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by Phoenix

He was subject to trial by media, in which media played judge jury and executioner. But who played the Pontius Pilate? That particular job was for law-enforcement, which has now washed its hands off the entire helping Hambanthota episode.

A Presidential hopeful, Mahinda Rajapakse seemed now in retrospect, compelled to have to go to Court to stall the Helping Hambanthota investigation for the simple reason that there was a campaign to paint him as a thief. The Supreme Court had sat in judgment and returned a considered verdict that law-enforcement was on a campaign not of prosecution but of persecution.

If this is the case, it means that this should be a subject for scrutiny by the Asian Human Rights Commission. Why so? If police was so glib violating the fundamental rights of a Prime Minister, and someone who could be the next President, what of the fundamental rights of the average Janadasa or Gnanatilleke? When the President went to court, his bona fides were also naturally subject to question.

Was he stalling what the media swore was a legitimate investigation? The Supreme Court now has returned the verdict on that. The trial by media was aided and abetted by a police persecution, says the judgment which exonerates the President both in a legal and a moral sense, the latter because the judgment vindicates the fact that he went to court because he felt genuinely persecuted.

The controversial "Helping Hambanthota Fund" episode that volleyed and thundered prior to the last Presidential elections therefore, is similar to the tale of the shriveled monkey's paw that possessed a short lived 'charm'. The consequences were disastrous in both episodes.

It was obvious that the "Helping Hambanthota" issue was made a major controversy targeting one person. That was then Prime Minister, Mahinda Rajapakse. Certainly, it would not have been so, if Rajapakse was not a contender for the next presidency.

We can say that definitely now, in the context of what's stated in the first few paragraphs of this article. Those responsible for this controversy had one objective in mind. That was to have Mahinda Rajapakse arrested to prevent him from being the SLFP presidential candidate. Mahinda Rajapakse faced a similar situation as R. Premadasa of the UNP did, in the period prior to the Presidential election.

The 'affluent' class in the UNP under President J. R. Jayewardene placed many obstacles in the path of Premadasa. They never wanted a 'commoner' to reach the top. But, Premadasa was loyal to his party. He overcame all hurdles. Jayewardene had no option but to hesitantly nominate Premadasa to contest the Presidency.

Rajapakse was treated in a similar fashion. Unlike Premadasa, Rajapakse hailed from a "Walauwwa". But, that "Walauwwa" was located in the South. Hence, the 'affluent' class in the SLFP gave less recognition to that "Walauwwa", which was deemed a 'pretender walauwwa' in contrast to the authentic manor a la Horagolla. In the attempt to prevent Rajapakse from being the possible SLFP candidate for the Presidential race, the 'affluent' classes in both the SLFP and the UNP closed ranks.

The UNP viewed the political character of Mahinda Rajapakse as a threat to its leader, Ranil Wickremesinghe in the contest. Mahinda was known as a popular politician among the masses. Both factions suppressed the fact that it was Prime Minister Rajapakse who spearheaded the relief and rehabilitation operation when the Tsunami disaster struck the nation on December 26, 2004.

It was Rajapakse who set up the "Tsunami Operation Centre" at Temple Trees to assist those affected. Together with the Opposition Leader, Ranil Wickremesinghe he toured the affected areas. Be that as it may, the 'charm' of the 'affluent' class in the SLFP and UNP was well orchestrated.

The 'Helping Hambanthota Fund' was used to target Mahinda Rajapakse. Documents pertaining to the Fund were brought to a central point. Copies of those documents were one day dispatched to a publishing House at Borella. On that afternoon, a telephone message reached that publishing house informing the time the documents would reach them.

Accordingly, instructions were given to the security point to allow the vehicle carrying the documents without check. Another publishing House was asked to collect the documents from a 'high' office in the centre of the city.

Another set of those copies were despatched to the residence of a UNP politico in Colombo the same evening. This was how the "Helping Hambanthota" charm was manipulated. When senior UNPers heard of this plan to target Mahinda Rajapakse, most of them distanced themselves stating that Mahinda was 'good man' and was their longstanding friend.

Seniors refused to join in the attempt to smear Rajapakse. Wickremesinghe had only Kabir Hashim to his rescue. Hashim, as stated in the determination of the Supreme Court that heard the Fundamental Rights violation application of President Mahinda Rajapakse, had no personal interest in the matter but involved himself to secure political advantage at the impending election for his party candidate which would help to portray the image of Ranil Wickremesinghe as being honest in contrast to Rajapakse.

The role played by the police with regard to this issue needs to be looked into by the Asian Human rights commission. Law enforcement merely acted on a letter given by Kabir Hashim. There was no formal complaint made on the allegations based on that letter.

The question arises as to how could police initiate an inquiry without a complaint being recorded. The Inspector General of Police, Chandra Fernando was found guilty on this issue by the highest court in the land and was ordered to pay damages. The following day, IGP Fernando was quoted in a newspaper as saying that the Helping Hambanthota investigation had commenced without his knowledge.

The IGP's statement contradicts the position taken by the highest court in the land. The Chief Justice has categorically stated that the investigation would not have commenced by the CID if the First Respondent, the IGP did not issue a direction.

If the IGP holds firm on the stand that he never directed such an investigation, he should take immediate action against the then Director(CID), Lionel Gunetilleke for acting arbitrarily in conducting investigations into an issue concerning the Prime Minister of the country.

In that context, the conduct of DIG, Lionel Gunetilleke is tantamount to insubordination and it calls for an immediate Departmental inquiry as the IGP had been brought into ridicule before the highest judiciary and the public. Be that as it may, the Chief Justice in his observations had found the IGP guilty of having ordered an investigation conveniently relying on the consultation with the Attorney General to justify the commencement of the investigation.

However, the Helping Hambanthota controversy that volleyed and thundered much prior to the presidential election was short lived.

President Mahinda Rajapakse was cleared of all allegations by the apex court. The controversy was like a short lived 'charm' like the tale of the shriveled monkey's paw.

The consequences were more disastrous for the instigators of the charm than for those on whom they wanted to inflict the charm.

The Inspector General of Police, Chandra Fernando, Deputy Inspector General of Police, Lionel Gunetilleke and UNP Parliamentarian, Kabir Hashim were ordered to pay Rs. 100,000 each in their personal capacity as damages to President Rajapakse in addition to the quantum imposed on the state.

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