specially when Sira needs all his magic and “money”( Diaspora, Gnanakoon, or Holy Dollars from London?) to get the majority in Parliament put a “Like” for Ranil.

    Wonder whether Poorten knows that Sira is still a card carrying member of the SLFP?.

    Because a lot my Lansi mates thought Sira is a UNPer ,

    And they nearly fell over, when I told them at the UNP Victory Celebration with a bottle of Black Label, that Sira has been a SLPer for 49 years and still is…

    So much for the political awareness of the so called Elite…

    • 1
      0

      You do a great injustice to the Anglican school you attended.
      Did you build up an inferiority complex while you were there because so many considered you a total “nutter”?
      Your Lansi mates in Aus seem to be totally misinformed/dumb/brainwashed. Fortunately, not only are my ones intelligent but they also know you!

    • 0
      0

      KAS KAS; Loranzo, [shit eating pigs]

      I thought you committed Suicide!!!!!!!!!!.
      What Bring you here again?

      May be there is a payment balance owe to them. the hothabya jarapassa clan

      looks like Mahinidapaala have a close relation to you.

      may be know those days mothers were very naughty like F kings Brats No machan ???.

  • 2
    0

    To: “Arlene,” “Abhaya” and K.A.Tsunamisekera:
    Same guy commenting on ONE column, with THREE aliases this time!
    Time’s running out on you and your stipend from you-know-who but there still might be time to extract a few bucks via his buddy, KP, who has flown the coop and, besides, that could be in hard, foreign currency. Think of that!

    • 0
      2

      Mr Poorten,

      You have a good chance of scoring the Honorary Consul General job in Scarborough to issue Dual Applications and character certificates to the the ex Tigers .

      There will be tens of thousands of ex LTTE mates, When your mate Ranil scraps, the Interpol checks, Police Reports, probity checks on Visas, and waive the USD 25 G deposit for the reinstated Dual Passports. .

      And Ranil might even give them Voting rights too ,which will ensure he gets the gig when Sira retires in 6 years.

      It will be all Colonial rule again for our poor rural inhabitants, just like the good old days which you kept dreaming .

      And the beauty is the ex LTTE will be equal equity partners with the Elite, Anglicans, Vellalas , and the new addition the SLMC to rule our great majority inhabitants..

  • 0
    4

    EVP,
    Trouble is, if they are all prosecuted in true…..debonair Western fashion,…….. where will be the proof that the country has been robbed?

    With the $67 billion dollar Lankan economy that grew 7% last year and is the fasted economy of South Asia, the new Gosl will be mad to go on a rampage against the potentiality of these former moneymakers.

    The potentiality of especially the tourist industry to payoff all loans to foreign countries gives positive projections.

    Any opening up of familial accounts will show that familial accounts were actually ministries with investment accounts set for country development.

    New Gosl will grow very well on the foundations of the old Gosl, and in fact need them around, and will pamper them somewhat for sake of preservation.

    • 3
      0

      Ramona Therese Fernando:
      Since you have made a pretty extravagant claim on behalf of the Rajapaksa Government, could you please substantiate those broad paeans of praise with some statistics, preferably not from Ajith Nivaard Cabraal, the head of the Rajapaksa Central Bank who, I understand has fled Sri Lanka (with good reason)?
      Madam, it might be useful to remember that sycophantic bafflegab will hardly pass muster under the glare of reality.

    • 1
      0

      Morona Treesa

      What’s in that “fasted economy” you babble about, say “farted” economy.

  • 2
    0

    The items pertaining to corruption in the 100-day manifesto is as follows.

    02 Monday Feb – An Ethical Code of Conduct will be introduced legally for all representatives of the people.
    05 Thursday Feb – Special Commissions will be appointed to investigate allegations of massive corruption in the preceding period.
    18 Wednseday Feb – Independent Commissions will be established and required appointments made.
    19 Thursday Feb – The National Audit Bill will be introduced and passed within 3 weeks
    20 Friday Feb – The Right to Information Bill will be introduced and passed within 3 weeks

    https://www.colombotelegraph.com/index.php/maithripala-sirisenas-100-day-work-programme-detailed-diary-description/

    So February is the month of action.

    • 0
      0

      Something not forseen in the 100 Day Diary is of greater interest to
      all Citizens – viz alleged attempted coup by MR & Gota (*see this
      responsible statement backed by the UNP)- The CID will have to make
      investigations straight away – will they be summoned to the 4th floor?

      *https://www.youtube.com/watch?v=e0uQRQ4mzHU

  • 1
    0

    Aha, Aathal Sumane, you’re back I see responding to my buddy Ben’s bait above, but still peddling drivel!
    Your bête noir Fonny has been made the Minister of Defence (pipping Secretary by a galactic mile), so no worries mate, on that front.

