3 December, 2020

Blog

The Rule Of Law In Sri Lanka: Gania Banister Francis & British Woman In Cyprus

By S. Ratnajeevan H. Hoole

Prof. S. Ratnajeevan H. Hoole

On 25 Nov. 2019, Gania Banister Francis, a Tamil employee of the Swiss embassy (aged 38) alleged that she was kidnapped by the Sri Lankan police. She has said she was treated brutally and subjected to coercion and sexual harassment. She added that the Police asked her for sensitive information on political asylum cases, before releasing her. Subsequently, according to news reports, she was taken in for questioning despite medical conditions, questioned for 30 hours once and overall over 5 days disregarding protests from the Swiss embassy. 

Ms. Francis’ counsel, Upul Kumarapperuma, complained to court that he himself has been targeted by individuals and media for appearing in this case, adding that certain false information about Ms. Francis has been released discrediting her. He told court that her employer, the Swiss Embassy, has also been targeted and misinformation about the embassy and its other employee is being spread to change the narrative of the story and to discredit Ms. Francis. The Police seemed in a hurry to nail her and diminish her credibility so much so that they had her warded in a psychiatric hospital.  

Many news reports connect this harassment to a Sri Lankan police investigator, Nishantha Silva, who fled to Switzerland following the November 16 election in which President Gotabaya Rajapaksa had been partly the focus by Silva. 

Ms. Francis awaits trial, she is forbidden by court from leaving Sri Lanka. Reports suggest that her aged mother has fled Sri Lanka in fear to Switzerland via Singapore.

Ms. Francis arriving in Court

The Cypriot Case

In striking parallel, in Cyprus, an as yet unnamed, 19-year old British tourist reported to police that on 17 July 2019  she was assaulted in her hotel room by Israeli youths  aged 15 to 12. There is medical evidence of bruises and scratches on her. The youths were remanded the next day. On finding no DNA evidence (as the police claimed), the five were released to run away immediately to Israel, and the girl was called into the police station on 27 July 2019, and accused of lying and, as she claims, forced to give another statement for over 8 hours without access to a lawyer. She signed a retraction and is formally charged at the odd hour of 2.30am with “giving a false statement over an imaginary offence”. 

The woman was remanded in custody for eight days, after being escorted into court in handcuffs. She faced charges of “public mischief” for alleging she had been sexually assaulted by the tourists. She rejects her retraction statement saying she was forced to sign it by the police. Her trial began on 15 October, as human rights and feminist activists pressed the Cypriot attorney general to dismiss the case. The final judgement delivered on 30 Dec. is that she is guilty as charged, and in the meantime, she is awaiting sentencing, out on bail and forbidden from leaving Cyprus. The legal aid group Justice Abroad said the trial had been far from fair because the judge had refused to consider whether the defendant had actually been assaulted as revealed by the marks on her body.

British Teenager arriving in Court

Parallels: Cyprus and Sri Lanka

One cannot be amazed by the parallels as I was in the war years when victims of torture here had testimonies very similar to what others reported from the Shah’s Iran and under dictatorships in Laltin America – toe and finger nails being pulled out, needles pushed under nails, beatings, special injection of drugs making men ejaculate, being hung upside down with a bag over the eyes putting out petrol fumes or chili fumes. There seemed a good trade in torture technology between friendly autocrats.

The prosecuting teams also bear striking similarities in getting female victims of the sexist police to withdraw their statements, long interrogation over the night without legal representation, etc.

How do we Judge?

Where does the truth lie? 

The judiciary? No, going by our former Chief Justice’s boasts on how he had rendered a judgement favoring a party in the Hambantota pilfering case while the other two judges meekly signed “I agree.” A Supreme Court justice Haranguing a murdered 12 year old LTTE conscript undergoing rehabilitation at Bindunuwewa, points to our judges also being cut from the same cloth as all of us. I desist saying more because of the actions against Ms. Francis. 

The legal fraternity? No, when all lawyers attending the relevant Bar Association meeting including Tamils elders like Nilakandan unanimously condemned the UN report on the massacre of 40,000 on the beaches of Mullaitivu, even before the report was issued. We live in fear and will easily say things we do not believe in.

In Newspapers? No, going by the absence of any objective reporting while Tamils were at the receiving end. The change in editorial tenor in the last few weeks will also give us the answer. Writers I respect say in fear that they will stop writing. Others whom I respected, have changed positions as in the Colombo Telegraph article “Iqbal Athas – Journalist Who Exposed MiG Deal Turns Gota Propagandist.” Even in this Francis case, reporters who seem to know what happened, are reluctant to say anything except that they think that the incident as alleged by Ms. Francis did really happen.

Eye Witnesses

Eye witnesses will say anything in Sri Lanka driven by communal passion or to suck up to authority. For example, on 27.12.2019 at 10.30 pm or so I was driving from Jaffna to Colombo with my wife. Branching off A9 at Rambewa and entering Anuradhapura by A20, I came to a T-junction at the end of A20. I turned left when an immature driver overtook me on my left while turning left herself. Being off the single lane she moved right to my lane and bumped into me on my left and her right. I stopped. The husband on the passenger side came around, was angry, opened the passenger door by which my wife was seated and became abusive in the Sinhalese language. He accused me of overtaking him and hitting him from behind. I was very fearful. It was Anuradhapura.  We are experienced with mobs A crowd was gathering. 

I took off but the husband and another car gave chase. I drove to the police station. There a crowd came in and became so abusive in Sinhalese that the policeman there shouted at them to go out and do their shouting. I told the officer what had happened (translated into Sinhalese by my wife), and the other driver wearing a necklace with a gold cross stuck to their version. There were 8 people backing their story. There was talk by them of my van being impounded (which would have left me stuck at midnight in Anuradhapura with my wife and dog which a hired car to get to Colombo may not accommodate). 

As these fearful thoughts raced through my mind, the policeman, one Wickramasinghe who perhaps was the OIC, turned out to be decent. He called for the CCTV camera footage at the junction. After viewing it, he privately told the other party something and they quietly vanished. She was not charged, just like the monk assaulting a Christian priest described below was not charged. He asked us to tarry awhile as he said that the other party was very angry and that we should leave straight for Colombo. It was a rare Sunday I missed the Eucharist but made up for it only in part with a wedding service at the Cinnamon Gardens Baptist Church where my daughter was a bridesmaid. 

