17 November, 2018

Blog

Sil Redi Case Vindicates Call For Abolition Of The Executive Presidency

By Javid Yusuf

Javid Yusuf

Two legal proceedings were much talked about during the past week-the Commission probing the Central Bank Bond transactions and the so called Sil Redi case in the High Court of Colombo.

Both these proceedings confirm that the administration of justice in this country is live and kicking and has the potential to mete out justice to all irrespective of the issues involved.

Apart from the evidence that has so far transpired before the Commission of Inquiry, what has been the subject of discussion among the public is the Commission’s order that Arjun Aloysius who is the central figure in the matter before the Commission is entitled to, if he so chooses (as he has now done ), not to give evidence and that he cannot be compelled to do so even though his evidence is relevant.

The Commission’s order has been based on the legal dictum embodied in the Sri Lankan Law that no person can be compelled to give evidence which is self incriminating. The Commissioners in their order have interpreted the law on the subject  and set out their reasoning in arriving at such conclusion. The Commission has refused to play to the gallery by compelling Arjun Aloysius to give evidence but rather to use the words of the Commission in their order chose to be ‘coldly neutral’. The Additional Solicitor General  has voiced his disagreement with the Commission’s order as he is entitled to do and has indicated that he would discuss the matter with the Attorney General.

While the Commission’s order has understandably puzzled members of the lay public who may not understand the complexities of the law. The fact that judges have to apply the law to the evidence before them and cannot take into consideration extraneous factors is something  not easily understood by laymen.

Sections of the political establishment have been quick to jump to their own conclusions. The Leader of the National Freedom Front Wimal Weerawansa who functions as a de facto Joint Opposition spokesman criticized the Commission last week and screamed his disapproval of the Commission’s order. Of course considering the NFF leader’s conduct in humiliating the former Chief Justice Shirani Bandaranayake when she was arraigned before the Select Committee of Parliament his disparaging comments with regard to the Commission’s order are not in the least surprising.

The Commission in its order has also gone to great lengths to list out  the matters on which Arjun Aloysius’ evidence  would have been relevant and therefore helpful to the Commission in coming to a finding on the matters within its remit. In doing so the Commission has been fair to Arjun Aloysius enabling him to take an informed decision whether to give evidence before the Commission or not.

The other legal proceeding that has evoked a great deal of public interest is the judgement and fall out of from what is popularly known as the Sil Redi case. Once again the order of the High Court judge has attracted many observations and been subject to discussion in several forums.

In order to understand the High court Judge’s reasoning that led to his finding in this trial it is necessary to study the judgement in the case which is not yet readily available in the public domain. The reasons in a judgement delivered by a Court sets out the reasoning that guided the Court  in arriving at its finding at the conclusion of the trial. As is often the case there may be different views with regard to the interpretation of the law or evidence but the reasons set out in the judgement provide the parties concerned an understanding of why the judge came to his conclusion in his judgement.

If  it is perceived by one party that the judgement or the process leading up to a judgement is erroneous, the law provides that the aggrieved party can avail himself (as done in this case) of the appellate process whereby a higher Court will review the matter and mete out justice by quashing, confirming or varying the judgement after submissions by the parties concerned.

But what is more troubling is what has been happening after the judgement in the case was delivered. Former President Mahinda Rajapaksa has publicly taken full responsibility for giving the order and stated that the two officials had only implemented a legitimate order. In a detailed statement the former President sets out the steps taken to use TRC funds and the justification for applying these funds to the Sil Redi project.

He has also used the statement to critique the process of reasoning of the High Court Judge in accepting or rejecting the testimony of witnesses. This is usually a matter which is done during arguments before the Appellate Court where the Counsel from the Attorney General’s Department usually defends the reasoning in the judgement. Unilateral comments on a Court’s reasoning in a public forum and more so in political forums can cause damage to the image of the judiciary in the eyes of the non discerning public. While the former President has been careful not to cast aspersions on the High Court yet statements made on other political platforms do not always show such restraint.

Given all the details in his statement the Defence lawyers may have given due consideration to calling the former President as a Defence witness in order to clarify matters. Whether a witness should be called or not is however the Defence lawyer’s prerogative and he would  have undoubtedly decided not to do so after deeming it not to be in the interests of the Defence to summon the former President as a witness.   

