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Sunday, 4 September 2005    
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Consumer ombudsman

by the Consumer watch

Accountability

The senseless killing of Hon. Lakshman Kadirgamar raises several matters of public concern and unless these are addressed even now, late as it is, further tragedies can strike us again and again. Does anyone know who next is on the list.

That the victim was one who earned the plaudits of world leaders and was claimed by one and all as and 'illustrious Statesman', as 'the icon of our time', as a leading lawyer and intellectual and many more such assessments of his worth and contributions both to Sri Lanka and the world, adds poignancy to our irreparable and tragic loss.

The other day a former Ambassador in paying a tribute to him referred to an outstanding contribution made by him in an impromptu speech at an international forum which earned him a standing ovation by all the delegates in attendance. Such was his skill as an orator par excellence.

Above all he was no 'ordinary' politician as almost all others are. He was a principled public personality whose commitment to a United Sri Lanka, the Rule of law and for peaceful co-existence of all people in Sri Lanka was unparalleled. He proclaimed his views without fear or favour. As Mr. Atugoda said in his tribute to the fallen leader, after his speech at the above international forum Mr. Kadirgamar had said "he had taken one more step towards the LTTE bullet".

This shows he was aware of the constant danger he was exposing himself to. The state was not unaware of this danger either; So much so that even when he was not a Minister in the UNF regime, there was no lack of security provided to him.

The Newspapers have since the tragedy of 12th August published photographs of his private residence with the swimming pool and the window from where the fatal shots were fired. He had in fact mentioned according to a newspaper report sometime earlier that a gun could be fired from the window of a neighbouring house.

Thus the apprehension of a fatal bullet being fired from the window of a house closeby was not unknown to him. Yet the comment made by the authorities in charge of his security was that he did not want the neighbours inconvenienced or their houses searched or kept under surveillance.

Assuming this position is correct, is it an adequate excuse for the security authorities not to have searched the neighbourhood regularly or not having kept it under constant surveillance? This is the question we ask.

It was the Sunday Leader of the 14th August that had the headlines on the front page which read Security Lapse led Kadir's murder. Few other papers referred to this aspect at that time preferring to deal with the killing itself.

The Leader says Serious Security Lapses despite severe warnings issued 72 hours before the assassin struck led to the gruesome murder. It goes on to say Kadirgamar had been informed by Government intelligence that his life was under serious threat and was advised to obtain additional security and take necessary precautions. Following these warnings the Minister had sought additional security and the authorities had been informed to provide him with enhanced security".

However the additional security had not materialised though the Minister was on top of the hit List. In fact the IGP and the Secretary of the Ministry of Public Security, Law and Order had advised the Minister not to visit the Bullers Lane residence until such time they carried out a check on the people living in the neighbourhood even though the Minister had informed the Police that the neighbours were very reliable people.

Several matters arise for consideration from this news item which has not been challenged or contradicted up to date.

(1) The Authorities were aware of a possible strike soon;

(2) Intelligence sources despite their systematic elimination since the Aturgiriya Fiasco were yet active and had provided the information to the Police;

(3) The Minster himself was aware of the danger and had sought additional security;

(4) But additional security was not provided. Why?

(5) The need to check the neighbourhood was imperative and the authorities had advised the Minister not to visit the Bullers Road residence;

(6) The Police realised the need to check the people in the neighbourhood even though the Minister had formed the impression that they were reliable.

The primary question that arises is that even if the Minister felt comfortable in his private residence about neighbours very reliable, subsequent events belie his belief.

Note for instance that according to information now in the public domain the following matters:

(1) Preparation would have been made before the strike. This conclusion is reasonable judging by the tripod with a seat that was strategically placed near the window.

(2) That the window grill had been tampered with and covered with paper or cardboard leaving an opening for the barrel of the gun which was fitted with a long range vision lens.

(3) That a branch of a tree that had obstructed a clean view of the pool, had been cut and removed.

(4) The assailant was ready for a fairly long wait hence the biscuit, cheese and murukku.

(5) Would the assailant have known that the Minister would come for his swim so late as 11.00 p.m. in the night. Was there prior information?

(6) How was all the equipment carried upstairs without the occupants knowing, particularly if the access to the upstairs was within the house. The Press has now reported that the Chief Occupant was not even aware of the shooting till the next morning.

(7) Another lethal weapon like the grenade launcher was said to have been discovered among the bushes. This may suggest that there was one or more to assist the striker in case the strike did not succeed.

