SPECIAL REPORT : Part 375
By Shamindra Ferdinando
Many eyebrows were raised when the Geneva-based UK Mission to the WTO, UN and other International Organizations recently referred to one-time Director of the Criminal Investigation Department (CID) Gnendra Shani Abeysekara.
In a brief statement, dated June 22, 2021, that dealt with Sri Lanka, the UK, on behalf of the literally self-appointed Sri Lanka Core Group (whether we like it or not), comprising Canada, Germany, North Macedonia, Malawi, Montenegro and the UK, demanded the safety of Abeysekara. The grouping told the world: “We call for former CID director Shani Abeysekara’s safety to be ensured.”
The Geneva statement was made ahead of Abeysekara’s retirement. At the time Abeysekara retired on June 30, 2021, he was on bail having been arrested, in July 2020, in connection with the alleged fabrication of evidence against former DIG Vass Gunawardena and several others. The latter group had been arrested over the alleged abduction and killing of Mohammed Shyam, on May 22, 2013. Along with Abeysekara, the Appeal Court bench consisting of Justices Nissanka Bandula Karunaratne and R. Gurusinghe on June 16, 2021 also granted bail to former Sub Inspector of CID Sugath Mendis. Both were subjected to strict bail conditions.
Attorney-at-Law K.W. Janaranjana, the editor of Annidda, has meticulously dealt with the killing of Mohammed Shyam, investigations conducted by Abeysekara, the 2019 change of government, the probe taking a new turn, Abeysekara’s arrest and, finally, the Court of Appeal granting the former CID Director and SI Sugath Mendis bail. The full page article authored by the civil society activist, formerly with Ravaya, carried on its June 27, 2021 edition, is a must read.
The UK-led Core Group addressed the Abeysekara’s arrest, pertaining to the alleged fabrication of evidence. Yahapalana Justice Minister Thalatha Atukorale, too, called for an end to what she called persecution of Abeysekara. The Sri Lanka Core Group wouldn’t have taken up Abeysekara’s case in Geneva without being pushed by the Colombo-based civil society group. There had never been such a Western intervention on behalf of a law enforcement officer here, though there were intrusions by individual countries. Switzerland accommodating Abeysekara acolyte Chief Inspector Nishantha Silva and his family in its asylum programme is a case in point. CI Silva, accompanied by his family, left the country just over a week after the 2019 presidential election. Their departure to Switzerland paved the way for those who had been involved in the conspiracy to accuse newly elected President Gotabaya Rajapaksa’s government of abducting local Swiss Embassy employee, Francis Garnier, formerly Sriyalatha Perera.
The London headquartered Amnesty International, in late Nov 2020, expressed concerns over Abeysekara’s safety, in prison, after he was tested Covid-19 positive. According to the AI, the police officer who had been interdicted over alleged fabrication of evidence, in respect of Mohammed Shyam’s case, earned the wrath of the second Rajapaksa government for exposing human rights abuses implicating top politicians.
SC endorses HC ruling
One of the high profile cases, handled by Abeysekara, was the killing of four persons, including former lawmaker Bharatha Lakshman Premachandra, who had been assigned to handle the UPFA trade union activity. The then Attorney General filed 17 indictments against 13 defendants for the murders of Bharatha Lakshman Premachandra, Damitha Darshana Jayathilake, Jalaldeen Mohamed Azeem and Manuel Kumaraswamy, on October 8, 2011, the day of the Local Government Elections, at Himbutana, Angoda. Following an extensive trial, High Court judges Padmini M. Ranawaka and M.T.B.S. Moraes (believed to be in Fiji as a judge) sentenced the defendants to death on Dec 8, 2016. However, the President of the trial-at-bar, Judge Shiran Gooneratne (now in the Supreme Court) disagreed. He acquitted 13 defendants from all charges filed against them whereas Judge Padmini Ranawaka, with Judge M.T.B.S. Moraes, agreeing, acquitted 08 of the 13 defendants from all charges.
At the time of the Himbutana incident, Duminda Silva had been Colombo District lawmaker and Monitoring MP for the Defence Ministry. The other Monitoring MP in that Rajapaksa administration was Sajin Vass Gunawardena, assigned to the Foreign Ministry.