The Police

Who respects our police to expect justice through them? I do not, even though the Anuradhapura policeman was in his own way not out to get us as the mob was.

Many times have I seen my drivers getting away with Rs. 300 after being stopped for speeding, especially North of Vavuniya on A9. Writer Lakmal Harischandra has documented with video evidence, Ampitiye Sumana, a Buddhist monk, slapping a Christian minister in front of a policeman. The monk is free to go about creating his mischief. No criminal charge for that in this country.

Look at the CID. They declared Dr. Siyabdeen Mohamed Shafi, who was attached to the Kurunegala Hospital, not guilty of anything after high-ranking persons accused him of tying up the tubes of Sinhalese women without their knowledge. Some of the women who accused him of tying up their tubes, said the CID, subsequently became pregnant. The poor Dr, Shafi suffered badly. The witnesses had behaved like my Anuradhapura mob. Now suddenly, after the change of government, he is guilty and they are reopening investigations. I guess it is no problem for the CID to deal with their previous testimony sworn to in court. They do not seem to care even if it is obvious to all that they are on a vindictive streak, having lost their humanity and lost sight of justice. Such a legal system can only be called a joke.

Look at the case of Champika Ranawaka. The CID cleared him some years back and now they are going after the man again. Perhaps the CID was politically actuated then or perhaps they are so actuated now. We do not know. But either way, it shows that our CID cannot be trusted. 

The murdered ruggerite Wasim Thajudeen’s case and the indicted Judicial Medical Ananda Samarasekara’s behavior are other instances that will have lessons for us as time flows. They can play with murder charges because they have not been framed yet. But if the Attorney General decides there is no case against Samarasekara after indicting him, it would open questions about the Attorney General’s credibility and constancy of opinions when the government changes.

Mullivaikal

A team of respectable investigators have investigated the last days of the war for the UN and solemnly declared in their report that upwards of 40,000 persons were massacred by the LTTE and the government.

Our government – we have only one government, not a Gotabaya Rajapaksa Government or a Maithripala Sirisena Government – agreed to many things including trials under resolution 30/1 at the Human Rights Council.

There is talk now of renegotiating the agreement which we ourselves cosponsored. That attempt at withdrawing from our solemn agreement – indeed that attempt to cheat the world – is telling on our truthfulness and integrity.

Trying to renegotiate the agreement would be a disaster for our reputation as a truthful nation. So doing would make anyone wonder why we do not push ahead with war crimes trials and leave it all behind us if no one is guilty. Surely, the move to renegotiate is pushed by those who do not want to face a trial. If there is no guilt, there is no need to fear a fair trial watched by us and the international community to ensure fairness. The international presence is essential if war crimes trials are not to go the route of the cases cited above where the police clear the guilty.

Note: This article has been written carefully and thoughtfully in an attempt to preserve the endangered Sri Lanka that I know and love so much. I hope that for doing that, I will not be charged with “Fabricating False evidence and Inciting Disaffection Against the State,” like Ms. Francis has been,” or with causing “public mischief” as in Cyprus.

“public mischief”

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Latest comments

  • 9
    4

    What if the alleged victim in Cyprus was a Lankan SB. I dread to think about the aftermath in Sorry Lanka. If Cyprus had a high commission, it would have been surrounded by the rabid Lankans baying for blood. According to Lankans the victim and Swiss are trying to tarnishing our Sorry State. If so what may be your excuse, for the British victim to make such allegations in Cyprus.

    • 11
      3

      Dear Prof. HOOLE,

      We perfectly know how THADJUDEEN MURDER was made as if it came into being through an accident. Not long ago, allged murderers father or husband kept on arguing that night how the allegedly drunk rugherite accellerated the his vehicle, former President MR had the audacity to say, that he drove the car to death by a speed of 175 km/h… in a road lane within colombo city – not even Germany where i live we could race the car with that speed – nor would my american friends agree with they could do in their lanes.

      However, with the dawn of 2015 govt, they proved, that the rugherite Wassim T died NOT by accident but by being killed by RAJAPAKSHE FAMILY. And there were reports that the vehicles for the killer had been provided by SIRILIYA foundation where Shiranthi Rajapkshes should have been the incharge.
      However STUPID MAN SIRISENA with executive presidential powers never allowed abusive alleged woman, ballige putha s wife, be interrogated, there had been speculations, if done so, the murderous woman would have gone to self-mord.
      Anyways, all tehse are public secret
      -Howsever with MEIDA handling on their hand with the stolen funds being paid as MEDIA CHARGES, they brought the alleged criminals as LEADERs in this country.

      How ethical and moral is the NATION ? They dont care, so long MEDIA mafia plant it in favour of the criminals.

      Even today, NO Social media as had been before, are active today.

      People are scared of being abducted or gunned down.

      What is then entire world saying about SRILANKA today ? Not yet that much… SWISS SAGA was made in favour of them, so was the case with FOMER CJ s dismissal.
      This is good old tactics of MURDEROUS RAJAPKASHES: Where they are active there we have ALL kind of UPPER HANDs for promotion of HIGH CRIMES.

      I do believe, SWISS authorities will reveal the TRUTHS, sooner than later.

      • 4
        7

        There is something fishy in this episode about Swiss embassy employee. One thing that is certain is that this would never have happened if Nishantha de Silva was not given asylum in Switzerland. Once it was known that he has escaped with his family and a possibility that he has sent the files relating to the inquiry against murder and fraud committed by Rajapakse brothers and their acolytes, the government went livid and sprang to action. They could do nothing to Swiss government or their nationals in their embassy in Colombo for granting visa to any Sri Lankan citizen. The next move was to target employee in the embassy who is in the visa section who is on local terms and do not enjoy diplomatic immunity. So a plan was hatched to get at her in a cunning manner by the agents of the government. They used a teacher at St. Bridget’s convent whose pupil was the daughter of that employee. News has come that the husband of this lady teacher is an intelligence officer in the army, which the police investigators have conveniently not disclosed. This proves that government is involved in this matter. The lady teacher was asked to contact the embassy employee with a fake excuse that she wanted to discuss regarding obtaining visas for her family to visit Switzerland and invited her to visit her home in Palmyrah Court. The embassy employee did not suspect any foul play and agreed to go there. From this point, what has transpired appears hazy. (CONTD)