Another matter of concern is the politicizing of  the judgement  in the case by the Joint Opposition by mounting a campaign to collect monies to pay the fines and compensation from the public using some members of the Buddhist Clergy. There are several aspects of this Joint Opposition  exercise that needs to be examined here. The fines and compensation will not become immediately payable now that an appeal has been filed. What will happen to the monies collected if the appeal is upheld. How desirable is it to enlist the services of the Buddhist or for that matter any clergy to pay the fines or compensation in respect of a conviction which is essentially of a criminal nature. Would this amount to sanitizing by the clergy of action that a Court has held to be criminal and what message would this give the public in general and the youth in particular.

When the Buddhist clergy silently go round collecting alms most people will contribute thinking it is for religious purposes. Thus would it not be better for a group of Joint Opposition politicians in the interest of transparency to go along with them explaining the purpose for which money is being collected.

But beyond all this two fundamental matters relating to Governance stand out demanding the attention of the public and the Government.

The first is the enormous power exercised by one individual (the Executive President) in whom executive power is vested by the Constitution. According to former President Mahinda Rajapaksa he had given verbal orders to spend 600 million rupees on the distribution of Sil Redi in addition to expenditure on 7 other projects which means the total expenditure incurred on a mere verbal order would have been much more than 600 million rupees. Assuming that the former President’s order is legal as claimed by him  it is mind boggling that one individual (the Executive President) can by a mere oral order disburse public funds of such magnitude without the requirement to put down in writing the rationale and thinking behind such an order which in turn should have been preceded by a detailed discussion of the merits and demerits of such a course of action.

It is also an indication of the power that envelopes the holder of such office who is untrammelled by the ‘whims and fancies of Parliament’ nor financial and administrative regulations. Such power cannot be good for the individual holding such office nor can it bode well for the political health of the country. In such a context it is surprising that there are those who still advocate the retention of the institution of the Executive Presidency in a new Constitutional arrangement.

The other issue that impinges on the issue of Governance is the question of financial discipline in the public sector. There is an urgent need to tighten up procedures to ensure both the protection of public funds as well as to safeguard public officials from undue pressure from politicians to misapply such funds in an irregular manner. Tightening up procurement procedures as well as the speedy activation of the National Audit Bill by the Government will greatly assist in achieving these goals

Print Friendly, PDF & Email

Latest comments

  • 1
    6

    Presidency is already F$$$$$………..He is already a Gelding ……….. I don’t know about your Bosses , but the Anglican Kid from the Vellala Party TNA, is only demanding that Buddhism must be expunged from the Constitution…………..Even Sira and Chanthuri and Sachini wouldn’t have bar of what you are asking ………..When I watched Dr Rani’s Blue Eyed Boy , the Cross Dressing Junior Minister , who calls himself a Male Prostitute, flaying the Maha Sanga on Sirasa Prime Time National TV, I thought what is this demand to geld the President and Destroy Maha Sanga, is still so important………………..All Dr Ranil got to do is, bring his Federal thing next week as the New Commission Minister promised recently , and give the Vellalas what they want…….. Aad your bosses at least half of the East …………Get over and done with it ……..Because as a Buddhist it is hurting to watch Christian Rajan, joining hands with NGO agents like Kala Vedda and Rajitha insulting the Monks and their Religion , which they have protected over 2000 years for the benefit of the great inhabitant majority…………..

    • 6
      2

      KASmaalam

      “Anglican Kid from the Vellala Party TNA, is only demanding that Buddhism must be expunged from the Constitution”

      Buddhism should not have been included in the constitution in the first place. Weeping widow clearly had no progressive political, economic nor social policies, hence the inclusion of religion into the constitution. People never benefited from Buddhism being given foremost place however the crooks had a good place to hide their sins.

      When Dr Mahinda and his b***s carriers are being questioned he and his supporters cry foul., invoking chapter II on Buddhism. Buddhasasana ministry imported container load of drug.

      Did you issue the bogus letter demanding Customs cleared the consignment from Pakistan? How much did you make in the name of Buddhism?

      Between you and me, how much did the clan make out of the 600 Million?

