The Law Is An Ass-I do not mourn for Bharatha Lakshman Premachandra:I mourn for this country that is ours
Posted on October 17th, 2011

Frederica Jansz -Courtesy Sunday Times

Can anybody tell me why Duminda Silva is not shackled to his bed? After all, here we have a man who by numerous eyewitness and published accounts first slapped and then shot Bharatha Lakshman Premachandra.

Even if this account is to be contested, Duminda Silva, at the very least was involved in a shootout, irrespective, of whether or not he pulled the trigger. He is the prime suspect in a murder case. Pray, why has he not been placed under remand custody? Why are there no remand officials standing guard at his bedside?

Duminda Silva – ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”GotaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s manƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ Courtesy: Business Today

The man maybe near brain dead, but the fact of the matter is why has there been no magisterial inquiry? WHY is Duminda Silva not under police custody? He would certainly not be the first man in a hospital bed to have been so remanded. Why does the law waver or flounder for a common thug of the likes of Duminda Silva?

Who is this man? What does he do? Run around with a private army which poses off as his security personnel? Slap and pull out a gun on anybody whose face he simply can no longer bear to look at? Anarkali being a case in point.

Is this the man Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s law enforcement authorities are too afraid to confront? Why is the law quaking to follow its own rules?The fact that Duminda Silva maybe severely injured does not in any way justify the non action by the law enforcement authorities in not taking him into formal custody: one must remember that the deceased in the incident died of multiple gunshot injuries. The living have no right to legal immunity by reason of being alive. It is the dead that need justice. What has become of the Rule of Law?

Communications with the Attorney GeneralƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Department in this connection resulted in nothing. The chief law officer of the State, the Attorney General Eva Wanasundara was not available for comment. All efforts to contact Wanasundara failed, despite The Sunday Leader phoning her office seven times over a period of two days and leaving countless messages. This is why we have no answers to the questions raised in this article. The Attorney GeneralƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s department also appears to be at a loss for words.

We will in the national interest voice what the Attorney GeneralƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s department seemingly cannot do. The law of the land demands equality in its application. Any person implicated in the commission of a cognizable crime must necessarily be arrested and produced before Court and committed to remand custody in terms of the law.

Shame on Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Defence Secretary Gotabhaya Rajapaksa that he spent nearly two hours at the Sri Jayewardenepura hospital as doctors performed surgery on the wounded thug.ƒÆ’-¡ƒ”š‚  That the Defence Secretary, who has publicly denounced this type of violence, spent his valuable time at the hospital, neglecting all other duties of State, biting his nails for the recovery of Duminda who is also said to be a drug dealer and a common hooligan is nothing short of disgraceful. Bharatha Lakshman Premachandra himself accused Silva of dealing in drugs before his tragic demise.

Gotabhaya projects an image of no nonsense and moral rectitude together with a military style efficiency in getting things done. What he was doing canvassing for the likes of Duminda and Mervyn Silva is a disconnect in his personality and public image.

This government in fact would have done well to have shunned the likes of Duminda Silva who has not only been involved previously in pulling guns and using goons to intimidate and threaten but has also been an accused in a case of statutory rape.

In 2004, Acting Colombo Chief Magistrate Wikum A. Kaluarachchi allowed an application by Sub-Inspector W. T. G. Wijesena, OIC, Special Investigation Unit of the National Child Protection Authority (NCPA) to question UNP Western Provincial Councillor Duminda Silva regarding a ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”blue filmƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ found among 34 video tapes which were taken into custody by officials of the NCPA from the residence of Duminda Silva, who at the time was in remand for the alleged rape of a 13 year old girl.

And THIS is the man Gotabaya Rajapaksa plays godfather to.

Following the shootout at Mulleriyawa six suspects and 16 guns were reportedly taken into custody. Why have none of these weapons yet been produced before a magistrate? Is it not probable that the weapons can and could be duplicated given the track record of Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s police force? What is to stop our equally corrupt cops from doing so?

Why has the law been made an ass of in this country? Why does the law remain redundant for some and active for others?

