Ensuring unity and safety under one flag:

Uniting to defeat vicious forces

Continued from yesterday

Vernon Botejue J.P.U.M. Attorney-at-Law

It is manifestly evident that the human rights activists of the world who are now agitated and incited and activated by the words purported to be uttered or denied by the disgruntled General after his retirement, perhaps were then not in existence or were deaf, dumb and blind to the horrendous acts of murder and war crimes committed by the LTTE in the course of a war against the independent and Sovereign State of Sri Lanka for over three decades.

Direct talks

Sri Lankans light the hope of unity. File photo

Despite the treachery and provocative acts of the LTTE, President Rajapaksa made every endeavour to push forward the ceasefire agreement. He publicly declared “I would like to re-iterate my desire to engage in direct talks with the LTTE”. He publicly emphasized. “War is not my method”.

The action taken by President Rajapaksa against the LTTE is manifestly under section 27 (3) of the Sri Lanka Constitution that enjoined the Head of State and Commander in Chief of the Armed Forces to protect the integrity and independence of the Sovereign State of Sri Lanka against an armed uprising of a group of its own citizens waging war against the State that is an offence under Section 114 of the Penal Code of Sri Lanka, an offence punishable with death. The President is undoubtedly empowered under the law of Sri Lanka to deploy the Armed Forces in the event the Police are unable to deal with the gravity of the situation that four elected Presidents of Sri Lanka were unable to quell even with the deployment of the Armed Services.

It is noteworthy that at that point of time in 2006 General Fonseka who is now accusing President Rajapaksa of corruption and nepotism, was a loyal Army Officer serving under President Mahinda Rajapaksa as Head of State and Commander in Chief of the Armed Services. Presumably General Fonseka had not observed or complained to anyone about what he says now after he has retired from Service. Perhaps the Retired General may defensively now say, that he sees better, after the two political parties the UNP and JVP who have picked him up as a pawn in their game of politics, removed the blinkers that in fact he was not wearing.

It is also noteworthy that General Fonseka had been promoted to the office of Army Commander by President Rajapaksa on the recommendation of his brother Gotabhaya who was and continues to hold office as Defence Secretary.

Perfect co-ordination

Presumably perfect co-ordination and harmony existed among the Defence Secretary, the Army and the Army Commander when President Rajapaksa as Head of State and the Commander in Chief of the Armed Forces in fulfilment of his pledge “to defend by all means the country entrusted to him by the people” and pursuant to the directive principles enshrined in the Constitution of the Democratic Socialist Republic of Sri Lanka in terms of Section 27 (3) commenced military operations against the LTTE terrorists to crush the uprising and rid the country of terrorism.

Unkindest cut

In these military operations the Navy and the Air Force played a significant role as the LTTE abusing the ceasefire agreement in existence had armed itself to its teeth and built up an armada and were building up an Air Force and in fact had carried out more than one air attack.

Viewed in the context of the foregoing cordial relations that prevailed among President Rajapaksa, Defence Secretary Gotabhaya and General Sarath Fonseka, the unkindest cut of all is the alleged betrayal committed by General Fonseka as reported in the newspapers that thrive on sensationalism more than truthful information.

The alleged offence committed by General Fonseka is that he levelled a serious charge against Defence Secretary Gotabhaya by spilling confidential and secret information of the Army to the editor of the Sunday Leader.

But General Fonseka was quick to deny the statement and assert that he has been misquoted. In the circumstances this is an issue of credibility between General Fonseka and the editor of the Sunday Leader newspaper. But it is absolutely unsafe to consider or accept against third parties such contradictory testimony of either party to this issue who manifestly have ulterior motives.

Guilty of misconduct

This is a salutary principle of the law of evidence to be observed.

However since General Fonseka’s utterances, denied or otherwise according to news reports, are allegedly against his Motherland he served, the Defence Secretary and his former fellow officers and soldiers causing serious problems and severe embarrassment to the Government and people of Sri Lanka, manifestly demonstrates conduct utterly unbecoming of an officer and gentleman. The cliche “hoist with one’s own petard” aptly applies in this case. Hence no voter could repose any confidence on such a person. Guilty of such misconduct.

It is manifestly evident that certain newspapers are carrying on a campaign hostile to the administration of President Rajapaksa and continue, to highlight the words uttered or denied by the Retired General. Undoubtedly it is being done with a sinister motive, in a subtle manner by deception to draw the attention of hostile forces to agitate for an investigation of war crimes in Sri Lanka to effect a change of the Government of President Rajapaksa that the LTTE terrorists failed to achieve by not only waging war against the lawfully elected government but in the process committing horrendous war crimes that were totally ignored by the international community including the world body.

It is also evident that forces inimical to the administration of President Rajapaksa who successfully eradicated the LTTE terrorists from Sri Lanka, shedding crocodile tears on the death of terrorist leaders who had no intention of surrendering but had made all preparations to flee the country but whose efforts were foiled by the timely action of the Armed Forces under the direction of the Head of State and Commander in Chief President Rajapaksa are now making efforts to falsely frame and denigrate the good name of Sri Lanka.

Baseless allegations

That the LTTE terrorist leaders had no intention to surrender but planned to flee the country to safe havens pre-arranged by sympathizers is manifestly evident by the fact that for days on end the LTTE sympathizers both in Sri Lanka and abroad were spreading rumours that Prabhakaran was not dead as they did not expect that the escape plans of the leaders would be busted by the Armed Forces to keep alive the memory of the deadly LTTE terrorist organization.

It is manifestly evident that the inimical forces of Sri Lanka are capitalizing on the alleged utterances of the Retired General notwithstanding his denial to, trump up through the mass media baseless allegations of human rights violations and war crimes against Sri Lanka and the administration of President Rajapaksa involving Defence Secretary Gotabhaya Rajapaksa and certain Army Officers that should be vehemently refuted and totally condemned with one voice by all patriotic citizens of Sri Lanka by affirming their faith and confidence in the President to strengthen our unity and ensure our nation’s safety under one flag.