      • 1
        4

        Dear Native………Your Diaspora Tamils are now piling up LKRs big time, courtesy of Dr Ranil and his crooked lot. lead by Mallika, Kiriellis and Kabir Hashim………..,,.Dr Mahendran , Young Aloysious, Sivalingam, and the latest Ponn somebody who stitched the deal for the Central Expressway to be handed over to a crooked Tender Provider from Japan…….The cut is estimated to be between LKR 15 to 25 Billion ……….Which beats even Dr Mahendran’s Insider Trading Hit at the Yahapalana CB, with the SIL…….
        In contrast , Sumane doesn’t need to lick. Mahinda or anyone else…..He has top Excecs in First World Blue Chip Companies working for him 24/7……..And provide a decent Income stream to play Golf and drink Selected Malt whiskeys from around the World………
        I hope Aloysious put something in your Pension account, for all the licking you do for Dr Ranil, Sambanadan, Vellala Kid and even the Field Marshal…….Are you going to put that Cross Dressing Junior Minister and Dr Ranil’s UNP blue eyed boy , the Rattle snake. too in your client list………….

        • 5
          0

          KASmaalam

          “Your Diaspora Tamils are now piling up LKRs big time,”

          Is Emil Kanthan part of the Tamil Diaspora? Probably you would have closely known when Basil/Tiran Alles were dealing with him. Were you part of the money laundering action?

          Could you ask the journalist Ambassador Bandula if he knew anything big money transfers.

    • 0
      0

      Nice words KAS but are you supporting those dressed as monks collecting money from the public to pay the penalties imposed by the supreme court(They must be paying back MR and his crooks has given them in the past)? Also are you saying that what the two MR henchmen has done is legal?

  • 6
    5

    Mr. Yusuf! As a Buddhist I feel the opposite; earlier I was for the abolition of the Executive Presidency. After reading many articles along with the court’s decision and MR’s statement, I believe we definitely need this strong executive position; otherwise, countries like Sri Lanka will be bulldozed by the so-called international community supported by people like you who want nothing but Islam as the religion.
    Don’t please try to hoodwink us by bringing in stories of democracy, rule of law, and other fairy tales related to so-called good governance, since the world is familiar with what you preach and what you practice specially in the Middle East.

    • 3
      0

      You are nothing more than an ignorant fool, Gema…..

  • 2
    3

    You do not have shown any connection of the things that you mentioned to the requirement of dissolving Executive presidency except the you muslim’s need to get rid of it because, then only you can have your own way and destroying whatever left in the Sri lankan buddhist culture. If you compare other islamic countries, Sinhale is far islamic than those. The way sinhale people kill animals, Sri lanka is not a buddhist majority country. The way, so-called Sri lankan muslims or the arab decendants in Sri lanka treat their women,Sri lanka is far islamic than those democratic-islamic countries. Executive presidency has put a stop to all those wishes of the muslims. That is what you want.

  • 0
    0

    The writer has his own opinion, nothing wrong with that, but is not willing to test his hypothesis before he put it out.

    In the first case he says the commission stayed within the legal maxim of no self-indiscriminating, so they did not call Aloysius to witness. Yes, we went through this here couple of times already in CT. Does the commission have jurisdictional authority? If not then from where the talk of self-incriminating is coming from? It is only a fact finding commission. It could have been enabled by those who put the commission (President) into work to pass binding judgement too. When we all know why the commission was sanctioned in this way, it is meaningless to going through legal maxim that has potential to perform only in a jurisdictional investigation. Aloysius did not go because the employees had turned against him, in the commission. So anything Aloysius telling here can help the solicitor General build a good case in the future as now he has internal witnesses. All what he has to do is to cross examine in the employees, under oath, about the matters Aloysius saying; then his case is proved. Now, it is the employees going to be cross examined in the court by Aloysius’s lawyer, with the information Aloysius provides about the employees, if ever this investigation go to a court.

    In the second case, he says if the Old King had issued his recent statement earlier, then the defense lawyer might have called him for witnessing. He had left out the question of Old King self-undiscriminating, which was his main point in the first case. Did the defendants anywhere mentioned during the trial that they were given verbal orders and they had made minutes of them and produced those to the presiding judge?

  • 0
    0

    If so, seeing those minutes, what the judge said? By Old King coming into the process of the Sil-Redi distribution, Old King cannot self-discriminate or defense lawyer ask him to come to court. It has to be supported by direct or circumstantial evidences. Then only Old King can be arrested and the other crook can be let to go. Otherwise, like the way all the patients those should have been in the Angoda is now flocking in the parliament, they will flock the courts too by self-injecting statements to the cases going on.