It has been reported that three months ago, Bharatha had complained to the President that Duminda Silva had given a contract to underworld thugs to murder him. President Rajapaksa had subsequently ordered the Criminal Investigations Department (CID) to investigate the alleged murder plot. Two underworld gangsters who were in police custody at that time had given statements to the CID confirming the murder plot.
Bharatha Lakshman had secured a copy of this CID investigation report and informed Rathnasiri Wickramanayake, Minister Susil Premajayantha, Alavi Moulana, Governor of the Western Province, Minister John Seneviratne and some other senior Sri Lanka Freedom Party members about the CID findings.

The Colombo Telegraph in a report said it had learnt from several sources within the ruling party that Rathnasiri Wickramanayake and Bharatha Lakshman Premachandra had met and urged the President to remove Duminda Silva from Kolonnawa and arrest the underworld gangs operating under Duminda three months ago. It was then that the President had stated, ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Duminda Silva is not my man, he is GotaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s manƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚
Three weeks before his murder, Bharatha had met two senior lawyers with a view to initiating legal proceedings against Duminda Silva based on the CID report.

In all of this, what on earth was President Mahinda Rajapaksa doing? We now know. He was simply waiting for another murder, for more bloodshed on his doorstep while he looked the other way. What is one more life after all in this whole culture of impunity? Shame on you Mr. President and shame on your brother Gotabhaya, both of you are a national disgrace.

30 years of conflict have eviscerated the very concept of law and order in this country. From the 1970s onwards, killing became the norm in terms of dealing with subversion and dissent.

However in this era of peace the tendency of the state apparatus towards brutal and arbitrary violence has become a glaring anachronism.
Last year, the crackdowns on the underworld with it summary executions and bodies displayed in public rather than creating a belief in the restoration of the Rule of Law only generated a profound sense of unease regaring the state of law and justice in this country.

That the stateƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s only means of dealing with suspected criminals is cold-blooded murder reveals the profound lawlessness that pervades the institutions; the courts, the police and the parliament.

The number of criminals killed while supposedly revealing their hidden weapons has become a dark joke as has the entire idea that this country maintains a functioning criminal justice system.

In a sense, the situation is like that of an amputee who reports the presence of a phantom limb. We believe the police, or justice system should uphold the countryƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s laws. These once did exist. But the glaring and horrific reality is otherwise. In Sri Lanka there is a gaping void between justice and the adherence to law by organizations tasked with upholding them.

This latest shootout at Mulleriyawa has brought to light what has been the reality for decades ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…”the rule is no rule and that force is the only solution to any problem of law and order. That this force is directed so widely and so arbitrarily is now a very profound problem in itself.
Initially, the countryƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s brutalized public responded positively to the spate of executions and the general consensus welcomed murder as an effort to cleanse society of its underworld. But the incident in Mulleriyawa has made it patently obvious that the culture of impunity prevalent in the forces of law and order ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…”the taking of life without trial or consequence, threatens not only notorious criminals but society as a whole.

This will surely not be the last shootout Sri Lankans will witness courtesy of our politicians. Remember the unscheduled performances we have all been witness to on some of our TV channels by deputy minister Mervyn Silva. This behaviour would have left no doubts among foreign observers about the state of human rights in this country, while it also increased growing fears among Sri Lankans that there is no protection for them against marauding ruling party politicians and their officials.

Recall how Mervyn Silva instructed his cohorts to tie up a government officialƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬‚a Samurdhi Niyamaka ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” to a tree with a rope he had brought along and humiliated the hapless official before the public. The ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”crimeƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ committed by this public official was that he had not attended a conference called by the minister for the eradication of the dengue carrying mosquito. This kind of medieval punishment imposed on public officials is unheard of in contemporary times.

The pint sized politician with his king sized ego apparently had informed TV channels of his intended derring-do and wanted it recorded for public exhibition. Silva was seen posturing before the hapless man and barking orders into a cellular phone before he took off in his vehicle. The next day, he told parliament that the official concerned had voluntarily subjected himself to this treatment. The victimƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s colleagues thought otherwise and staged vociferous demonstrations against Silva the next day.