        • 5
          7

          (CONTD). I feel that there was no abduction at all, any allegation about that will fail without signs of resistance in the body of the complainant. Probably a car was sent to fetch her from the embassy to Palmyrah court and she had got into it voluntarily. On arriving at Palmyrah court, she had been ushered into the flat of the lady teacher, and then the crime was committed. She was abused, molested and intimidated to extract information about granting of visa to Nishantha de Silva and whether any more persons are to be given visas. CCTV footings show her leaving Palmyrah court alone visibly shaken and frightened. It is strange that footage was available of her leaving only and not entering the premises. This gives rise to the suspicion that sections were erased because in those tapes, persons who escorted her in the car would have been captured. There is good reason to believe that agents of the government had been waiting for her at Palmyrah court flat and she had been lured by the lady teacher who had acted as a liaison between embassy employee and these agents. So the lady teacher together with her husband in the army become collaborators in this crime. (CONTD)

          • 6
            6

            (CONTD). Questions are asked why she did not report this to the police. When you know that the criminals are connected to the government, it is foolish for anyone to go to the police. If you are lucky, Police will ignore it or chase you out without taking your complaint and if your unlucky you will go missing. Embassy employee did the correct thing of reporting the incident to the Swiss Ambassador who was her employee, as the matter was related to her work at the embassy. Ambassador played his cards correctly, informing his government in Berne, getting her statement recorded by both local and Swiss lawyers and spreading the news abroad before informing Sri Lanka government. This made Sri Lankan authorities to go mad and started slandering both Ambassador and employee. It is only after Sri Lanka government assured safety to their employee and a fair trial with their lawyers present at the interrogation that they handed over their employee to the police. Unfortunately Swiss ambassador believed his employee which made their government to be in a spot. Probably their employee has over stated what happened to make her qualify for asylum. It is common for an embassy to offer immigration to their long service employees, but that comes sans perks and privileges given to a refugee. This has complicated the matter, but however much the government say they cannot be absolved from this crime. For a start the lady teacher and her husband must be taken into custody and the CCTV footage examined for gaps in recording suggesting erasure. Fact that government even before investigations could begin, stating that the whole thing is a fake, shows that the cover up was their aim. No one could expect a fair deal in a judicial system which is institutionally racist.

            • 7
              7

              Dr. Gnana Sankaralingam,
              \
              Any more fairy tails…………….??

              • 5
                3

                More are due to come. Switzerland has asked to close this matter and release their employee without charge, if not case will be filed against Sri Lanka under universal jurisdiction as the government despite evidence is not holding agents of its government accountable for this crime. This is why they took statement from their employee which was done on her own free will unlike the duress she was subjected to when police interrogated her. Sri Lanka has got caught with its pants down and have no option other than tuck its tail between its legs. Ask Sinhala veerayas living in Switzerland, why they have not protested against their government, for interference in Sri Lanka affairs.

          • 4
            1

            “It is strange that footage was available of her leaving only and not entering the premises. This gives rise to the suspicion that sections were erased because in those tapes, persons who escorted her in the car would have been captured. “

            excellent point dr,gnana.You remind me of my favourite detective hercule poirot.I never miss any of his TV episodes played by david suchet.he would have said”mademoiselle how can it be there is footage of her coming out ,but not coming in”.Dr.gnana we all know in and out in and out always and without in there is no out.Don’t ever miss agatha cristie’s hercule poirot TV series.

            • 3
              3

              I have worked as medico-legal officer in Sri Lanka and thus have a forensic mind. Any intelligent unbiased person does not need to follow any detective program, as he is able to analyse matters and arrive at a logical conclusion.

    • 9
      3

      Rajapaksas can’t rule with complex systems like Democracy that is why they resort to Dictatorship… people are realizing this fake confidence and we have solutions to all problems approach they desperately try to portray. Lot can change in 3 months. Scared to even go to parliament lol…

    • 3
      0

      What if not Thajdudeen but YOSHITHA Rajapakshe was murdered by unknown person in that very same groupd ?

      What if instead of Lasantha Wickramathunga, any Rajaakshe beloved Editor was killed on broad day light ?

      What if instead of Ekanaligoda, an another SINHALA backlicker of Rajapakshe was killed or abducted ?

      What would then that JATHIWATHI Ballige putha Madhumadawa utter before the very same punnaku eaters ?

      I think THE WOUNDING SITUATION being mastered by RAJAPAKSHE is becoming beyond bearing.
      How long the BARBARIANS can live up their Hapanakam in terms of war victory ?
      Why the very same people are being taken as their human shields ?
      Why do people let rape them on and on ?

      ENOUGH IS ENOUGH RAJAPKSHE MAFIA SHOULD FIND ITS END !

    • 3
      0

      What is the difference between THADUDEEN s mother and GOLD BISCUIT Business run woman, Shiranthi Rajapakshe ?

      Shiranthi Rajapakshe – a mother who produced barbaric son that do only harm to the nation

      Thadjudeen S mother – an another innocient mother, who should prove that much to be a citizen in the country. All because they belong to MINORITY.

      If these issues are not studied by UNHRC today, when would it be ?

      I am born SINHALAYA and I have always been different to our average sinhalaya that put them above … but call them repeatedly they are sinhala buddhists.

      I want radical sinhalayas of MADHUMADAWA, IRAJ Weeraratne and that BLACK LIPPED FAKE MONK from Batticalo be PUNISHED by all maximum natural disasters.
      :
      I simply wonder why ALL MIGHTY got seem to tolerate these men.

    • 8
      1

      No sooner the Swiss Embassy Staffer story was out, the Govt was adamant that it was a lie. They went on hammering the Staffer has made up the Kidnap Story. Itwas the very same Police Officers who were trying to find out how Nishantha Silva escaped were the very same Officers who were responsible for the abduction. In the process even the Swiss Embassy was not spared as if the Embassy Staff also had connived with the Staffer to fabricate this story. The Police are the same who scanned the CCTV Cameras in the neighbourhood and do you believe they will leave any footage as evidence because the Householders themselves would not have checked the footage by the time Police would have arrived. The Govt thought they could brow beat the Swiss and get the Cops to handle the Staffer even warded at a Mental Asylum to break her down and Remand her later. Her release from Remand on bail did not get the same publicity. I hear it has been speculated that the Swiss will take stern action on those Sri Lankan VVIPs who have Bank Accounts in the Swiss Bank. Fearing this now, the Govt is trying to down play the matter and quietly allow it to slip.