    EP is not remedy package you buy from the manufacturer through the wholesaler and thorough the retailer. Let the country’s constitution define what the country’s EP can do or cannot do! He can spend the presidential fund, but not others. If he is a minister to other funds too then he will spend that too. Have you seen the Presidential Fund allocation budget? The Old Royal family managed the 80% annual Budget year after year. If it were like in Old Royal’s case, Monarchy or Family Oligarchy is in operation, you can do that even with parliament too. Didn’t Sirimavo do that? It is not confined to EP. He took the responsibility only for misappropriating the 300m Rs. But he is blamed to misappropriate $18b. While his is telling one way lie about the $ 18b and telling other way lie for the Rs 600 m and being them both and asking to eliminate the EP only for the Rs600m is stupidity. The truth is he stole $18B, and his input on Rs 600 is minimal, but the other two crooks took major part. That is understood by the judge and this why he condemned them to hospital.

  • 1
    3

    Executive Presidency should not be abolished under any circumstances.—

    Political culture is getting worse and worse. Economy is derailed by lack of vision. PM seems to be lost in the digital one-man world. His comedian Ministers are a waste. System of every sector is in disarray. If there was no Executive President, where would the country be today?—

    There is nothing wrong with Wimal’s disapproval of PCoI’s decision to make Aloysius off the hook which could be used as precedent by all other high profile crooks. I don’t see any complexity. Commission tied one end of the rope around them and threw the other end to drowning bond scammers.—

    Since the verdict of Lalith/Anusha, Ministers are defending the duo. Amaraweera says they are not thieves but have only violated the election law, yeah, with Rs. 600 million peanuts. Many Ministers say convicts haven’t taken a single cent for themselves. I wonder why did they file this case, if they knew that they were not thieves???—

    Wimal was in jail for 3 months due to denied bail. He was accused for aiding/abetting “a ghost” to misuse vehicles. There are no written/verbal evidence to prove Wimal ordering anyone to allocate vehicles. He hasn’t taken a single cent from the Ministry. His name is not even in the list of people who allegedly misused vehicles. Yet there is a case against him aiding/abetting for nothing. The man who gave the order to misuse vehicles, who is currently a government Minister, is the complainant, so he is off the hook. This is totally unfair. The law should be equal to everybody, not one law to favourites and superclass and another law to political opponents.—-

    I strongly urge Kekille government to WITHDRAW Wimal’s case, as there is no basis.

    • 1
      0

      Too difficult for the court to let Wimal go. It doesn’t know how many of Vimal’s passports it misplaced to return him. So no other way but to keep the case open so it need not return those passports.

      Now they know who issued passports to Karuna to runaway. A case may soon appear in court against Karuna for passport frauds. But the person who issued Gnanam to run away is now on the OMP list.

    • 0
      1

      40 vehicles worth 91 million rupees were allegedly misused.
      National Freedom Front leader MP Wimal Weerawansa arrested and remanded for allegedly misusing 40 vehicles belonging to the State Engineering Corporation (SEC) while functioning as the Housing, Construction and Engineering Services Minister incurring a loss of Rs. 91 million to the government was yesterday was yesterday released on bail by Colombo Fort Magistrate.
      While deciding to release the suspect on bail, the Magistrate observed that the mental health condition of the suspect’s the15-year-old daughter can be considered as an exceptional circumstance to release the suspect on bail – very sympathetic.
      The Magistrate further observed that it is apparent that the former Minister has intentionally and dishonestly misappropriated these vehicles by entrusting them to his close relatives and party activists – including his sister.
      He gave away the vehicles without getting Treasury approval during 2010 to 2015.
      On top of it he also gave away houses to his relatives and party activists in addition to selling them at half of the market value.
      He also was accused of comping forgery by altering his birth certificate and passports.
      If he was an ordinary citizen he would have been already jailed but the government leaders show favouritism to the fellow opticians in the opposition, too..

      • 0
        0

        Adding big numbers doesn’t have any bearing on a court case which needs proof of one’s direct involvement.

        Wimal didn’t alter his birth certificate or obtain a passport based on that. Make your facts correct.

        It was the same bail condition under which the courts granted bail to the other accused Samantha. Make your facts correct.