Was this not a serious assault on the Rule of Law and did it not violate the constitutional provisions of Article 11 of the Constitution which hold that no person could be subjected to torture?

This is quintessential mob rule. Under normal circumstances, can a citizen be humiliated in public by being tied to a tree and the sadist be allowed to go free?

This is not the first time that Silva has committed such outrageous acts and been immune from state action. The case when he stormed the Rupavahini Studios with thugs to attack a director of news and irate employees justly turning against him, and the incident was aired live on their channels, is all too well known. There are other instances where this Mickey Mouse character had attempted Rambo like acts and got away because of his official position. The question whispered by the cowed down public is: Why does President Mahinda Rajapaksa tolerate this blatant thuggery? In fact he seems to encourage it because in his second term as President, Silva had been given a post of deputy minister. Pray, for what public service performed has this post been conferred on him?

And why does Silva keep repeating these idiotic performances which even a jackass would refrain from doing? Rightly or wrongly it is being whispered that all these are performances produced and directed by Rajapaksa Bros. & Co to divert attention from greater problems faced by the people.

It is inconceivable that a government which boasts that it has now reached the status of growth of a Middle Income Country would smear itself with charges of medieval torture and mafia style shootouts. But wittingly or unwittingly it is happening. Mervyn Silva and his counterpart Duminda Silva are by all accounts kicking into the Rajapaksa goal.

We seem to be on a roller coaster ride to anarchy. Oh! What a waste!

ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Blood and destruction shall be so in use,
And dreadful objects so familiar,
That mothers shall but smile when they behold
Their infants quarterƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢d with the hands of war;
All pity chokƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢d with custom of fell deeds
ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦.shall in these confines with a monarchƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s voice
Cry havoc!ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ and let slip the dogs of war;
That this foul deed shall smell above the earth
With carrion men groaning for burialƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚
ShakespeareƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Julius Caesar

I do not mourn for Bharatha Lakshman Premachandra: I mourn for this country that is ours.

19 Responses to “The Law Is An Ass-I do not mourn for Bharatha Lakshman Premachandra:I mourn for this country that is ours”

  1. NeelaMahaYoda Says:

    First they came for the Communists but I was not a Communist so I did not speak out. Then they came for the Socialists and the Trade Unionists but I was not one of them, so I did not speak out. Then they came for the Jews but I was not Jewish so I did not speak out. And when they came for me, there was no one left to speak out for me.
    Martin Niemoeller
    Dear Asoka Weerasinghe, Ira De Silva, Douglas Wickremaratne, and others in Australia
    Please stop protecting these criminals and let the international community bundle them out from Sri Lanka for war crimes if they can not protect the fundamental human rights.

  2. aravinda Says:

    Murder of Lakshman Premachandra has highlighted the need of the hour. GO AFTER THE GUNS. We can not allow Sri Lanka to fall in to same category as USA, which is virtually lawless because of the GUN CULTURE.

    It looks like Fredreica Janz was able to visit the hospital to see alleged suspects progress. How else did she see Gatabaya biting his nails? Is’t she lucky she lives in Sri Lanka, where you could freely criticize the President for a folly he has no part in. She should try this in USA, where media is self-censored.

  3. Voice123 Says:

    Fredrica Jansz, speaking as an Australian citizen, allow me to share some traditional Aussie wisdom with you:

    We would never invite foreign politicians or organisations to criticise our own elected politicians, however rotten we perceive them to be. Yes, we have an extremely ruthless mafia here, as well as drug cartels, corrupt cops, organised child molesting gangs, blue film manufacturers, and all kinds of low lifes that execute their rivals with depressing regularity. Its not cricket, but I daresay our cocky Aussie underworld figures would be confident they could kick your piss-weak Sri Lankan mafia’s arse!. However, as a nation we generally believe that we are quite capable of dealing with these problems ourselves. Why would we invoke intervention by the faceless gods of the “international community” when we dont even know their credentials? If you think your country is so bad and you cant contribute to its development, do your people a favour – just leave.