      Earlier the Govt was threatening the Swiss making all sorts of accusations, but now suddenly the Govt is in the back foot with it’s tail between the legs nd at the Mercy of the Swiss Bank.

      • 2
        1

        If you actually read what is in media, you will realize its the Swiss who is trying to close this case.

        • 2
          2

          Such a fool, why should Swiss government wanting to close this case, when they have not committed any fault. Foreign embassy need not tell the host government about a person applying for a visa. Any government in the world can give asylum to anyone if he could be imprisoned or murdered by his country for political reasons. Nishantha de Silva by his work of investigating crimes committed by Rajapakse brothers and their acolytes is deemed to be at high risk. In 1989 British government sanctioned asylum to Prins Gunasekera while he was still in Sri Lanka and was escorted to the airport and put in the plane by US ambassador. So even if Swiss government had sanctioned asylum to Nishantha de Silva while still in Sri Lanka it cannot be wrong. They have done no wrong in harbouring their employee who complained to them about being interrogated under threat about the function of the embassy, for her own safety under humanitarian consideration. It is only when they were assured of no threats that she was handed over. Here SL authorities have crossed the line in meddling with a foreign embassy work which is safeguarded by Vienna convention. Ask why she who according to SL authorities, had committed a crime of bringing disrepute to the country was released on bail. Swiss special envoy had told in no uncertain terms that if the case does not bring the culprits to book, they will take action internationally. All your crooked Sinhala politicians and businessmen who have stacked ill gotten wealth in Swiss banks got frightened and advised SL government to settle it amicably. Very soon you will hear that she is released without charge and travel to Switzerland with her family to settle down. The same thing happened to the Christian woman in Pakistan. When Switzerland has nothing to loose by attacking Sri Lanka economically or politically why should they move to sweep things under.

          • 2
            1

            Then lets wait for the Swiss government to take action internationally. :)

            You are sick.

        • 4
          2

          Sach,

          Did you see who went to pick her from Remand? The Ambassador himself. They stand by their Staffer because they know exactly what happened. Let us see what the Govt can do now? Her whole family has already gone across to Switzerland. If there is an ounce of Truth in what the Govt said that she has fabricated the Abducted story then why allow her to go? The Swiss are not pursuing the matter to save face for the Sri Lankan Govt as she had been released and the matter will be dropped lest Sri Lanka get Egg on her face if they try to pursue. Where is the Bravado of the Sri Lankans shouting from roof tops, to Jail her?

    • 3
      1

      Hey friends,

      Gota has beenGETTING ready to send his men to SAUDI ARABIA for a most appropriate training.
      They woudl like to know lot more about how that Jamal Khashoggi was dismembered in Saudi Embassy in Turkey, what kind of sawers were used in that activities. This would be even MORE lucrative than that of MIG plane purchase by which GOTA is reported to have earned over 7 millions of US dollars.
      :
      This is the only place, GOTLER can reach right at the moment, with his plans on bringing HUMAN FLESH and BONES into LOCAL super markets.

      This would not cost him that much since ALMOST every institution in PUBLIC sector are proved to be HIGHLY corrupted.
      He could then start CLEANING his own CABINET, which consists of DRUG PEDDLERS, CHAIN ROBBERS, RAPIST, MURDERS AND ALL IN THAT NATURE:

  • 13
    22

    Mr Hoole, you are trying to carve out credibility to a woman Gania Banister Francis who by making false allegations could bring disrepute to the Sri Lankan nation. Gania Bannister is just a visa officer at the Swiss Embassy! It is ridiculous if the Swiss Embassy Officials provided such an employee with sensitive information.
    Garnia Bannister is a Sri Lankan. The Swiss Ambassador nor their staff have any authority to tell the Sri Lankan Police how to carry out the investigations. Upul Kumarapperuma her counsel will sing for what he is paid and with hope that he too will be given asylum and benefits in Switzerland!
    It is ludicrous that a so called educated person like Hoole can come to issue a statement like “the Swiss Embassy, has also been targeted and misinformation about the embassy and its other employee is being spread to change the narrative of the story and to discredit Ms. Francis. The Police seemed in a hurry to nail her and diminish her credibility so much so that they had her warded in a psychiatric hospital.”

    The Swiss Embassy Officials are guilty of issuing visas to Nishantha Silva Candappa,,a police investigator who is under investigation by the SL police for his corrupt activities and his family, without proper procedure. The Swiss Officials, owe an explanation and a lot o answer for to the SL government.
    It was Ms. Francis and the swiss embassy who claimed that Ms. Francis was having mental problems! A mental patient should and must be treated in a psychiatric hospital.
    It is evident from investigations carried out that she had been lying and making up the whole story. As normal court procedure for alleged offenders Ms. Francis must await trial and is forbidden from leaving Sri Lanka. Does Mr Hoole expect Sri Lanka to give special privileges to Ms Francis because she is an employee of the Swiss Embassy? Family considerations are not taken into account when dealing with suspects.

    • 7
      1

      Dear Lanka Peiris,
      You may be right and the writer may be wrong. For thinking people with common sense it is not known why several pending criminal cases are not promptly heard in Sri Lanka as and when they occurred? For people with common sense it is clear the Judiciary in Sri Lanka is politicized and not independent. How come you are unable to see the difference between justice and crime. Why are the people in Sri Lanka confused between justice and crime? You are right only if the criminal investigations are done without harassment using intelligence and common sense only and not politics and harassment!! In the latter case of justice system, the judgement is acceptable to all and cannot be out for discussion like what is going on at present.