The Supreme Court, on Oct 11, 2018, dismissed an appeal filed by Duminda Silva and the three others. The SC bench comprised five judges. Duminda Silva and the three other accuseds, filed an appeal against the death penalty imposed by the High Court on Dec 8, 2016. At the SC proceedings, the 01st accused, Police Constable Anura Thushara de Mel was acquitted of all charges by the bench consisting of the then Chief Justice Priyasath Dep, Justices Buwaneka Aluvihare, Nalin Perera, Priyantha Jayawardena and Vijith Malalgoda. Thereby the SC reaffirmed the death penalty imposed on Duminda Silva, Srinayake Pathiranage, Chaminda Ravi Jayanath alias Dematagoda Chaminda and Dissanayake Mudiyanselage Sarath Bandara.
However, the releasing of audio tapes of conversations among Abeysekara (he hadn’t been appointed Director CID then), Deputy Minister of Social Empowerment Ranjan Ramanayake, the then High Court judge Mrs. Padmini Ranawaka and President Maithripala Sirisena, in the wake of the 2019 Presidential Election, sent shock waves through political parties, the judiciary, the police and the civil society. Controversy still surrounds the circumstances under which the police received the recordings, secretly made by Ramanayake. Selected tapes were released to both the print and electronic media. Social media prevented efforts to hush up the shocking revelations, pertaining to the Himbutana killings, and the subsequent judgment.
Those in authority conveniently refrained from conducting a proper investigation into the scandalous interventions made by Ramanayake, as well as the conduct of HC judge Mrs. Ranawaka, and Abeysekara, though the police recorded some statements, including that of Mrs. Ranawaka. Parliament, through a statement issued by its Director Department of Communication, Shan Wijetunga, explained its position. That statement dated Feb 7, 2021, based on the decisions taken by the Committee on Parliamentary Business, as regards Ramanayake’s tapes, is reproduced here: “The CDs containing the recorded telephone conversations which were handed over to the Hansard Department of Parliament by MP Ranjan Ramanayake was taken into a lengthy discussion during the Committee on Parliamentary Business held today (Feb. 07, 2021).
Accordingly, the Committee Members directed Parliament officials to submit the alleged CDs to the Speaker of Parliament, Karu Jayasuriya, to examine matters concerning national prejudice, insults directed at elite persons and words which are inconsistent with Parliament.
The Committee then decided that the Speaker should examine it further and take appropriate action. The decision to table the CDs and give access to the MPs was deferred for later consideration.”
Parliament never released the CDs. Karu Jayasuriya’s recent call to grant presidential pardon to Ramanayake should be examined against the backdrop of how Parliament responded to the disturbing revelations and the suppression of CDs.
Meeting press outside Temple Trees
Ramanayake got into trouble for a statement he made outside Temple Trees, on August 21, 2017, following a parliamentary group meeting of the then ruling party. A simmering controversy erupted over the leaked tapes in the wake of the Supreme Court sentencing Ramanayake on January 12, 2021. A three-judge bench, comprising Justices Sisira de Abrew, Vijith Malalgoda and Preethi Padman Surasena, sentenced Ramanayake to four years rigorous imprisonment after convicting him of contempt of court. The Attorney General filed the case following a complaint filed in the Supreme Court by Ranawaka Sunil Perera of 43/11, Walawwatta Road, Gangodawila, Nugegoda. The case has been in terms of Article 105(3) of the Constitution.
Ramanayake got into trouble for a statement he made outside Temple Trees, on August 21, 2017, following a parliamentary group meeting of the then ruling party. A simmering controversy erupted over the leaked tapes in the wake of the Supreme Court sentencing Ramanayake on January 12, 2021. A three-judge bench, comprising Justices Sisira de Abrew, Vijith Malalgoda and Preethi Padman Surasena, sentenced Ramanayake to four years rigorous imprisonment after convicting him of contempt of court. The Attorney General filed the case following a complaint filed in the Supreme Court by Ranawaka Sunil Perera of 43/11, Walawwatta Road, Gangodawila, Nugegoda. The case has been in terms of Article 105(3) of the Constitution.Ranawaka Sunil Perera moved the Supreme Court on the day after Ramanayake accused lawyers and judges of being corrupt.
