Courageous SPEECH triumphs ‘regime change’: National Day celebrations 2013

Vernon Botejue - Senior Attorney at Law

It was most heartening and inspiring, for those who could not enjoy the privilege of being present at the Sri Lanka National Day Celebrations on February 4, 2013 at Trincomalee, to have the opportunity to watch the grandeur and colourful proceedings of the Day-Telecast over the various channels of TV in Sri Lanka and accessible to the world at large.

Certainly the majestic March Past of the three military forces ‘presenting arms’ to Commander in Chief President Mahinda Rajapaksa who took the salute and in whose honour a salvo of 21 Guns was fired was heart warming and impressive:

Undoubtedly these military men and women affectionately remembered and known as “Rana Viru” deserve all praise and glory and more than that – the grateful thanks of all citizens of Sri Lanka in that by May 2009, under the dynamic leadership of the Commander in Chief President Mahinda Rajapaksa triumphantly saved our motherland from the scourge of a relentless war waged, for over 30 years by LTTE terrorists that destroyed the peace and harmony of the Democratic Socialist Republic of Sri Lanka, in a bid to degrade her Independence, Sovereignty and Unity under one flag and to forcibly carve out a separate Tamil Elam State.

False propaganda

It was touching and heart warming to watch the participation and performance of representative cultural groups of music, singers, dancers and youth including schoolchildren of all communities and creeds from all parts of Sri Lanka Sinhala, Tamil, Muslim, Malay or Burgher demonstrating the unity and strength of our Nation Sri Lanka. The icing on the cake was the address to the Nation by President Mahinda Rajapaksa: Speaking from the depth of his heart conveyed his message in English, Sinhala and Tamil to the citizens of Sri Lanka and the international community in a forthright, down to earth enlightening speech.

President Mahinda Rajapaksa exposed the conspiracies and stratagems of the international community and NGOs in countries hostile to Sri Lanka as well as those who currently have bi-lateral relations with Sri Lanka but act adversely on incitement by LTTE apologists and sympathizers and the Tamil Diaspora in those countries and also in Sri Lanka as evidenced by the news reports published in the newspapers in Sri Lanka.

The President exhorted the citizens of Sri Lanka to be patriotic and not betray our motherland, misled by false propaganda of hostile groups and individuals endeavouring to implement their selfish parochial political agendas to the detriment of the country.

This writer is in respectful agreement and certainly endorses the sentiments expressed by the President that is manifestly evident on perusing the print media and viewing electronic media that has mounted a massive propaganda campaign to effect a regime change through foreign intervention and are funding the local agents to support this endeavour to carry out their sinister diabolical plans.

It becomes crystal clear on perusal of editorial comments and feature articles published in Sri Lankan newspapers quoting utterances of heads of various foreign NGOs and so called Human Rights Champions who are ready to act to effect a regime change in Sri Lanka according to their political agendas: Most certainly this information must alert patriotic citizens of Sri Lanka to stand up with one voice in unity to protect our nations safety.

BASL meetings

Evidence of such threats of ‘a regime change’ is crystal clear on reference to the publication in the Island newspaper published on November 3, 2012 in the features page under caption “Attack on the Chief Justice” quote excerpt verbatim - “It is now up to good members of the Bar Association led by the COPE Crusader, to shed their political and other agendas and like the good nights of King Arthur intervene and settle this matter. They would do well to end any real or perceived hostility among themselves and settle this dispute immediately before the International Agendas of other Agencies could come to the fore with the cry for a ‘regime change’. The voices of the miscreants in the wilderness should be defeated for the common good of the country.”

Thus the COPE Crusader Wijedasa Rajapakse MP – then the President of the Bar Association, responded gallantly to this call, to act like the knights of King Arthur and galvanized the other officers of the Association and the Executive Committee to action to act as instructed on the Brief given to him: Thus highly sensitive political resolutions were placed on the agenda of the BASL meetings summoned without sufficient notice to members given only through certain newspaper publications and not through the usual channel of post.

Thereafter Wijedasa Rajapakse himself proposed and moved such resolutions from the Chair and called for a vote not in the usual manner by show of hands but by a division of the House for members to move on to two sides of the House, thereby causing a physical division of the BASL, that resulted in not ending “any real or perceived hostility among themselves” urged in the Brief referred to above; but aggravating the hostility among the membership even leading to the resignation of the Deputy President of the BASL. An editorial comment in the Ceylon Daily News alerted the country that a ‘Legal Coup’ was in the offing.

Legislature and the Judiciary

Adverting to the proceedings of the controversial resolutions the opinions expressed by the members of the Bar, clearly proved that they were politically divided and were acting on instructions and directions of the political party they belonged to, and not on the merits of the issues raised; For example on the issue of the independence of the Judiciary there is no necessity for division – the provisions of the Constitution enshrines and guarantees the independence of the Judiciary. And woe be unto any one who acts in defiance and in breach of this Law: The penalty is seven years imprisonment and disqualification of civic rights for the same period: thus the Independence of the Judiciary is safeguarded and assured. Ironically there is no written law to ensure the impartiality and integrity of the Judiciary except a legal maxim – Quote: “That Justice must not only done but seen to be done:” President Mahinda Rajapaksa in a recent statement to the media emphasized this.