    • 3
      2

      Sri Lankan living in NZ.
      Dear Mr Lanka Peris, Say your argument in related to Swiss embassy saga is correct, how about Thajudeen case? Why don’t you ask Prof Hoole and why Champika Ranawaka case is up and running all of a sudden after all the case was cleared ? Answer me please

    • 1
      2

      Dear Mr Lanka Peris, Say your argument in related to Swiss embassy saga is correct, how about Thajudeen case? Why don’t you ask Prof Hoole and why Champika Ranawaka case is up and running all of a sudden after all the case was cleared ? Answer me please

    • 0
      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

  • 12
    19

    It is a pity that Mr Hoole still lives harping on the past! Sri Lanka has overcome a 30 year battle against the LTTE terrorists the most brutal in the world. Only fools believe the UN report on the massacre of 40,000 on the beaches of Mullaitivu. It is no secret that as a Tamil by your communal passion you were a supporter of these murderous terrorists. It is not the general Tamil public but so-called Tamil leaders and patriots like you create the tension with pathetic stories. If living in Sri Lanka is that bad Mr Hoole please ask the Swiss Embassy and emigrate. Sri Lanka or Sri Lankans will not miss people like you.

  • 17
    17

    This man Hoole is not in his right mind. Before you speak of rule of law, do some simple fact checking. The woman Gania is not Tamil, but Sinhalese. Her real name is Siriyalatha. She is from Kelaniya. Married to a son of some corrupt politician. Her stories do not tally with CCTV footage of her whereabouts. It is very clear that she has lied about the whole thing.
     
    Bringing false charges of this kind is a criminal act. And we cannot prosecute it, because? Tamils are used to making up stories and getting away, because our governments have not shown any interest to bringing charges. Half the Tamil population took the opportunity to claim asylum on false claims and made up stories. It has become a habit for the Tamils to lie without consequences. Now I think the story is going to change with our new president.
     
    Srilanka has a lot of problems. Our economy is in ruins. We are daily getting poorer. Half the population cannot afford to eat three meals. The food we eat is also so contaminated that it is making us sick and killing us. Getting clean water is a problem. We need to solve these problems so that everybody can live happily and peacefully. We do not need people like Hoole and Siriyalatha making totally dumb and false accusations.

    • 7
      7

      This idiotic so-called prof is a disgrace to the university academic community. If he teaches this kind of lies to undergrads and post-grads it is understandable as to why our young men and women go crazy when they are out of universities.
      First of all, I don’t understand why he lies.
      I agree with Punchi Point. Garnia Francis is not a Tamil but a Sinhalese woman who is getting ready to apply for refugee status in Switzerland. She has prepared a story to suit her case in Swiss.
      Swiss authorities have realized their foolishness already and apparently apologized to the government of Sri Lanka, according to the latest communique sent by Swiss foreign ministry.
      We have a new Sri Lanka today and we will strive to work to make it a better place for all ethnic communities and critics including Prof. Hoole.

      • 2
        2

        Jaffna university is not a proper university at all. Its more like a saivar kade, selling vadei. Even a saivar kade will have more order and integrity than Jaffna university. Vast amount of rubbish is produced by that so-called university, with their history department topping the list.

    • 7
      5

      Punchi Point@

      Please open your eyes and see who made this country enternal debtors ?- In the same time you are asking to find solutions to our problems you support those who created the problem. Are u at all sane ?

      Siriyalatha or Barnie whatever name she may use for her ID – is a srilanken national. She should have the same right as lanken citizen.
      So is the case with Prof. Hoole who has always been brave enough to show them the way whenever they mislead this nation. I do respect Mr HOOLE than your god father – DEAL BALLIGE PUTHA Mahinda Jarapakshe.
      We should respect all educated men in this country that always stood by our issues. But we must not overestimate the Hambantota rascals that came back to power- by misleading punnakku eating masses.

      Now theh options before us- believe or not, like or not, we need a good educated leader who give a real leadership to this nation. He should not be corrupted as Hambantota kalalakanniyas.
      My wish is Premadas Junior to take over. He and his young highly educated bunch can give a life to SRILANKA …. for sure. But we should Wijedasa Ballige putha Rajapakshe or the like men jail for all the high crimes they collectively commited with Rajapakshes.

      • 2
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        Your use of language says all I need to know about you.

        Is it a citizens’ right to bring false charges?

        • 3
          1

          Is it citizen rights to abuse the nation for thei comeback

          You have no idea the way the gullible have been manipulated.

          Why you guys behave so, if it is not pathological ?

          Rajakashes have looted and created a set of debt mountains why you guys let them give a lead again ? Are u blind ? Not even Ethiopians of the day would behave like you guys are upto

          • 1
            2

            I asked you a simple question, and you spit out some more nonsensical babble. Even in Ethiopia I think you cannot bring false charges. You can it and see.

  • 9
    8

    “Subsequently, according to news reports, she was taken in for questioning despite medical conditions,”

    What kind of medical condition requires her to be evacuated in a private jet all the way to Switzerland that too after several days from the incident? It’s not just her but her family also that were to be evacuated. Was the diagnosis made available to local judiciary and scrutinized by local experts? With her in such grave condition, how was it perfectly safe for her to stay in the Swiss embassy for so may days without any medical assistance? Must be some strange condition indeed to have such rapid unpredictable onset that none of the consultants and surgeons in Sri Lanka can treat or have manifested up until now in her whole life (where/how was she treated before otherwise?). Has she suffered any complications from this condition since then as a consequence of her request been denied (without any treatment)? Then again why Switzerland, why not Singapore which is closer? I’m sure you are aware how difficult it is for an average person to get a VISA to US or UK even for medical treatment irrespective of severity of the condition and how long the process takes. Who is going to foot the bill for her evacuation and treatment which would be substantial? Switzerland is not a country with free public healthcare like UK and even in UK foreigners do not have access to public funds. Must be some job she has at the embassy to have such benefits.

    • 3
      3

      “What kind of medical condition requires her to be evacuated in a private jet all the way to Switzerland” – Answer is simple. Any condition of a patient where the available medical facilities and/or personnel is unable to prevent death. Do you sincerely believe that if she was handed over to SL authorities at that time, she would still be alive. Reason to airlift her became a non issue when initial care in the embassy improved her condition and it was assured that foreign standards will be maintained in follow up. With stupid GMOA fellows around how can you expect proper medical care to anyone.