Rasika Dissanayake, with Sandun Senadhipathi, appeared for the petitioner, on the instructions of Sanath Wijewardena, whereas Tamil National Alliance lawmaker M.A. Sumanthiran, PC, with Viran Corea and J.C. Thambiah, appeared for the respondent on the instructions of D. Vithanapathirana. Sarath Jayamanne PC ASG, with Suharshi Herath SSC, represented the Attorney-General.
But, interventions made by Ramanayake, throughout 2016, in respect of judgment in the Himbutana killings, had never been properly investigated, though Parliament, and the police, received the tapes well over a year ago. The bottom line is that the appalling disclosures in audio tapes had never been subjected to judicial proceedings.
Now Karu Jayasuriya, in his new capacity as the Chairperson of the NMSJ (National Movement for Social Justice), pioneered by the late Ven Maduluwawe Sobitha wants President Gotabaya Rajapaksa to pardon Ranjan Ramanayake, the way he freed Duminda Silva. Following the last parliamentary election, in August 2020, Prof Sarath Wijesuriya gave up the NMSJ leadership for Jayasuriya’s entry. Those who are genuinely interested in good governance and accountability should listen to those tapes and take tangible measures to conduct a thorough investigation into the whole affair. The conversations involving Abeysekara and Ramanayake, President Sirisena, Ramanayake and Judge Mrs. Ranawaka depict a pathetic situation.
Before the writer dealt with the leaked conversations, it would be pertinent to mention that Abeysekara received promotion to the rank of SSP on August 8, 2016, and appointed as Director, CID, in the first week of Sept 2017. Abeysekara served as CID Director till he received a transfer, on Nov 21, 2019, as Personal Assistant to DIG, Galle.
Did Ramanayake speak to High Court Judge Mrs. Ranawaka to influence the murder conviction against Duminda Silva, sans permission from the party leadership? Did the then top UNP leadership ask him to approach judges in respect of various cases? Ramanayaka is also on record phoning High Court judge Gihan Pilapitiya and Magistrate Dhammika Hemapala. Following the disclosure of a fraction of the tapes secretly recorded by Ramanayake, the police compiled statements from Mrs. Ranawaka (retired), Pilapitiya and Hemapala. Let me focus on the conversations involving Mrs. Ranawaka, Ramanayake, Abeysekara and President Sirisena (now SLPP Polonnaruwa district MP. Sirisena remains the SLFP leader).
How Prez’s intervention
sought for promotion
Mrs. Ranawaka had no qualms in declaring that she had no confidence in President Sirisena though she subsequently directly pleaded with him to promote her to the Court of Appeal. Mrs. Ranawaka expressed doubts about President Sirisena when Ramanayake phoned her on July 14, 2016, in the wake of Abeysekara expressing serious concerns over the way the Duminda Silva matter, and related issues, were being handled. Nearly two dozen conversations, involving Ramanayaka and Abeysekara, should be examined without taking them in isolation. According to conversations now in public domain, Mrs Ranawaka asked Ramanayaka to intervene on her behalf when the latter pressed her on the pending judgment on the Himbutana killings. The judge also made reference to the then lawmaker and Attorney-at-Law Ajith P. Perera during her conversation, initiated by Ramanayake. The way the conversation continued, clearly indicated that the call taken by Ramanayake, on July 14, 2016, couldn’t have been the first and they knew each other very well. Mrs. Ranawaka, obviously exploited Ramanayake’s intervention to explore the possibility of moving up the ladder with unbridled political patronage.
Let me stress that Ramanayake didn’t mince his words when he repeatedly sought assurances from Mrs Ranawaka and Abeysekara, in separate conversations, whether they were sure of a guilty verdict in respect of the Himbutana killings. Abeysekara repeatedly assured Ramanayake he was convinced of a guilty verdict. At one point, Abeysekara declared all three judges would take a common stand. Abeysekara had been so confident of the impending ruling, at one point he assured Ramanayake that he was 10,000 percent sure of the verdict. Abeysekara warned Ramanayake of dire consequences if he made any further direct interventions, particularly with Mrs. Ranawaka.