The Constitution of the BASL Article 2:1 Objects:- provides at sub-clause (c) Quote - “The promotion of good relations and co-operation between the Bar and the public, the Legislature, Judiciary and Executive and Lawyers of other countries.” There should be no division on this object. How can the BASL promote good relations if they divide on the issue of a controversy between the Legislature and the Judiciary? Impartiality and Silence is Golden for the promotion of good relations.

On perusal of the banner headlines in opposition newspapers in Sri Lanka it is manifestly evident that they crave to cause the President as the Head of State and Commander in Chief of the military forces and our ‘Rana Viru’ – Soldiers and Officers to be hauled up before International Tribunals and Courts on charges of war crimes and breach of Human Rights that are fabricated and concocted by the rump of the ruthless LTTE terrorists their agents and supporters who are for example planning to screen the infamous Channel – 4 Video in Geneva and stage street protests and demonstrations in support for the second time. On the issue of war crimes this writer is of opinion that it was the LTTE terrorists, who being citizens of Sri Lanka waged war against the democratically elected government of Sri Lanka and thus committed an offence under Section 113 of the Penal Code punishable with death.

Thus the government was in duty bound to protect the safety of the nation by use of Police action and if that be insufficient to call in the military forces to quell the rebellion. Thus to ignore the serious crimes committed under the penal code by the LTTE terrorists and to accuse the lawful action of the military forces in suppressing the rebellion is a misinterpretation of the Law and certainly a travesty of Justice and an affront to the honour and dignity of the Sovereign State of Sri Lanka.

Channel 4

The Constitution of Sri Lanka makes provision for the President to declare war and peace. Thus the action of the President to crush a rebellion by a section of its citizens is not a declaration of war under the supreme law of Sri Lanka. It is a fact recorded in the annals of history during the colonial British regime how the rebellions were brutally crushed and villages were burnt and destroyed.

It is reported in the newspapers that the three factions – the Tamil Eelam Peoples Assembly led by Perimpanayagam Sivaparan alias Nediyawan in Norway; The Global Tamil Forum led by Father S J Emmanuel in London and the Transnational Government of Tamil Eelam led by V Rudrakumaran in New York are to lead the charge in Geneva.

Prof Dr Rohan Gunaratna in a statement to the media said “although they participated supported and advocated killing of civilians, overnight these individuals have emerged as champions of Human Rights. Citing an example Dr Gunaratna said, “trained LTTE cadre Nediyawan who succeeded Prabhakaran is leading the charge. Operating through the Tamil Coordinating Committee in Switzerland that does not consider the LTTE a banned Organization: Nediyawan has instructed supporters to gather before the United Nations Office in Geneva on March 4 between a set time frame” to protest and demonstrate against Sri Lanka.

It is now manifestly evident on investigations made by the Sri Lanka government into fabricated Channel 4 video the offender behind this concocted effort is the son of the terrorist leader Prabhakaran and other ex LTTE cadres who are gathering to stage a come back through the grace of prominent UN officials in particular Navi Pillay. The name of this UN official strikes a close kindred affinity to the Race of Prabhakaran the LTTE Leader and is evidently motivated and acting on personal communal bias against Sri Lanka.

In the premises this writer is of opinion that legal objection to Pillay’s complaint and participation in her official capacity should be taken on the ground of personal communal bias and also on the ground of the well known legal maxim - “In Pari Delicto Potior Est Conditio Defendentis” translated for the benefit of the layman “If the wrong is equal the defendant benefits”. In other words the law expects the plaintiff or complainant before a court or tribunal or forum to appear with clean hands and not tainted with guilt or bias.

Diplomatic relations

It is clear as day light that the endeavours by these opposition groups is to destabilize Sri Lanka and obstruct and impede the development programme of the Rajapaksa government now in full swing. The so-called UN officials whose names are well known and needs no repetition here are acting on their communalist vindictive personal agendas on material furnished to them by paid agents who provoke them by suppressing the truth and the correct ground situation: Hence the proposals and recommendations of the said UN representatives should be legally rejected in limine on the ground of personal bias and animus injuria an on the legal principle of res judicata as this is the second time the same charge is made.

It is noteworthy that on perusal of the ‘banner headlines’ of the opposition newspapers in Sri Lanka falsely condemning the alleged conduct of the government of Sri Lanka regarding fabricated and concocted acts of omission and commission with dire threats of penal consequences before International Courts and Tribunals of the United Nations, that the UN has become the conduit pipe of USA, Britain and EU and other nations to continue colonial rule and bully the smaller independent sovereign states into submission to make them dance to their tunes.

Thus it is manifestly evident that the primary objects and purposes for which the United Nations Charter viz “To prevent the scourge of WAR” was signed is non est – evidently thrown to the wind: This must alert the smaller States to act in unity to restore the status quo and safeguard their Independence and Sovereignty.

Thus strengthening the ‘Non Aligned Movement’ that existed during the tenure of office of Prime Minister Sirimavo Bandaranaike is not irrelevant in the current context.

Sri Lanka prior to colonization by Portugal, Holland and Great Britain was an independent Kingdom with a proud history of over six thousand five hundred years and ruled by monarchs who lived in palaces of six to seven stories when the people of the so-called big nations of the UN lived in caves and log houses before the industrial revolution.

History records that Sri Lanka had diplomatic relations and exchanged ambassadors with France and Rome, but did not dance to the tunes of those countries. This writer recalls one historic event – when the Sri Lankan Monarch required a diplomat to leave the country due to alleged misconduct. In fact this episode was the theme for a stage play entitled ‘Dascone’.