MIDWEEK REVIEW-A deeper scrutiny of ‘intelligence related matters’ needed
Posted on January 20th, 2021

Courtesy The Island

Public Security Minister retired Rear Admiral Sarath Weerasekera Monday, 18 at his ministry met Justice Minister Ali Sabry, PC, to discuss ways and means of strengthening law enforcement operations. Public Security Ministry Secretary retired Maj. Gen. Jagath Alwis and IGP Chandana Wickremaratne participated in the discussion.

Former Senior Deputy Inspector General (SDIG) of Police H.M.G.B. Kotakadeniya, having read our last week’s column, further elaborated on the revelation by retired SDIG Merril Gunaratne pertaining to what he called the unprecedented expansion of the DIG cadre during Dingiri Banda Wijetunga’s tenure as the President (May 1993 to Nov 1994).

Kotakadeniya, one of the most outspoken senior cop, while in service (if one had cared to canvas his opinion) and now in retirement, said Wijetunga’s intervention had been far worse than mentioned and caused the further deterioration of the service. The retired Senior DIG sent us the following statement in the wake of the writer’s comment on Gunaratne’s latest work ‘Perils of a Profession’, titled ‘Perils of a Profession jolts scandal- ridden police’ published in the January 13, 2021 edition of The Island:

In the chapter, titled ‘Violation of the line of seniority – a major cause for decline,’ it is stated President Wijetunge ordered the DIG cadre to be increased from 19 to 30 and that there was speculation about this increase benefitting an officer who was a favourite of the President. I would like to add two relevant facts regarding this issue.

Shortly after Wijetunga assumed office as the President, in 1993, he summoned me to the Presidential Secretariat. At that time I was based at Police Headquarters as DIG Headquarters and DIG Administration. My parents and I had the privilege of being acquainted with Wijetunga from my childhood as we were from the same village.

When I met the President, he told me that the welfare of Police officers hadn’t been given the due importance and, therefore, to redress the situation he had an idea to appoint a DIG to handle welfare work in each DIG Range. He inquired from me whether I would endorse the proposal.

I reflected for a few seconds and replied that the subject of welfare in each range was being looked after by an Inspector, and therefore the appointment of an officer of a rank of DIG was not quite necessary. The President did not appear to be pleased with my response.

If few days, after this meeting, with the President, I was transferred as the DIG Logistics on 1.10.1994 and thereafter to Chilaw on 4.10.1994. I felt that the move by the President, to appoint several DIGs’ in charge of ‘welfare’, was meant to fulfill his desire to expand the DIG cadre to allow his favourite officer who was very junior, to also become a DIG.

The other matter was that the DIG cadre increase was not from 19 to 30, but much above 40 since the officer concerned was at that time 44th in the list of Senior Superintendents.

Kotakadeniya refrained from mentioning names. The Island inquiries revealed that ironically highly respected Frank Silva had been the IGP at that time and Mahinda Balasuriya the beneficiary.

Kotakadeniya, who had served as Defence Ministry advisor during Mahinda Rajapaksa’s first tenure as the President following the 2005 November Presidential election, was the only retired officer to respond to The Island piece.

Deterioration of the public sector

The deterioration of the police should be addressed at the highest level. Unfortunately, successive governments, in spite of their grandiose plans to restore the dignity of the once proud service caused further deterioration. Political parties cannot absolve themselves of the responsibility for the current predicament.

But at least it is no longer a runaway rogue force, hand in glove with the underworld, due to the current government’s no nonsense line on law enforcers. Yet the current dispensation, too, is still struggling to cope with the situation against continuing revelations on the depth of its rot. The revelation of the clandestine dealings involving the elite Police Narcotics Bureau (PNB) and heroin Mafia sent shock waves through the entire security establishment. Gunaratne, however, hadn’t at least made a reference to the PNB fiasco or the controversial release of Easter Sunday massacre suspect Riyaj Bathiudeen who had been held in CID custody in terms of the Prevention of Terrorism Act (PTA).

Mahinda Balasuriya received the appointment as the IGP in early November 2009 during Mahinda Rajapaksa’s first tenure as the President. Balasuriya resigned in early June 2011 following the killing of a 21-year-old worker, during a protest, by police fire at the Katunayake Export Processing (EPZ).

The government rewarded him with a diplomatic appointment. Balasuriya, perhaps is the only retired IGP to receive an appointment as head of a diplomatic mission in spite of stepping down under controversial circumstances. Balasuriya served as Sri Lanka’s Ambassador in Brazil. With the Parliamentary High Posts Committee, chaired by the Speaker, nothing but a rubber stamp for successive governments to accommodate their favourites, at the taxpayers’ expense, without any difficulty.

Balasuriya received significant media coverage when he was investigated by the Presidential Commission of Inquiry that Inquired into Serious Acts of Fraud, Corruption and Abuse of Power, State Resources and Privileges (PRECIFAC). The yahapalana outfit probed why Balasuriya provided armed police security for members of Wimal Weerawansa’s National Freedom Front (NFF), who hadn’t been at least members of Parliament.