        He didn’t entrust any vehicles to be misused. Chairman/State Engineering is the person who issued orders to release vehicles. If there is no evidence that he violated rules, how could then Wimal be at fault? Ministry has followed the precedent created by Wimal’s immediate predecessor, Rajitha. Why was he not charged? Show the proof of Wimal issuing orders. Wimal didn’t misuse a single vehicle. Why was he charged? —

        If misusing a vehicle is wrong, then the people who misused vehicles should be charged, not Wimal. This is not King Kekille’s Kingdom where fat people are charged in place of thin people.—

        Getting Treasury approval was not Wimal’s job. Make your facts correct. All the Ministers, previous/present were given vehicles. There are no Circulars whatsoever blocking any Ministry allocating vehicles to people. Kiriella gave 62 vehicles to his Consultants under direct orders, he was not charged.

        Wimal is not an ordinary citizen like Aloysius who is scot-free despite more than enough evidence to file a plethora of cases against him.That is called favouritism. Wimal is a patriotic national leader who represents the entire country while other Parliamentarians only represent their respective Districts.

        Wimal’s case only shows selective justice, partiality and unfairness.

        Government has abused the criminal justice system to discriminate Wimal by singling him out as a means of intimidation to suppress his voice.

        Government should WITHDRAW Wimal’s case which has no basis and file cases against bank-robbers like Aloysius/Mahendran/Ranil.

    • 0
      0

      Champa

      “Executive Presidency should not be abolished under any circumstances.—”

      So accept at least now that JR Jayawardene was right even though SLFP was then was totally opposing executive presidency and all including Chandrika Kumaratunge, Rajapakse and also Maithripala Sirisena came to power on the pledge to abolish the same.

      Please now then accept JRJ was right and he is a visionary, and the SLFP was stuck in closed outdated manioc economy and it was JRJ who opened the doors for a free market economy. We had only radio before 1977 I remember even when Television was introduced by JRJ the SLFP criticized JR as an unnecessary luxury .

  • 1
    3

    For a country like SL, executive presidency is needed

  • 3
    0

    This author has reasoned out and tried to explain well to the average
    lay citizen that uby focusing on the actual issues and about how the judge had conducted the proceedings in a justiciable and fair manner to arrive at the decision that the commission did in accordance with the law of evidence by not permiting a witness self incriminate.
    What is the problem in that?
    But senseless and sadly irrelevant comments proliferate these columns why to not abolish executive the presidency or change the constitution and what a honest and how effectively and how consciously that Wimal Wonder performed his ministerial duties etc., etc.,
    What a big joke all this is?

    • 1
      1

      Uthungan

      If you have read the whole article, you will see that the writer has mentioned about Wimal and his opinion about Aloysius decision which anybody can see is preferential treatment to someone who is accused for country’s biggest heist. Anybody has a right to say that Wimal was unfairly treated in a case against him where there is no evidence while Aloysius has given royal treatment although there is dramatic evidence against him. If the writer hasn’t mentioned Wimal’s name, there is no need for me to mention about him here.

      People have different styles in writing. You should learn to accept individuality. When I get an opportunity to post a comment, I used it to the fullest. If I have written 10 comments to one article, I may have written about 20 mini topics in them. I wish I could have time to write comments to each news and each article. But I should get some sleep too.

      • 2
        0

        Hey Chimp aka Champa: When I get an opportunity to post a comment, I used it to the fullest.

        TFN: yeah we know, you use all the potential found in your stupidity to write your dumb comments. You are a racist scumbag who has retired from the oldest profession and have time in your hands.

        • 0
          1

          Tamil from the North

          Your great grandmother was the founder of the oldest profession, so don’t insult her.

          If I had time in my hands, this government has long gone. I sacrifice my meal time, bedtime and leisure time to write comments. I might go on leave of absence in 2019 so that I can write comments full time and you will see the difference.

          • 2
            0

            Champa.

            “Your great grandmother was the founder of the oldest profession, so don’t insult her.”

            How do you know? Are you related to her?

            In your case you have already vowed to save this country from foreign creditors by practicing the oldest profession earning enough foreign dollars while keeping the Chinese prostitutes away from our kerb with the help of your own home made pimp Wimal Sangili Karuppan Weerawansa.
            You should be congratulated for your misplaced patriotism. Dayan is yet to analyse your smart ass patriotism.

        • 0
          1

          Dalit Tamil from the forzen North. YOu know you had to migrate inside a rusty conainter and in a rusty boat. So, you hate Proud Sinhal anation and sinhala people. YOu may scream now, perhaps you are unemployed and cash strapped, you thinkthat is also the sinhala people’s problem. So, except you dalits everyone else is racist, mistreat their so-called low castes and knell infront of high cast tobacco farmers. It is your 84,000 of your women that you made to do thes world’s oldest profession in the world, and they did it all over the world in order to make money your people to blow up.