      • 2
        2

        Sankaralinga,
        More fiction!
        Are you a real Dr. or a quack? Thank god you left SL. Looks like you are still sore from the devastating loss of the tiger terrorists. What you are writing in this forum makes more bad blood between the Sinhalese and Tamils living in Sri Lanka. If you think you will get a separate state for Tamils by your actions I have news for you; Never going to happen! How many years have passed since 2009? What have you achieved??

  • 13
    16

    Mr. Hoole is either trying to create a communal disharmony by highlighting the fact that this lady is a Tamil. No matter the race of the person, if he or she has done something wrong. What Mr. Hoole indirectly saying to us is that all the cases handled by Sri Lankan police and judiciary are biased towards the governments (except for the UNP government in which he got a job).

    • 10
      4

      What about us the sinhalaya – commend Prof. HOOLE ?

      Also branded as ones fuel to communal disharmony.

      Besides, dont you guys know there is nothing to create them new, not long ago, how MADHU MADHAWA BALLIGE ge putha led groups demolished the lively hood of the innocient muslims, proving that sinhalayas are the heroes in this country ? If my lovely ones would have been attacked by TAMILS or MUSLIMs, would we ever tolerate it ?

      That penisless MALCOM RANJITH nevertheless continued to support barbaraians and did lot hard word to bring them back – are all mixe dup issues in SRILANKENS society

      Not fed days ago, Safron CLD thug slapped on the cheeks of a Christian Brother or someone, but who addressed the issue hearetedly ? WAS THAT abusive Malcom Ranjthi? So long, Malcom ballige putha get perked from Rajapkahe criminals, he continues the church tradition, but he does not know the disgusting work he is complannt. .. I think the bugger should be made clear if he is really an impartial guy or not.

    • 10
      2

      Nanda: You set out to paint Prof Hoole as a racist Tamil who is unpatriotic. That much is very clear.

      Because it is very clear that Prof. Hoole wrote a well thought out piece on the long standing reality in SriLanka. SriLanka always had and still continues to have gravely serious law and order issues from the top down.

      Even before we knew the name and identity of the particular Swiss embassy staff, the social media was abuzz with accusations and fraud by a local “Tamil” Swiss Embassy staff. That was communal. Prof Hoole being transparent on the ethnicity of the now identified Swiss staff member is not communal; in fact, essential the context this piece.

      You and much of the population choose to be blind to the reality that unravels routinely in this country. It’s for you to figure out why and what’s impact on our country.

  • 13
    10

    nanda

    “What Mr. Hoole indirectly saying to us is that all the cases handled by Sri Lankan police and judiciary are biased towards the governments “

    Are you sure Sri Lankan police, armed forces, state functionaries and ruling politicians …. are honest, straight forward, impartial, ……? If so why haven’t they dealt with thousands of disappeared cases?

    Even your response to Hoole is partial, biased, …………… bordering dishonesty.

    • 6
      4

      Stupid Vedda,
      How stupid are you to say nanda is stating “Sri Lankan police, armed forces, state functionaries and ruling politicians …. are honest, straight forward, impartial, ..” ???

      About the “Disappeared”? They were all found in the west for some reason not in Tamil Nadu!

      If Hoole’s story is true, it is not confined to racial minorities, it happens all the time to poor and powerless Sinhalese too!

      • 3
        1

        Eusense,

        .
        I thought you were raped by RAJAPKSHE GANGs since we did not see you appearing here for such a long time.

        Were you abused by them ? GOING by the same path of Thadjudeen and Eknaligoda ?

        Hoole story is true, please check it out. You guys behave those got caught by that RELICs SAGA at Kelaniya temple shortly before the election.

        • 1
          2

          Hathara
          Counter my arguments rather than writing irrelevant trash!

          How do you know Hoole’s story is true? Were you there that time? Going through conspiracy theories put down by Tiger supporters like you, I won’t believe any of these garbage.

        • 3
          1

          hatharabirikatharina

          “I thought you were raped by RAJAPKSHE GANGs since we did not see you appearing here for such a long time.”

          I am sorry Eusense is too old unable to lift her own Padikama (Spittoon) hence sach helps her.

  • 6
    6

    NO BODY IS 100%SURE AS TO WHAT REALLY WHAT TOOK PLACE IN THIS SWISS DRAMA.ALL SO CALLED PEOPLE SAY THEY LOVE THEIR MOTHER LAND WILL NOT REMAIN IN SRILANKA EVEN FOR 24 HOURS IF SWISS EMBASSY GRANT FREE VISA TO ALL SRILANKANS TO IMMIGRATE TO SWISS.

    • 6
      1

      No body knows what was happening after JAMAL KASHOGI entered SAUDI embassy, turkey a year ago.

      That incident is somehow similar to that of usual affairs of RAJAPAKSHES brothers.

      WE HAVE GOT ENOUGH EXAMPLEs

      1- Lasantha Murder
      2-EknaligodaMurder
      3. Thajudeen Murder
      4- 11-tamil boys that got ready to leave the country for UK – murder
      5- Journalist – over 40 or more were murdered and numbers left the country for life escape
      6- Twenty three prisoners from Walikada – murdered as if they were cats and dogs
      7- RATHUpaswala – murder and those 3 kids got killed and over 40 got injured even if they found the shelter in Churches
      8- And lot more …. do I really need to add them all here ? Are people suffering from MEMORY losers the way they are really upto ?

      • 2
        2

        Simon deSilva,
        ….and despite all those allegations and bogus stories (that could not be proved during the Y-Palana period,) Gotabhaya Rajapaksa had a landslide victory.
        How’s that?
        Can you add one more to your list of murders? Around 300 men, women and children were killed and over 1000 mimed just within few hours due to the security negligence by Yahapalana authorities on a holy day?
        Thajudeen, Lasantha, Ekneligoda invited the killers and many of those responsible were with the Yahapalan gang and that’s why the cases were thrown to the garbage bin; but what about those innocent men, women and children who went to pray to churches, and tourists who were visiting Sri Lanka? What had they done wrong to be murdered like animals?
        Just wake up, brush your teeth, take a shower, and be ready for a new Sri Lanka!
        Did they do party politics, were aligned with any political party?

        • 3
          0

          Rajq

          PEOPLE in that land would take anything that come in air.

          i KNOW it by my own research. If they ywould have been asked to EAT cowdung 3 times a day – ONLY because Rajapakshes and other VIP men do, they would do at once without any questioning. Dont you think so ? Be it within my circles or others is the same.