The Commission sought clarification on what grounds Balasuriya provided security in the period 2010-2015.

The Commission estimated the exercise could have cost the taxpayer approximately Rs 30 mn.

Gunaratne dealt with officers with political patronage at different levels exploiting the much abused system to secure promotions. In the chapter referred to by Kotakadeniya, Gunaratne depicted an extremely negative picture of the service.

Let me reproduce verbatim the relevant section that referred to the pathetic situation of some influential persons securing key posts and promotions for stooges at the expense of the deserving: The pattern, so monotonous since 1977, had seriously demoralized the service. Some have been adept not only in the ‘long jump,’ but also in ‘hop, step and jump,’ by obtaining more than one promotion outside the eligible criteria.

Backdoor entry into Parliament

But should we be surprised by irregular police promotions? In a country where defeated candidates can be accommodated in Parliament through the backdoor or ruling party perpetrated Treasury bond scams twice in 2015 and 2016, ‘rape of the seniority line’ as underscored by Gunaratne seemed not so serious an issue. In fact, the rot in the police is just one symptom of the overall deterioration of both public and private sectors.

In spite of the creation of the National Police Commission (NPC) in terms of the 17th Amendment to the Constitution followed by the 19th and the recently introduced 20th, the crisis-ridden department is in bad shape. The PNB’s alleged involvement in drug dealing, Riyaj Bathiudeen’s sudden shock release, alleged attempts to undermine police investigation into Easter Sunday attacks, handling of the probe into negligence on the part of Brandix and government officials in respect of the second Covid-19 eruption highlighted fundamental flaws in law enforcement.

Police continue to play politics and politicians continue to play with the police. Both parties engage in ‘politics’ at the expense of truth and credibility. The Parliament remains indifferent. Yahapalana IGP Pujith Jayasundera, in the wake of the Oct 26, 2018 constitutional crisis caused by the sacking of Wickremesinghe government, immediately switched his allegiance to the Rajapaksas. Jayasundera returned to the fold as President Sirisena’s ambitious project collapsed.

Over the years, politicians have set up systems that took care of problems. Actually, Gunaratne in ‘Dilemma of an Island’ (2001), ‘Cop in the Crossfire’ in 2011 and the latest ‘Perils of a Profession’ launched this January dealt with perhaps some broader issues though a fully-fledged Presidential Commission as suggested by the author is required to reach consensus on genuine remedial measures.

Former Sub Inspector and defeated candidate at the August 2020 general election Palitha Range Bandara recently received the appointment as the General Secretary of the demoralized UNP. Bandara succeeded Akila Viraj Kariyawasam, who was rewarded with the post of Assistant Leader.

Beleaguered UNP leader Wickremesinghe picked Bandara in spite of him being accused often of divided loyalties. But in relation to ‘Perils of a Profession,’ it would be pertinent to mention that Bandara received backdated promotion to the rank of ASP in Dec 2017, courtesy the NPC.

The NPC recommended promotion for cop-turned-politician Bandara to the rank of ASP on the grounds the previous Rajapaksa administration victimized him, politically, though he had left the police long before Rajapaksa came to power in 2005. The NPC made the recommendation to the Law and Order and Southern Development Ministry. The NPC responded to Bandara’s appeal and recommended that MP Bandara be reinstated in the Police Service from 24 August 2000 and promoted to the ASP rank on the 27th of the same month and sent him on retirement. Promoting an SI to the rank of ASP cannot be an issue for those yahapalana grandees who brought back Maj. Gen. Mahesh Senanayake from retirement to name him the Commander of the Army. The National Thowheed Jamaat (NTJ) carried out the Easter Sunday attacks during Senanayake’s tenure as the Army Commander. Instead of accepting responsibility for the failure on the part of the Directorate of Military (DMI) to thwart the NTJ project, Senanayake exploited the police lapses to contest the last presidential election. Senanayake couldn’t poll even 50,000 votes. The results of the Nov 2019 presidential poll placed Senanayake fourth behind JVP leader Anura Kumara Dissanayake.

The yahapalana administration also brought back Rear Admiral Travis Sinniah from retirement to place the Navy under him. However, it is pertinent to mention that Sinniah led some of the most successful operations on the high seas against the LTTE arms smuggling vessels.

Need for clear cut procedures

The government will have to set up specific mechanisms to deal with both law enforcement and military officers claiming political victimization, rightly or wrongly, instead of looking at them through a political lense as has been happening under various governments. Gunaratne mentioned several instances of how retired senior officers brazenly exploited the political setup for their advantage. In the absence of procedures, any wrongdoer can secure benefits at the expense of the truth.