  • 1
    0

    Javid Yusuf ~ “Sil Redi Case Vindicates Call For Abolition Of The Executive Presidency”.
    If at all it highlights the corruption and impunity. Impunity? Well MR says “I gave the order. Dare you to get me”
    Executive Presidency abolished or not, the genocide of Rohingyas will go on. If at all, the Sil Redi case high lights the need to address the prevalence of superstition.
    Javid Yusuf contends ~ “Both these proceedings confirm that the administration of justice in this country is live and kicking and has the potential to mete out justice to all irrespective of the issues involved…..”
    The case proves that justice is administered only when kicked. This selective waking-up is worse .

  • 0
    0

    This is a reply to the article & Uthungan.

    Dear Uthungan, read the article again. The author is the one making the big joke of tying abolishing the executive presidency to the financial discipline of the state.

    By all means, there should be checks and balances in the system and an independent judiciary to decide on thorny issues.

    However, the reason to retain the executive presidency is the preserve the unitary nature of the country. Sine the president is not directly affected by the horse-trading in parliament we have all seen too well, he can stand up and decide what’s best for the country. And that position would always be occupied by a Sinhalese Buddhist for the foreseeable future (I am hoping one day we would have Obama like leader from the minorities. But that’s in a strong unified country.).

    The moment power is transferred to a PM, all the evil forces against the country will scheme to make his/her hands tied in a time of a national crisis. Think of what happened in Jan 2015.

    • 0
      0

      Champa&Godaya
      There is no need for me to read the article over again. His article confines basically to explain and focus on the grounds that the judge appointed to the investigating commission decided to conduct proceedings according to the rules of evidence.
      The author has not said anything about abolishing the Executive Presidency or about the new constitution in his article.
      On the contrary it is President My3 who gave an undertaking when he stood for election, to abolish the said post, and change the constitution.
      He was elected on that basis to the post by the voters who believed on his undertaking
      Now he is going back on the promise he gave. Having had the taste of office he is longing for more of it.
      To give an example.
      Say you engage a man to tender your garden of weeds. Come mid day , goes and has free lunch at the vihare next door. Because give a monthly donation to the priest there, would you be justified in not keeping your promise to pay him because your wife says so?
      Your reasoning is similar.

      • 1
        0

        Correction
        He goes and has free lunch….
        Because you give a monthly donation to the priest there ….

      • 0
        0

        Uthungan

        I was referring to the part you mentioned about Wimal. Read again.

        I don’t hold the President for any of his promises, because I didn’t vote for him. I have mentioned this over and over. But, once he become the President, every citizen has a right to demand him to act lawfully without breaching the Constitution and above all not to betray the country and its armed forces who
        protected the country with life. I write to the President not to Maithree. The reason Ranil and his NGO cohorts couldn’t be successful in abolishing Executive Presidency is purely due to public opposition.

        About the garden part, one need not to give a monthly donation to the priest to get a free lunch from a temple. Anyone who visits a temple during “Dana time (lunch)” will be offered lunch. I don’t understand the connection between his free lunch at a temple and not paying him. A Sinhalese never let his gardener to go to a nearby temple to have lunch in between his work, but offer lunch, snacks and several rounds of tea from his home in addition to the payment.

        • 1
          0

          Champs
          You repeatedly mention about W.Wansa the de facto Leader of the Opposition . All know about he and his wife’s his antics about their pp and how conducted his fast in front of the US embassy and treated a female CJ. He may be a to you hero for that.
          What has all that to do about the desirability to abolishing the Executive Presidency or changing a defective Constitution for a better one after having appointed a Steering Committe and paying for it’s expenses?

          • 0
            2

            Uthungan

            I have already said very clearly that Executive Presidency should not be abolished under any circumstances. That was the first para in my first comment. So the question of desirability does not arise.

            “Defective Constitution”??? Defective? Before 2015, for nearly 39 years, it was perfectly alright and graciously embraced by Tamils even. What made the sudden change in 2015? Or I forgot to use your word, what made it defective suddenly in 2015?

          • 2
            0

            Uthungan

            Wimal Sangili Karuppan Weerawansa is the patriotic pimp of patriotic sex worker Champa.

            Champa has taken up sex work in order to keep the Chinese competitors out of the streets and earn some foreign exchange to pay back Chinese loans.