    Foreign wisdom – must be good no?

  4. geoff Says:

    Thank you Lankaweb for taking a bold stand on this. A nation will suruive thanks to your bold stand.

    We all know who FJ is.

    But lets look at the facts she writes here. Any idiot can state facts and just because it comes from an idiot does not make facts fallacies.

    Those who fight Sri Lanka’s propaganda war against war crimes look like fools in the eyes of the international community if the defence ministry doesn’t take any action against Duminda Silva. I request them to force the government to uphold the law and hold their work until it is done. Otherwise they lose face.

    What the international community will see is defence secretary’s men go killing people and nothing happens.

    This puts General Shavendra Silva, etc. in a very difficult position.

    Our brothers sacrificed their lives to bring just peace and a loser with a criminal past who never went to war became an advisor to the defence secretary and start discrediting our armed forces.

    Should we allow this?

    Real war heroes are behind bars and struggling to tell the international community they didn’t do any war crimes while the defence ministry protects criminals.

    This is a very serious thing. I hope other patriots understand this.

    We successfully argued that the “execution video” was LTTE cadres stripping off army captives, wearing their clothes and executing them. After that the international community dropped it.

    But now Duminda Silva and Mervin Silva go executing people.

    Please support a campaign to force the government to bring Duminda Silva to justice. Otherwise the whole country loses credibility, especially innocent security forces because of the conduct of their boses.

  5. geoff Says:

    I agree with Neelamahayodaya.

    We have to stand up and tell the defence secretary to punish this criminal or we will punish him.

    Enough is enough.

    The defence secretary should protect us not terrorists. If he cannot do that he should face war crimes for harbouring war criminals including Duminda.

  6. geoff Says:

    So Telli Rajarathnam was also praying for Duminda Silva!

    There goes his credibility down the pit.

    Please Sri Lankans, for the love of your motherland, for the love of your mothers, for the love of our security forces and their good name, lets get together to correct the defence secretary. If he continues to harbour criminals including war criminals lets take him to task.

  7. radha Says:

    Three cheers to Lanka Web for its courage. Who is ultimately responsible for the impotency of the AG and law enforcement agencies for the dastardly acts of Kudu Duminda and Merving the midget. Causal chains obviously point to those people who employ the two trouble makers and one impotent AG. No need for many guesses. The picture speaks itself.

  8. Raj Says:

    Well Fredrica Janz, we all know who you are. The anti sri lankan, anti buddhist, anti rajapakse editor of the Catholic NGO funded sunday newspaper. The inquries are still going on so don’t jump the gun. You are a person waiting to find an error, if there is one here, with the Rajapakses, to complain about. You will be the first person to applaude if the LTTE diaspora managed to get the international community to try Sri Lanka for war crimes. You are a person, at least your paper, who supported terrorism, and must be very sad that Prabakaran is dead. You are no lover of sri lanka, everyone knows it. When is the last time you reported a good thing about the development, not having bombs, cleaner environment etc, etc.

  9. Lorenzo Says:

    Geoff,

    Are you in a trance, possessed or what? Calm down. Things are not done that way.

    DS may be a criminal but not a war criminal. The 2 are different.

    How about we start a campaign or whatever to bring ALL the criminals to justice and change the system so that these things won’t happen again instead of vying for the blood of the Def Sec.?

    He is still innocent and yes without sin. I see no reason to drag him in.

    Duminda Silva’s crime when he was in the UNP was not blamed on Ranil who also has similar crimes (both types against children and Batalanda). So why blame this crime on Def Sec?

    Def Sec attended hospitals when LTTE cadres were hospitalised and ensured their welfare. So it doesn’t surprise me he goes to a hospital to see Silva.

    We have to get Silvas behind bars. No argument.

    But lets work with the people to do that. Pandering into war crimes will not solve this issue! :)

    Yes I too appreciate Lankaweb taking a stand on this (as it has always done).