          Kovur was an indian analyst that then LOUDLY made public statements, that sinhala folk would believe anything without doubt and they are so submissive folk.
          There are degnue epidemies in SL, but if monks would have been utterling lies by chanting PIRITH in order control them, PEOPLE would go after that. So why not these guys wrap up the CITY rounds with PIRITH NOOLE ( pirith threads) ?

          People as is the same in INDIA, are misled by ANY superstitous beliefs. My sister would go to DO bodhipujas until the bo tree roots would go rotten, but asking her wishes to be fullfiled.
          So is the case with neigbouring living BALAWATHIES and POLBURUWAS…. they would do anything but not using their brains.
          Not long ago, Hakgediya man got arrested for his cheating for such a long time like 8 years.
          Ballige puthas with fake Prof Titles abuse and manipulate the nation for their survivals.
          So is the case with DEAL BALLIGE PUTHA MAHINDA jARAPAKSHE… but in the future people will have to open eyes. Then the island is already sunk.

        • 3
          0

          Are you dreaming RAJ ?-

          Once high criminals and the looters of provable nature would never let you for better and new country.

          i would never allow me a heart surgery to be performed by a wrong surgeon if I would be well aware of the facts how they performed earlier.

          Likewise, you guys are the same, that would let IDIOTS to rape you all along. But we the lankens living out of country, watch out… and know how high criminals Rajakshes are.

          Leopords would never loose their spots, …. wait and see,

          Thanks to GOOD GOVERNANCE GOVT, yet today we enjoy some sort of freedom. Now the idiots are lagged by the commission set and introduced by GOOD governance govt.
          If they are to EXECUTIVE PRESIDENCY why on earth they misled and cheated INNOCIENT people and grabing their votes ?

          You guys would love FEUDISTS be controlled over you, but we never. I have been working with EUROPEANS and AMERICANS for my job, I have never been silent before them. We enjoy having being able to work with them not with STUPID locals.
          Be it GMOA or other bodies, yet today are very abusive as no words can help me describing them.

  • 13
    9

    Dear Prof. Hoole,
    Thank you for summarising the facts and truth about what is happening in the current Srilanka. As I always maintained simply the rule of law and judiciary are useless and worthless to speak.Today Mahinda Family is well above Lord Buddha. Even if Buddha comes or born with some powers, he will be charged for telling the truth.The sword will turn against Sinhalese once they got a two-third majority in Parliament. Wait and see for another six months.

    • 10
      1

      Ajith,

      People are made fools down there

      If they would have been asked to SPISE cow dung for gain fortunes, they would do wihthout doubt.

      Lately, known that NAGAYA fairy tale at Kelaniya temple (one of the highly held temples in SL) – its CHIEF incumbent monk made a public message, that he believed that a reptile ( nagaya) brought some relics to a FB known freak but a close confidiante of Rajaakshe family.- The message went viral and people rallied round to worship RELICs….. can you imagine ?
      Very same people including those surrouned by Mahinda Rajakshe went after that Hakgediya man, who with a FAKE PROFESSOR title, sold out synthetically made, Valampuri, …. with a story thatlife less skeltons would bring anything in the line of fortune.
      Some spent over 4000 Euro each and bought them from him.
      Few months ago only, the theft of the FAKE professor became known… and the fraud had been continuing over 8 years.
      Politicians take the lead and vulnerable folks go after.
      Next would be MAHINDA RAJAPAKSHE start eating cowdung for his health, and the vulnerable would follow him, for sure.
      This is good old ballige puthas country, almost everyone is made STUPID by their ofiices abusing the same funds once stolen from the state.
      People are so stupid and no second to indian villagers.

      • 9
        1

        German politicians after WW2 were not respected by anyone to the manner, SRILANKEN PEOPLE get caught by the mantra being recited by RAJAPAKSHE FEUDISTS.

        Any developed and civilized societies think twice before doing anything twice. They would not just believe others and any fair tales. In this world, south asian region, latin america and africa are the most vulnerable areas where stupid portions of human beings are there.

        Targeting these men and women, politicians, fish on muddy waters. Ironically these very same politicians, are held as buddhist and religious people. They have nothing in their heads than abuse. I think RAJAKSHES should be punished to all means. then only we can see a better future.

  • 0
    0

    “There seemed a good trade in torture technology between friendly autocrats.”

    Its nice how you conveniently left out Abu Ghraib torture and prisoner abuse!

  • 2
    1

    “Eye witnesses will say anything in Sri Lanka driven by communal passion or to suck up to authority.”

    Does this apply only to Sinhala eye witnesses or does it also apply to Tamil eye witnesses testifying at various national and international fora including UN, that army, navy and police did lot of horrible things during the war? What about Gania Banister Francis? Would you bin her in the same bucket as those “eye witnesses”… she is Sri Lankan after all right?

  • 5
    1

    That’s our reprehensible, hopeless, rogue filled nation. Culture of deception, corruption, hatred and violence, subtle or outright obvious, breeds rogues and /or roguish sons and daughters. A nation populated vastly by rogues will elect rogues to the government. Every echelon of government will have rogues generously peppered in its staff composition. Every facet and faction of this society will have hate filled rogues thirsting for blood. That’s SriLanka camouflaged by the beauty of mother nature.

  • 4
    0

    Julian Assange has been holed up for many years by the West.
    For exposing state secrets – Why are they secret?
    Julian was doing his job – educating the public as a reporter.

    US _UK release Julian – Australia don’t let down your citizen.

    He has suffered more than enough – This is inhuman treatment by the West.

    Why is the West silent about the embassy killing in Turkey of a US citizen?

    All credit to India who released the Rageeve Gandhi assasins without letting then die in prison.

    WESTERN GOVERNMENTS are HYPOCRITES !!!!

    • 1
      0

      Citizen Silva

      You are very charitable indeed.
      However charity begins at home.
      Those who are being held in prison here would be grateful if you campaign for their release too.

      • 0
        0

        Dear Native,

        Did this Dude Asange blow up innocent civilians including Moms, Dads , Grand Parents and even kiddies with C4 Explosives?..

        Citizen Silva is spot on..

