Tuesday, April 28, 2015

Duplicity And Blatant Cover Up At Its Best

From The Sunday LEADER
Over several years in politics Ranil Wickremesinghe has built up a following  some admire him for the way in which he has managed to deflect his opponents from within his party  even if has meant that Wickremesinghe has been somewhat dictatorial in his behaviour. As party leader he has filled the Working Committee with his faithful so that when it came to amending the party constitution he was on a planet all on his own. He tried the same stunt when it came to amending the Constitution of the country only to get caught out by those watchdogs of democracy, Messer’s Ranawaka and Senaratne. Ranil, bless his soul, described the attempts to make him the head of government without and to the exclusion of the President, a mistake. Rather like us journos who from time to time rely on typos.

As revealed last week, the great Rajapaksa comeback plan essentially concluded Basil Rajapaksa’s input too. With that in mind, Basil took a rather calculated risk in coming back to Sri Lanka. He would have been patently aware that the timing would be very contentious and that by returning he would be the essential fodder that both Sirisena and Wickremesinghe were waiting for.
There was uproar when it became clear that Basil would be remanded. The mobile networks were overloaded as frantic calls went to and from Rajapaksa supporters. Mahinda tried his best to be remote from Basil’s rerun but hardly anyone believed him  instead knowing that he was but jesting, something he has got quite used to since leaving office a little over 100 days ago.
The Police were adamant that their investigation was based around the Public property act. The implications were quite clear and the goal posts were immediately clear: the government was seeking to remand Basil and usually with matters connected to the abuse of the public property act, there would be no bail immediately. Basil Rajapaksa’s lawyers tried their utmost to get the FCID to let their client go whilst their investigations were still being carried out with the olive branch in the shape of permitting Basil’s passport to be impounded. The newly created division of the Police was not buying any of those pleas, it was something that there was no chance of being discretionary about. In short, the Police were under orders to ensure that Basil was remanded as a means of ensuring that at least some of the public opinion which saw the government being accused of only hot air and nothing else, would be somewhat abated with the arrest and remanding of Basil Rajapaksa. He of course has always been the centre of allegations of financial gain usually in the form of commissions. To date however the government have been unable to file any of those charges against him. In that context the government has been consistent: much of their allegations have been perceived to be more hot air than action.
In the arrest and remanding of Basil Rajapaksa casual and regular observers of the country’s judiciary declared themselves appalled as to the goings on.
In the first instance the Police spokesperson is on record as saying that Basil Rajapaksa was needed in Colombo to give a statement to the FCID as a witness as he was the Minister in charge. It is important to understand the initial requirement: that of a witness statement, not as a suspect.
Rajapaksa of course arrived back in his motherland on his own accord. He was in his own mind and in the eyes of the Police, making a witness statement. The FCID were looking into four charges all relating to the DIvinaguma department which was an amalgamation of several departments. These were the voluntary retirement scheme, the Isurumath Niwasa programme, the Annual Conference for the members and fourthly the printing of the annual newsletter.
After Rajapaksa arrived voluntarily to the FCID and was in discussions it became clear that the FCID wished to charge him instead of merely getting a statement. It was almost too much like a typical Police scam (they tell the suspect something entirely different merely to entice the culprit giving himself up). At that point Rajapaksa said he will need some more time as he would have to get all the documents in order that he give a considered response and he did not wish to be flippant. He was also painfully aware that they were trying to implicate him in a matter that came under the public property act. Too late of course that Basil Rajapaksa realised he had been in essence stitched up!
The crux of the issue was that in respect of the four items in contention the Police claim was that there was no clear instruction from the Treasury asking DIvinaguma to use the funds they already had due to a temporary shortage with the exchequer. In practise even the Treasury does a role like most Sri Lankans. They ask one department to release their funds temporarily and then replenish when able to. And this is the contentious reason why Basil Rajapaksa has found himself a subject of incarceration.
To cut to the chase, the government says that Rajapaksa and the other two did not have permission to distribute money under the DIvinaguma scheme. That the recipients are amongst the poorest in the nation seems to have fallen by the wayside of miscomprehension.
Observers of the legal world and the workings of court were also shocked. They noticed that the Prison bus had arrived in the Court well before Rajapaksa’s attorneys led by U R De Silva gave their submissions. The same sources pointed out that after 4 pm in any given court day the Magistrate is not available. In urgent cases the suspect would be taken to the Magistrate’s home. In this instance and as Mr De Silva told us, “Never in my entire legal career have I seen this court kept open complete with Magistrate and prison bus at 11 pm”. He added, “It is a shocking indictment of the law we practise here.”
The Magistrate had earlier received a visit from a senior man, the DIG Police in charge of the FCID. It has been suggested that he may have forewarned the Magistrate that the course of events had turned and that they (whoever ‘they’ is/are) wanted Basil Rajapaksa remanded. No sooner the Prison bus arrived the Magistrate permitted counsel for Basil Rajapaksa to make their submissions. Nothing they said could turn Magistrate over who only confirmed that they wanted him remanded. At this point it would be fair to state that the Police did not object to bail and neither was bail granted by the Magistrate. Our observer forecast that Rajapaksa was given the hot treatment because the government wished to portray that they did inside 100 days, get at least one big fish.
Mahinda Rajapaksa was more circumspect in his analysis. Calling his brothers legal team he told them they are banging their head on a brick wall in essence. They are doing this to score points he said, they will release him on bail just as soon as the two weeks is up.
It was difficult to gage from the former strongman’s demeanour but that demeanour indicated that Mahinda was not exactly pleased he had come back on this particular date. The Bribery Commissioner  with whom the Prime Minister claimed not to have any role in her appointment  had mysteriously also given dates with a day or two of each other for the other Rajapaksas to also give a statement: Mahinda and Gothabya. Of course the Bribery Commission staff will now travel to meet Mahinda whereas Gotha will need to make regular trips to the Briber Commissioners department.
Many analysts saw a dark and mysterious hand in the dates. Basil arrives, Gotha goes to the Bribery Commissioner, and Mahinda is due to be visited by the BC. However what is most potent is whether or not Mahinda will enter the fray with a third force. What has become clear this past week is that many who have supported Mahinda and Gothabya have changed their mind set about having Basil as their defector campaign manager. They feel that he is excess to requirements.
However the thinking and the betting is that Mahinda Rajapaksa will not go away from the SLFP and will be reined in by the same dark and unseen forces to support the cause of party unity. In the light of what is seemingly happening to his family, he may have little option but to eat humble pie, hear what Chandrika (that woman as he says) has to say and grin and relax for a few more years yet until the time is right before making another play.
In the meantime because the astrologers have told the Sirisena Wickremesinghe combine their stars are now in the doldrums but will perk up in early July that is when it is likely that the President will call for a parliamentary dissolution and go for a parliamentary poll. Karu Jayasuriya is likely to play a key role in that new government.

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