KP, Cabraal and Arjuna Mahendran cases:

Masses bewildered over sudden turn of events

by Uditha Kumarasinghe

There is a discernible shift in the legal position relating to certain controversial characters who had been accused of serious crimes. People are bewildered as to how this volte-face took place. The Sunday Observer sought the views of Justice Minister Dr. Wijeyadasa Rajapakshe on this matter.

Q: How is it that the Attorney General (AG) is now taking up the position that Kumaran Pathmanathan alias KP didn’t carry out any terrorist activity?

A: The AG’s stand is that there was no adequate evidence to arrest the head of the international division and the chief procurer of the LTTE, KP and investigations carried out so far did not reveal any crime he had committed. According to my understanding, the AG has not arrived at that conclusion. What he says is that they were not able to find the exact materials so far to prove as to how he was engaged with the LTTE.

It is common knowledge that KP was serving the LTTE. But when the AG has to take decisions to prosecute someone, he should have proof. He cannot simply go to courts and file action.

Q: KP was publicly accused of funding the LTTE. Malaysia cooperated in the arrest of KP and deporting him to Sri Lanka as he was suspected to have had links with terrorists. Your comments?

A: Still investigations are on-going and it is not a matter for the AG to conduct the investigation. The Police will conduct the investigation. Thereafter, if any material comes out of it, the AG will take actions.

There is no doubt about it. I don’t have much details, but the police is looking into the matter.

Q:Investigations of LTTE activities in South India by the Indian Government has concluded that KP was linked to LTTE terrorism in a major way. Has not India asked for KP’s extradition to frame charges related to terrorism. What is the explanation that the government will give to India?

A: The Foreign Ministry is discussing that and we are also having our diplomatic understanding. Actually, it is a matter of time and there will be a decision soon.

Q: What about the millions of Dollars KP is supposed to have handled in funding the LTTE. Is this true?

A: We will have to ask the former regime unless they have not given these details to us. Because the former regime had all the dealings with KP and they know all the details. But officially that has not been transpired so far.

Once it transpires, then we will have to take action.

Q: In the closing phase of the war in 2009, there were accusations that many LTTE leaders including Velupillai Prabhakaran and some of his family members were killed after they had been captured. Now Vinayagamoorthy Muralitharan alias Karuna claims that Prabhakaran had committed suicide by shooting himself.

As Justice Minister, do you regard Karuna’s claim as an end to this whole mystery about the death of Prabhakaran? Can a politician and ex-terrorist such as Karuna who faces terrorism accusations be taken seriously for forensic evidence? What about the official conclusions of Prabhakaran’s death?

A: I don’t believe in what Karuna says. He was an LTTE cadre and an LTTE leader as well. We will only believe what our Security Forces confirm. If it is so, Karuna would have made that statement during the tenure of previous regime while he was holding an important ministerial portfolio of that government. He would have disclosed that information to the government. Why did he wait until that government changed. That shows his dual role. He was also a Senior Vice President of the SLFP during the regime of former President Mahinda Rajapaksa. What has been confirmed by the Security Forces is accepted by the whole world.

Q: As Justice Minister, do you see the need for forensic expert analysis of Prabhakaran’s death, now that this issue has been raised?

A: I don’t think we need to waste time on this issue since Prabhakaran and the LTTE is no more . We will have to deal with the accountability issue with the international community and international agencies. Nobody is raising their voice to find out as to how Prabhakaran died.

Q: If long suspect terrorists such as KP and Karuna have suddenly turned out to be good guys, do you think that the Eknaligoda disappearance could also take a sudden turn away from any criminal implication?

A: I cannot talk on assumptions. It is a matter for the police to investigate and give us the results.

Q: If steps have been taken to seemingly clear KP of terrorism charges, shouldn’t there be similar legal and official clarifications about the suspected “terrorist” records of Karuna and Sivanesathurai Chandrakanthan alias Pillaiyan?

A: Those are matters for the Army intelligence and we cannot comment on it.

As far as the security aspects of the country is concerned, there is information that we cannot divulge to the media.This is not within my ministry’s purview and it comes under the Ministry of Defence.

Q: Will the investigation of Eknaligoda and his possible murder go beyond the immediate perpetrators and identify who was really guilty of ordering such a crime?

A: I cannot comment on this. Because I don’t know any of those matters except for what the police investigations have disclosed.

Being a Minister, I think it is not appropriate for us to make comments or express views while the investigations are on-going. Let the police and the court decide. At present, the police is going ahead with the investigations. But if there ares any further queries to be made, we will appoint a committee or a commission to inquire.

Q: Even in the case of Wasim Thajudeen will investigations go beyond the immediate perpetrators to identify those guilty of this crime?

A: I don’t think we can discuss those matters because those matters are sub judice. We cannot discuss cases which are pending because that will hamper the investigation. On the other hand, it is an interference in the independence of the judiciary.

Q: Court cases pertaining to actions by the previous Central Bank Governor Ajith Nivard Cabraal and incumbent Arjuna Mahendran seem to have been brushed under the carpet. Does this mean that there will be no future investigations on these two officials?

A: With regard to the suspicion, the court will look into the legal aspects.

If there is any violation of the law, it is a matter for the court. Now the Supreme Court has dismissed one of the application saying that there was no irregularity or fraud. That is the legal aspect. We will look into the moral and ethical aspects through a Parliamentary Select Committee, the COPE. If it is necessary, we will go ahead with that inquiry when the COPE is set up.