The author dealt with an attempt made by a Colombo-based diplomatic mission to recruit a police intelligence officer in the early 70s. Having named the officer concerned as Ananda Jayasekera, who passed away in 2019, Gunaratne discussed the case that ended up with the then Prime Minister Sirimavo Bandaranaike being alerted to the foreign mission’s bid to run an agent within the State Intelligence setup.

During Mahinda Rajapaksa’s second presidential term, the US Embassy made an abortive bid to recruit Maj. Gen. Prasad Samarasinghe. The offer was made at a party hosted by the then US Defence attaché Lt. Col. Lawrence Smith on January 20, 2011, in honour of a senior officer from the US Pacific Command.

Samarasinghe not only turned down the offer to secure permanent residency in the US for him and his family by betraying the then Defence Secretary Gotabaya Rajapaksa, he promptly brought the US bid to the latter’s notice.

Against the backdrop of foreign powers stepping up their clandestine activities over the years, the circumstances under which Inspector Nishantha Silva of the CID secured political asylum for himself and his entire family a week after the last presidential poll underscored the pivotal importance of the intelligence services keeping a track of developments. Did the State Intelligence Service (SIS) headed by SDIG Nilantha Jayawardena know of the connection between Nishantha Silva and the Swiss Embassy?

Subsequent inquiries revealed a much wider conspiracy involving Swiss Embassy employee Garnier Francis, (former Siriyalatha Perera), the Swiss Embassy and the police officer who prominently figured in the leaked audio tapes of the then UNP State Minister Ranjan Ramanayake. Did SIS at least know the controversial CID investigator’s plan to flee the country in the event of Gotabaya Rajapaksa’s victory at the presidential poll? Did the then Director, CID SSP Shani Abeysekera know of his subordinate’s plan?

If the Swiss government succeeded in evacuating Garnier Francis in an air ambulance amidst accusations that government personnel molested her and threatened her with death, immediately after Inspector Silva fled the country, the issue would have been raised in Geneva at the forthcoming 46th UNHRC sessions as if it was the gospel truth. However, the possibility of the matter still being raised during the Feb-March 2021 sessions cannot be ruled out as the West is quite capable of making an untruth a truth, especially through their ‘independent’ media as happened with Iraq’s weapons of mass destruction or the maligning of Gaddafi just before his ouster and gruesome killing in public.

President Gotabaya Rajapaksa placed the SIS under intelligence veteran Maj. Gen. Suresh Sally. The SIS had never been under a military officer before. The crisis-ridden police are now placed under retired Rear Admiral Sarath Weerasekera as the Minister of Public Security with retired Maj. Gen. Jagath Alwis as the Secretary to that Ministry. The Office of Chief of National Intelligence (CNI), too, has been placed under retired Maj. Gen. Ruwan Kulathunga. In spite of the much tighter hold on the intelligence setup, the government was caught flat-footed when the demolition of the LTTE war memorial on January 8, 2021 in the Jaffna University triggered chaos. The incident placed both Sri Lanka and India in an embarrassing position as the demolition of the memorial took place close on the heels of Indian Foreign Minister Dr. Subrahmanyam Jaishankar’s high profile visit to Colombo.

Although the author made reference to the failure on the part of the police to thwart the Easter Sunday attacks, an issue as important as how the Indian intelligence managed its operations aimed at the NTJ hadn’t received due attention.

Did India alert SIS regarding their NTJ hunt or just provided the finished intelligence product on April 4, 2019, regarding the planned operation? Sri Lanka should be really worried about foreign intelligence services engaged in clandestine activities here, especially against the backdrop of growing US-China rivalry, with the former receiving the backing of India, Japan and Australia.

PLOTE leader Uma Maheswaran killing outside the Maldivian HC in Colombo in July 1989 revealed the possible involvement of the Indian intelligence. The killing took place in the wake of the PLOTE bid to overthrow the then Maldivian President Gayoom at the behest of a Maldivian businessman. The sea borne PLOTE raid went awry even before Indian troops landed there to bring the situation quickly under control.

A deeper scrutiny of ‘developments’ is required as China-US hostilities take a turn for the worse with both seeking to enhance their spheres of influence. The need for the intelligence services to be prepared to face multifarious threats on different levels is of paramount importance. The Easter Sunday carnage is certainly not the first intelligence failure and it wouldn’t be the last.

The assassination of President Ranasinghe Premadasa on May Day 1993 exposed the entire intelligence setup. The infiltration of President Premadasa’s inner circle by the LTTE is perhaps the worst single intelligence failure that proved the importance of the intelligence services being on top of the ‘political game,’ too. For intelligence services, there cannot be a worse period than President Premadasa’s tenure (1989-1993). An ignorant President played pandu with national security leading to the Eelam War II in June 1990 with disastrous consequences. Retired SSP Tassy Seneviratne didn’t mince his words when he appeared before the LLRC. Seneviratne explained how President Premadasa’s interventions caused debilitating losses at the onset of the Eelam War II. The rest is history.

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