            • 0
              1

              Keyboard Vedda

              God has the habit of giving nuts to people like you who have no teeth. If you are bored, go check your balls.

            • 2
              0

              Champas is a victim no second to the one who found dead in the den of Wimal Sangili Karuppan Appana Weerawansa.
              Anyways this poor souls is far from getting it.
              Just because his pen allows him to add the thoughts, he has been abusing our web space on CT some times no reason. Not many woudl ever read his so as the case with that PINGUTHARAYA of the lanken spot light Dayan Jayathilaka.
              These men are the umkraut/wild weeds of lanken society.
              For some reasons, they have been made HELL BENT to Rajaakshe, Weerawansa ballige puthas. The harmthey have been making is beyond all ethics and morals.
              Actually, these men should turn out to be positve helping blind folded people masses of this country. Instead they have just been cheap condom supports to the vicious bands.
              All what we can hope is these men to become some sort of wise at least in the days to come. Then only those buggers can serve torn mother lanka.
              Basta,
              Switzerland Bunjappu

              • 0
                1

                Bunjappu

                Switzerland hey? Did you attend the rally in front of UN Office in Geneva on behalf of the country? No, is the answer right?

                You are only a keyboard, at least I have words.

                I have never seen a constructive comment from you other than slandering others.

      • 2
        0

        Uthungan

        “On the contrary it is President My3 who gave an undertaking when he stood for election, to abolish the said post, and change the constitution.”

        Even before the Presidential Elections I never expected My3 will abolish the executive presidency and I knew he was fooling the gullible public.

        All the previous successful presidential candidates vowed to abolish EP but once they were elected they had the taste of it and gave only excuses still kept saying they will abolish but will get delayed and came to the end of their term and then wanted to be reelected so she /he would be able to complete the task and got reelected on that premise but never abolished EP. They never failed to claim all the post retirement benefits such as a free house (which JR Jayawardene never claimed). If the EP was abolished then they would NOT have been able to claim these benefits. So these greedy rascals never did anything after being elected to abolish EP and kept cheating all those who voted them to power but took all benefits due to president including the post retirement house which they would not have been able to had the EP was abolished.

        Continued….

      • 1
        0

        Continued….

        The fault is with the people. We should have been more smarter (I was fully aware of it and even have commented so in social media before the last Presidential elections to) have demanded a legally valid (checked by eminent lawyers) resignation letter from Maithripala Sirisena that he would resign after the said 100 days. Either EP is abolished after the 100 day which he promised but if not any way My3 would have resigned to allow someone else to come and fulfill the promise he made without the ordinary public now after having been fooled have to wait another 6 years to at least hope someone else will do what was not done.

        So people should be more smarter in the future to avoid the same cheating and if any Presidential candidate promises to abolish EP he should be demanded a resignation letter so he is forced to step down say after a period of one year of ascending to power of President. So either he steps down abolishing the EP or else he himself goes and a new president is elected for him to do what the predecessor failed without having to wait a full term of six years.

        • 0
          0

          I am on the same page about the Executive Presidency and a new secular constitution.
          What is important is that constitutional checks and balances should be framed in terms of rights and duties sans race& religion.
          All people across the ethnic and religious divide should be able to hold on account their basic humanity and a group of people with a visionary political ideal as equals take the lead and get involved fully dedicated to the task. That’s the only way for the future.
          When will that day dawn?

  • 2
    3

    The Parliament of Sri Lanka is very weak with Muslims (21 MPs), Tamils, Marxists, and unpatriotic MPs. The 13th Amendment and the threatening ethnic minorities have further weakened Sri Lanka. So, Sri Lanka must always elect a patriotic Sinhala-Buddhist executive president.

    • 1
      1

      So, Sri Lanka must always elect a patriotic Sinhala-Buddhist executive president.

      I am not sure after 2005 and 2010 elections, Sinhala Buddhist knows whom they electe. If he had come to the third term, Sampanthar not supporting Sobitha Thero, He might have parcelled all the Kandy Ayatollahs to Timbuktu. Long ago!

    • 2
      2

      Even it’s MR King who presided over corruption, abduction, murders, money laundering, syphoning 1,000,000,000,000 of poor people’s taxes and money obtained for interest to Dubai, Seychelles and local bank accounts?
      Multi-culturism always enriches countries, examples from the greatest USA to the smallest Singapore.

    • 1
      2

      Fully agree. Sinhalese Buddhists should make sure to elect a Sinhalese Buddhist as the President.