    As for the public service growing from 800k to however many mio, this is exactly the kind of trashy distribution of pork and loin that King Kong did to rake in gullible supporters, not cricket eh, mate? Now Bro Ranil has to do the real math to figure out a solution. Can you help any mate? Every little bit will be welcome, and I know you have a stash for providing ‘brown-nosing’ services for King Kong!

    And, by the way, we are ALL Sri Lankans, not Vellalas, Lansis or UNP or Anglicans, so maybe worth toning your shite down a bit and doing your own bit to promote ethnic, racial and religious harmony in our thrice-blessed land from now on. Get it buddy?

  • 1
    0

    The murderous MaRa and his maniac Gota should be taken into custody
    for trying to stage a coup. more confirmation is pouring.

    http://www.bbc.com/news/world-asia-30763699

  • 1
    0

    Be true citizens of Lanka or Abroad, you guys can change like When it suits YOU ( Wasi Pathata Hoyai arr) Shame on you GUYS. It is no joke that a wicked, despotic and Nepotic regime was changed by the will of suffering people. I am Sinhalese to. Yohaan Perera.

  • 0
    3

    Pooten my lansi friend

    for 30 years which is most of my life we were scared to get on a bus get a nomal life . we were in fear of us being blown up every day . and if you think for a few dollars we will forsake the people who gave us our freedom we will also be bastards like you .

    Cheers

    abhaya

    • 8
      0

      bla bla blAbhaya

      You are a blessed man/woman for possessing short and selective memory.

      “and if you think for a few dollars we will forsake the people who gave us our freedom”

      If you really want to be angry and at the same time grateful please blame the Hindians and USA and worship them.

      “we will also be bastards like you”

      Do us a favour, it will cost you roughly about $120 for which you could check your DNA. For your ill-informed self you would find your life is constructed with building blocks made out of sperm contributed by Europeans, Middle Easterners, South Indian, South East Asians, …… particularly from Ibn Battuta, Genghis Khan, Ayub Khan, Hitlers forefathers, Vellaikkara Padei from South India, mariners from Bengal, Malay Mercenaries, ……

      If we go by your definition of bastard then you fit very well. I don’t want to insult your maternal ancestors for your stupidity.

      • 3
        0

        This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2/

        • 3
          0

          [Edited out]

          The comment language is English – CT

        • 3
          0

          Ramudu Iyer

          Thanks

          Brilliant

      • 0
        5

        NV the resident idiot jackass .

        Short and selective ? are the fools that cant remember as back as 2009 . they are also the morons of what is and has happened world wide , the horrors in France and world wide . Get your head checked , I am sure it has the qualities of a vegetable . Get your self a DNA test too may be it will show what side of your genealogy made you such a moron .

        Cheers

        Abhaya

  • 0
    0

    Yes Agreed no use bolting the stallion after the horses left quick action needed now now.

  • 0
    1

    Asela Waidyalankara ring any bells? anyone? Prosecution to the full extent of the law: lets start with Daham Sirisena shall we? He is right there behind the president….

  • 1
    0

    Emil Van de Poorten.
    Hope what you advocate come to pass sooner than later.

    “How can you help? Make sure that you take every opportunity to keep the feet of those in decision-making positions to the fire. Nothing else will suffice and remember, if we don’t make sure that this is done, what we achieved on January 8th could all be for naught.”

    Already those who did not comply to conditions of the previous regime are knocking at the door with business propositions and commissions. A few are already in. Others will now switch to the new benefactors. The new President will clean house but the dirt will find its way in.

    A watch dog commission should monitor the appointments and activities of all in power from the President to Prime Minister and Ministers. Otherwise it will all be back to “Normal”.

    All State Media should be made public corporation to be free to monitor and report all government actions without fear.

  • 2
    0

    Emil: AVB is right. MS has more important things to do than go after these criminals who have robbed our country. That is the job of the Police, AG, Courts, Commissioner of Inland Revenue and Bribery Commissioner. MS must set these Institutions up to function independently once more and the Minister and Secretary in charge must see that the Institutions do their job.

    • 1
      0

      Mevan:
      I’m sorry you have not comprehended what I have had to say. I do believe I have emphasized the need for a return of the rule of law and for the agencies responsible for its maintenance to act. I have emphasised that there should NOT be vengeance-seeking, not because I believe that it wouldn’t be appropriate in the circumstances but because such action/behaviour would be self-defeating.
      The manner in which the criminal elite has begun to leave Sri Lanka already proves, if proof be needed, that there is a need for urgent action. No use “shutting the stable door after the horse has bolted” as they used to say. This is even more so when it is Lambhorginis we are talking about!

  • 1
    0

    ABHAYA.

    You are a racist to refer to Emil Vaderpoorten as a LANSIYA.There is not much of a difference between you and the LTTE!

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