Abeysekara, however, pointed out to Ramanayake that calling Mrs Ranawaka was nothing but a mistake but he cut a sorry figure by pleading with the UNP Deputy Minister not to discuss the issue at hand with anyone, including President Sirisena. Ramanayake ignored Abeysekara’s advice.
After the three-member bench delivered judgment on the Himbutana killings, Ramanayake, on Sept 12, 2017, arranged for President Sirisena to talk with Mrs. Ranawaka. She unashamedly sought President Sirisena’s intervention to secure a promotion to the Court of Appeal. Having repeatedly assured good governance and accountability, the yahapalana grandees caused unprecedented turmoil. In the absence of a proper inquiry at any level, Ramanayake’s interventions in judicial matters were never dealt with.
In spite of Ramanayake’s deplorable conduct, the Samagi Jana Balavegaya (SJB), the breakaway faction of the UNP, had no misgivings in accommodating him on its Gampaha District list at the August 2020 General Election. The SJB cannot absolve itself of the UNP’s culpabilities, ranging from Treasury bond scams, perpetrated in Feb 2015 and March 2016, to failure to prevent the 2019 Easter Sunday attacks, despite being forewarned with precise intelligence.
Former Speaker Karunaratne Jayasuriya, despite always being clad in immaculate lily white national attire, like most shrewd politicians, however failed to inquire into Ramanayake’s sordid vigilante type justice. What we should understand is that he is foremost a politician. Jayasuriya, one-time UNP Deputy Leader and a member of the 2015 UNP parliamentary group, was named the Speaker, therefore his actions/failures can be explained. However, the pathetic failure on the part of the SLPP to initiate an inquiry into the Ramanayake affair, nearly a year after the last general election, is an indication of the utterly irresponsible Parliament, where many a backroom deal is made.
All parties represented in Parliament, particularly the SLPP, and the SJB, with nearly 200 lawmakers in Parliament should take a clear stand on political interventions in judgments. Whatever the shortcomings, those drafting a new Constitution, at a great cost to the taxpayer, should do away with constitutional provisions in respect of presidential pardons and formulate a mechanism for judicial review of previous rulings in case of the emergence of fresh evidence. Presidential pardon shouldn’t be a ‘tool’ available for the executive, under any circumstances. Political parties should reach a consensus on the need to abolish the presidential pardon, as such powers make a mockery of democracy.
But, in the so-called greatest democracy, the USA, even if we leave aside the erratic and unscrupulous behaviour of President Trump and take for example the actions of President Obama, one of the darlings of the liberal media there, he pardoned nearly 2000 felons before he left office At least in the local instance of Duminda Silva, the presidential pardon managed to undo a grave injustice to a man, who was shot first in the head. So the President overturning his murder conviction for the other killings that took place after he was incapacitated, amidst shenanigans involving Ranjan Ramanayake, Shani Abeysekara and Judge Padmini Ranawaka, was the right thing to do.
The government should go for a thorough inquiry into Ramanayake’s tapes. Let us hope Parliament, without further delay, makes all tapes available to its members and takes tangible measures to facilitate no holds barred investigations. The way Abeysekara used Ramanayake to target Brigadier Suresh Salley of the Directorate of Military Intelligence (DMI) is evidence how all stakeholders exploited various situations to their advantage. Abeysekara wanted Ramanayake to set the stage for Salley’s removal. Whatever the circumstances, the then Premier Wickremesinghe unceremoniously removed Salley.
Perhaps, the Foreign Ministry should make available certified translations of all available telephone conversations among former High Court judge Padmini Ranawaka, retired SSP Shani Abeysekara, former lawmaker Ranjan Ramanayake and former President Maithripala Sirisena to members of Sri Lanka Core Group. The Foreign Ministry should seriously consider briefing the Core Group members, particularly the UK, Canada and Germany, to prevent them from further exploiting Abeysekara’s case.