      At the next election, they all should get together and vote for one candidate.

      Sinhalese Buddhist votes should never be divided again at any future Presidential elections.

    • 1
      1

      “patriotic Sinhala-Buddhist executive president.”

      Old King, New King, Ranil, Richard P & JR all are Sinhala Buddhists Patriot for Sinhala Buddhist. But they only practiced Hinduism for them. Sinhala Buddhism is only branch of politics in Lankawe, not a religion, and the leaders know that too.

      They tell Kandy Ayatollahs to make sure the Modayas behaves properly so they can milk their votes from these Modayas, and they go to South Indian temple for pray god for their real satisfaction. They never believed in Buddhism(Buddha’s Buddhism) as a religions. So they have faith only in Hinduism.

      The extremist is Old King, followed Modaya Hinduism preached by Malayalis and declared an election to lose the power.

      • 0
        1

        Mallaiyuran

        Totally wrong and fit to give a belly laugh. Ranil and JR are not Buddhists, definitely not patriots.

        • 1
          0

          Champa

          ‘Ranil and JR are not Buddhists’
          But it was JR’s Executive Presidency when all opposed the EP! So why don’t you accept JR’s greatest contribution the executive Presidency

        • 1
          0

          Champa,
          “Sinhalese Buddhists should make sure to elect a Sinhalese Buddhist as the President. “
          Where are you going to find one? There are NO Buddhists in this country.
          Otherwise, why doesn’t the Dalai Lama (a real Buddhist) get a visa?

  • 0
    0

    Except for the two opening paragraphs of this article, I think that the rest of it makes eminent sense. One commenter has already made the point when he’s said that “The case proves that justice is administered only when kicked. This selective waking-up is worse.”

    I have begun to have a very healthy respect for Champa (and now Gema?) who, like me, suddenly decides to sit at his computer and make comments which are honest and independent of the desire to promote any particular individual. However, his perspectives are different from mine, in that he sees a need for minorities to integrate fully with the Sinhalese; I see that as being both unfair, and unpractical. His defence of Wimal W. is because he sees the guy as standing up for Sinhalese rights which he sees as threatened, but he tries not to be downright racist. The same cannot be said of John.

    *

    This government inherited lots of good will. Their task now is to convince the world (and citizens of Sri Lanka) that their promises were to be taken seriously. Admittedly, keeping the promises made to the United Nations may be politically risky. But why not decide right now to quit with honour in tact in 2020, do at least a little about the promises by allowing the facts to be investigated, and then apologising, without really punishing?

    *

    As for the acts of impunity of the Rajapaksas, we’re just waiting for them to be investigated, and punishment meted out to some in that family. The writer’s style indicates that he is a lawyer. Does Mahinda R. enjoy immunity since he was President? I don’t know. But what about others in the Family? Not one SENTENCED so far!

    • 0
      1

      Hey Sinhala man,

      I didn’t ‘suddenly’ decide to sit at the computer, I started posting comments in early 2015 and they were always independent and honest.

      About your last para: It will never happen because at the rate government Ministers cried, lamented and tried to defend Lalith and Anusha, their own case, after they were convicted, if they file a case against Mahinda and in the event he was convicted, those Ministers will commit suicide. :D :D :D So there is no point.

  • 1
    0

    MR says that he ordered the distribution of Sil Redi. If he means that the two convicts in jail should be released because they carried out an executive order we will fall into a severe legal quagmire in view of the pending investigations of disappearance of Ekneligoda, Lasantha Wickrematunga and Thajudeen murder cases. What if they say that its an executive order.

    • 0
      0

      If MR has made an a self incriminating statement and is charged on that statement, another Judge hearing the case could hold that same position as the Judge in Aloysious’s case as a precedent and MR would get away free.

  • 0
    0

    Don’t talk such rubbish U-Soup. If Sil Redi order is the only example for ridding of exec-presidency, just look at what Ranil is doing as PM, even without such powers. It doesn’t matter who wields the top job Pez or PM they will do as they please as history has shown us. And we don’t need to know how Biddhist monks should have handled the decision from a Muslim either, particularly if the topic witten on is stated to be on the law only. As for Aloysius, the Commission was not a judicial inquiry with power to punish – so Weerawansa is quite right to say ‘Kalisama galawuna’ to this bogus Commission.

Leave A Comment

Comments should not exceed 300 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically shut off on articles after 10 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.