    We should resolve this WITHIN patriotism. Running into the fox’s hole claiming the sky is falling is not an option.

  10. Dham Says:

    FJ is dropping corcodile tears. We should ask her to get lost first.
    This king of criminal activity came from the west and is very common day to day activity in Australia (eg. Melbourne under belly) , USA (everywhere, just watch TV).
    Silva’s shoudl be behid bars ( excluding Gon Silva) , I agree.
    Suddas brought Guns to world, do not forget.

  11. OaO Asithri Says:

    If Fredrica had her way, today the Tamil racist-separatist-terrorist LTTE would be ruling over 60% of the coastal-ring and over 35% of our beloved Motherland! So let us be EXTREMELY CAUTIOUS when this type of pro-LTTE individual comes here and pontificates to us on what’s good and bad for our nation.

    Sure, thug-politicians are long overdue for removal, but when someone who is a confirmed TRAITOR such as this Fredrica dabbles in this topic, one cannot help but think the motives are HIGHLY SUSPECT. Truly, makes one wonder if this is not yet another “white flag” opportunistic-insidious attempt to tarnish this LTTE-eradicated GOSL and that frankly, and sincerely, she could not care a hoot about anything else!

    Yes, a woman whose exclusively-for-Colombians rag “Sunday Leader” did everything possible to discredit and demoralize our brave Ranavirus during that critical hour when they needed nothing but our unreserved, loyal support, in my view, deserves no respect or attention.

  12. Fran Diaz Says:

    And how about Gonawela Sunil of yesteryear ? In all fairness, Fredricka Janz ought to write on how he was ‘rescued’ too, by another VIP.

  13. Lorenzo Says:

    FJ will not write about Gonawala Sunil because he was rescued and later married by none other than Ranil W!

    Or even Soththi Upali.

    Talking about selective justice!! :)

  14. Kit Athul Says:

    Loranzo, let’s give little credit to FJ. She was the only one to Name the names. All article writes Lakbima, Maubima, Sunday Leared, Island: none of editorial writers named the names. After FJ’s editorial even the Some human rights person is calling for Dumida Silva’s arrest.

  15. Lorenzo Says:

    Kithsiri,

    No. It was revealed by others (need not be editors) before her. She politicised the whole thing as she did with the white flag thing.

    But the 2 Silvas should be behind bars. No argument.

    Do you knwo why they (2 silvas, SB, Wijesekera, etc.) behave like asses?

    They are cross overs and they WILL cross BACK over when the government changes. So they will be in power forever which means they have nothing to worry about. Others are scared to do these things because they will get the return when not in power. But not the Silvas.

  16. Kit Athul Says:

    Loranzo thanks again, Now I get a clear picture why these drug dealers are in parliament. President cannot be without them to have a majority! Some say Duminda Silva is faking his injuries.

  17. Marco Says:

    FJ did infact name all of them.
    The likes of the Daily Noise and Shamindra of the Island were cowards to even report the incident until the populace were up in arms as to why on earth is Dumindra is not even questioned never mind arrested but given a right royal treatment.
    Hell will freeze over if there is even an impartial investigation.

  18. Lorenzo Says:

    Kithsiri,

    “Loranzo thanks again, Now I get a clear picture why these drug dealers are in parliament. President cannot be without them to have a majority!”

    No. This is a misconception.

    Suppose DS dies (he should now) or is sent to prison. Then what happens? Then the next in line in the preference list comes to parliament.

    So you don’t need these garbage to have parliamentary majority.

    Yes he is FAKING his injuries. He didn’t have ANY LIFE THREATENING injuries in the first place. And he was NOT going through any life saving surgery. And Gota was not biting his nails in hospital because there were no injuries on DS that needed such medical attention!!! FJ is lying from her cunt.

    All these are fake stories calculated to give the FALSE impression of “self – defence”.

  19. geoff Says:

    So Janz is the murderer now?

    You people are funny.

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