  • 4
    3

    Dr. Hoole,
    While repeatedly accusing the Sri Lankan Judiciary, police, interrogators, investigators etc. of wrong doings, I fail to understand how and where you found “a team of respectable investigators” . Were they introduced to merely justify your claims?

  • 4
    4

    Hey Hoole, this article is indeed intended in causing “public mischief”. There is NO similarity between the two cases. There is NO evidence of physical harassment in the SL case. There was not only legal representatives present in the SL case, the embassy reps were also allowed though the staffer is a Sri Lankan national bound by Sri Lankan law.

    • 3
      3

      Hela,
      You have a point mate.
      Hoole is a fool to compare these two events.

      • 1
        0

        CS@
        Shooting the messenge in the genes of SINHALAYAs.
        Unfortunately, they dont ponder where they went wrong.
        Consequence, we face the same problems on a repeated mode.

        • 0
          0

          CS@Shooting the messenger is in the genes of Sinhalaya

  • 2
    3

    Jeevan,
    When you have sore eyes, everything you see is either reddish or blurred. –> My quote

    Albert Einstein(AE), the greatest physician of all time once said ” We cannot solve our problems with the same thinking we used when we created them.”
    To me, your sore eyes means what AE refereed to as the “same thinking”.
    Jeevan, do come out of the big hole/ cave you’ve dug/ crawled yourself into, like a moray eel, and face the people who are effecting these changes in our society, rather than seeing them through your “sore eyes”.
    There may be intermittent blunders/ mistakes on the way, but don’t you agree that we as a nation are on the correct path?

    Do acknowledge the good deeds, Jeevan, and be a constructive critic along the way, to keep the engine of governance in check, rather than being the “eel in the hole”.

    FYI, I also was educated in an Anglican School like you were, but I do have much a broader perspective of things. As an experienced Engineer and a senior lecturer in the local University system, I do see the latest events in eecutive governance to be much more positive and being leading to more reconciliation of the many ethical groups as Sri Lankans than ever before.

  • 1
    2

    Perhaps, he can’t himself. It seems that, regardless of the subject, SRHH must first view things through the prism of race. At the outset he refers to a ‘Tamil employee of the Swiss Embassy’ when the employee’s race is of no relevance here. And, about the accident on the A20 he states “Eye witnesses will say anything in Sri Lanka driven by communal passion”. No, sir!! Eye witnesses of this sort are not necessarily driven by communal passion. Many things make people behave irrationally. It is a pity SRHH cannot avoid a ‘racist’ slant because that serves to detract from the validity of the main point he makes, with which we cannot but agree – about the decline in the rule of law in SL and how we can no longer rely even on institutions like the judiciary and the police to act properly. We have continuing political interference to blame for that. SRHH has cited two instances of dreadful conduct by members of the judiciary. I find the statement about second instance, of “A Supreme Court justice Haranguing a murdered 12 year old LTTE conscript undergoing rehabilitation at Bindunuwewa” quite puzzling. It suggests that a deceased person had been undergoing rehabilitation! The “team of respectable investigators” to whom SRHH refers is presumably the Darusman ‘Panel of Experts’. They may have been respectable but demonstrated little competence or objectivity and their report was a shoddy bit of work. And, contrary to what SRHH says, they did not investigate for the UN but only for the UNSG Ban Ki Moon, and only reported to him. As for the 40,000 allegedly killed in the final stages, that figure has been shown to be hugely exaggerated but SRHH has accepted it as a fact.

    • 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

    • 3
      0

      On the matter of the Bindunuwewa massacre, I can say without hesitation that it was a master cover-up skillfully manipulated by the crooked authorities who were entrusted with the task. Even today, the truth of the disgraceful events echo in the Diyatalawa valley and the racist perpetrators who killed the mostly innocent young men still walk around the Bandarawela area feted as heroes.

  • 2
    2

    Before displaying your prejudices and ignorance on the incident make sure atleast you know that this woman’s real ethnicity . She is a Sinhalese who went by the name Sriyalatha Perera who became a born again with a name change

  • 1
    3

    This vitriol against country’s judiciary can be called an insult on judiciary regarding a case still under in the courts .
    Infact action can be taken against this one

    • 3
      3

      Sach a fool, this case is being tried under legal procedures of Switzerland and therefore insulting Sri Lanka judiciary which is corrupt and racist is not an offence. I will take a safe bet that since Sri Lanka has decided to stomach ignominy, nothing will happen. So much for the sovereignty of your banana republic ruled by imbeciles.

  • 0
    2

    When the tsunami hit our shores – it was presented as if it only hit the Tamils.
     
    When the easter bombs killed hundreds – it was claimed by the that the aim was to hit the Tamils, and also falsely claimed by the Tamils, that the majourity of the victims were Tamil. Now this Sinhalese woman Siriyalatha who got caught lying and has been duly charged is made into a Tamil victim.
     
    Absolutely everything in this country somehow is turned into a Tamil affair. There is not a single policy made in this country that has not been attacked, hijacked and sabotaged by the Tamils.
     
    The district development policies of education, agriculture and land development etc were all deemed by the Tamils as discriminatory and anti-Tamil policies and attacked and sabotaged by the Tamils.
     
    It is absolutely essential for the Tamils to show that they are suffering and target by the government. This is absolutely essential for their very identity. They see the Siriyalatha incident as a good opportunity to get the international media attention to themselves and whine and moan about Tamil grievances, therefore in their Tamil universe Siriyalatha will be Tamil.

  • 2
    2

    Dr Hool
    1. “Some of the women who accused him of tying up their tubes, said the CID, subsequently became pregnant.” It is comparable to Tamils reported as missing or war dead turning up alive and well in Europe.

    2. “Look at the case of Champika Ranawaka. The CID cleared him some years back and now they are going after the man again.” Quite rightly. Ranawaka’s telephone conversations with PM Ranil Wickramasinghe and IGP Pujith Jayasundera immediately after the accident never featured in the court case which ‘exonerated’ him.

    3. Since you are quite the Sherlok Holmes, here is one for you to investigate. One of the Election Commussinors is occupying a govt. flat forcibly when he is not entitled to and receiving an Accommodation Allowance plus a double Fuel Allowance as he comes from a far away province.

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