(8) They got away carrying their gun in double quick time without leaving a trace although several finger prints are now said to have been found at the scene.

(9) With regard to the immediate neighbourhood the newspapers of August 16th refers to the Chief Occupant and his partiality for liquor and that two of his siblings are in the U.K. and that one of them has connections with the LTTE.

If this information was available before the strike, would those in charge of security have so lackadaisical as not to do a detailed and thorough check of the neighbourhood? Although immediately after the LTTE spokesman denied any involvement with this foul deed, the manner in which it has been executed leaves no doubt in the public mind as to who master-minded the strike and the quick getaway.

With everyday that passes the trail can get weaker and weaker and the scent more and more faint. Several statements have been recorded and the investigators are no doubt doing their best to arrest the assailant or assailants and are now following every clue.

Consumer Watch can only hope that the investigations will be successful and the assailant be brought to justice and if convicted, will the Sri Lankan state be so squeamish as not to carry out the only punishment they deserve as presumably no one will want to soil his/her hands fearing a karmic retribution.

The only question that the Consumer Watch wishes to raise at this juncture is the accountability of Public Officials whose responsibility it was to provide adequate security to safeguard this 'national treasure'. The danger was known through intelligence.

A request was made for an additional security but went apparently unheeded. The highly residential neighbourhood was not meticulously searched and a constant vigilance mounted not out of consideration for the inconvenience that could be caused to the neighbours but presumably because the Minister himself had confidence in his immediate neighbours.

Was this an adequate reason or even an excuse for the neighbourhood not having been kept under surveillance? If only that was done, the murder weapon, the tripod, the grenade launchers etc, could not have been smuggled in so easily. There is no doubt the striker or strikers were quite comfortable in the knowledge that they will not be disturbed either before or after the strike - hence the food having been brought in for a possible long wait and the knowledge that they could get away easily without leaving any trace.

The excuse given by the Secretary to the Ministry and the IGP is so suspicious that it does not even bear serious consideration. For them to say that almost 1,000 police officers are engaged in this investigation and that some eight hundred people have been questioned and that their statements have been recorded etc. is nothing but closing the stable door after the horse has bolted.

The scandal of the lack of adequate security, which may well have been known to the LTTE with their superior intelligence (the official residence was we are told being photographed by two persons with connections with LTTE and who have been apprehended) merits a full public inquiry, and those found wanting should be relieved of their responsibilities however high they think they are.

To talk now of fingerprints is but eyewash to allay the public indignation. Let us certainly hope that the investigation will produce something worthwhile that can stand scrutiny in a Court of Law. Or will we in a few days forget all this and move on to other concerns like the date of the next election or date of the Presidential election. The city walls have already been plastered with placards of political aspirants.

We as a nation tend to leave things to luck or good fortune. When things go bad we will look at horoscopes and blame the stars for our so-called Bad times.

Even dates of election will depend on the planetary position of the contenders. We content ourselves at times of a tragedy by saying the Heavens themselves proclaim the death of princes but who is really concerned above taking basic elementary precautions be it a national level or at a personal level?

While claiming that the Ceasefire Agreement has brought peace for the last few years, have we even cared to highlight the over three thousand violations of it by the LTTE while the Government on the other hand tries sedulously to adhere to its terms restraining the Armed Forces from any retaliatory action.

No one says that the Armed Forces should deliberately indulge in violations in retaliation of the systematic and purposeful violations by LTTE, but to deny them the right to act in self defense is to severely demoralize them. Our Policy throughout has been one of unashamed appeasement at every turn.

After this tragedy the Peace Secretariat is now thinking of changes to the Ceasefire Agreement. Why only now? Its violations were well-known and often commented upon. Yet no one had the courage to cry halt to its infringements. Appeasement was the order of the day and will be the policy tomorrow. The leaders tell the nation we cannot win the war. Which leader even succeeded in winning a war by telling his Armed Forces we cannot win the war. No one suggests we should fight or commence the war.

But common sense demands that we be ready for it, should it happen. We wait for a national tragedy to look at the weaknesses of the Ceasefire Agreement. Is there a dereliction of duty?

Consumer Watch is acutely concerned about questions of public accountability of not only public officials but of political leadership and politicians and their conduct.

The brightest star in the political firmament has tragically and needlessly gone out of our ken by gross negligence. Who is responsible and what remedial action will be taken? Or do we wait for another tragedy and hang our heads in shame?

Consumer Watch is deeply concerned with the steady decline in standards of Public morality and with non-compliance with existing laws.

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