The Greatest Betrayal – 10

Fonseka’s double games come to light

by K.M.H.C.B Kulatunga

All these weeks, we have been branding him as a traitor, with evidence. But more solid evidence which prove that beyond any reasonable doubt has been discovered during the past few days. Even after being flatly rejected by the masses, losing the battle for the presidency by a majority of over 1.8 million votes, Sarath Fonseka and his team have been making desperate attempts to project a different picture. What they attempted to project was that Fonseka was the actual winner at last month’s presidential polls and that the UPFA robbed him of that victory.

They also played the sympathy card and attempted to generate an opinion that Fonseka, as the Army Commander during the recent humanitarian operations, is unreasonably being harassed and that the Government should set him free.

In a highly-organised move, the Opposition also attempted to apparently mislead the Maha Nayakas of the Malwatta and Asgiriya Chapters and forced the Maha Sangha to demand the immediate release of Fonseka, who is under arrest for several offences he has committed before and after his retirement. In doing so, the Opposition thought they could capitalise on the course of action taken by the Maha Nayakas and the Maha Sangha to launch a campaign against the Government.

All those who sympathise with Fonseka and call for his immediate release must think twice. One cannot be emotional and put Fonseka above the law of the land. We all agree that Fonseka, as one of the many who contributed during the battle against terrorism, had been a dedicated Army officer. But we see a different Fonseka now, not the Fonseka we knew as the Commander of the Army.

Is it reasonable for politicians or members of the clergy to seek a Presidential Pardon and the immediate release of a person who has committed great crimes and betrayed the nation? True, Fonseka loved the country and the Army sometime ago. But not anymore!

Fonseka, after being influenced by the JVP and with the subsequent backing of the UNP, began to develop many political aspirations.

According to NFF leader Wimal Weerawansa, JVP General Secretary Tilvin Silva has claimed that Fonseka had been in touch with them when he (Fonseka) was in the US as the Chief of Defence Staff (CDS). That clearly shows that Fonseka has been clearing his political path while in uniform and attending sensitive Defence Council meetings.

Fonseka’s double games have now come to light and we cannot treat him as a war hero anymore. How could we treat a man who has betrayed his country and the valiant Security Forces as a war hero? Will a patriot ever think of such acts even in his/her wildest dreams?

It is now crystal clear that Fonseka has exchanged all his patriotic feelings and love for the Army with his presidential election candidacy.

His lust for power and ambitions of becoming the Head of State at any cost have transformed him to a totally new character altogether. This new character is a person who is willing to do anything and everything to capture power.

The people who are sympathetic towards Fonseka and request the Government to release him do not know the volume of damage the retired General has done to Sri Lanka and for the good name of our valiant Security Forces internationally. It was after his infamous ‘white flag incident’ story that the Government had to send Minister Mahinda Samarasinghe to the UN Human Rights Council in Geneva and clarify Sri Lanka’s position.

On the other hand, the notorious transactions made during Fonseka’s tenure of office with his son-in-law Danuna Tillekeratne’s Hicorp Company have now been discovered.

According to Danuna Tillekeratne’s mother, it is Fonseka who had instructed them to keep a staggering sum of Rs. 75 million in four safety deposit lockers at a private bank. That included over half a million in foreign currencies. That alone is a violation of the Exchange Control Act, according to the Central Bank of Sri Lanka. If that had not been black money, why did Fonseka get the mother of his son-in-law to hire four safety deposit lockers and hide the currency notes there? That alone shows that Fonseka has been engaged in raw deals with interested foreign elements who have been dreaming of a regime change.

All those who cry on behalf of Fonseka and seek his release must think twice and ask from their conscience whether they are lobbying for the right cause.

We should not make the arrest of Fonseka a personal matter, but should think of the greater interests of the country. Fonseka is not a political threat to anyone in the Government and there is no need to take political revenge. Fonseka has been arrested purely on the alleged crimes he has committed, putting the country and its Security Forces in danger.

It seems that most people who were rallying behind Fonseka during the presidential election campaign have understood this and have isolated him. That includes Opposition Leader Ranil Wickremesinghe and their political ally Mangala Samaraweera who have opted to contest under the Elephant symbol.

Poor Fonseka will have to pay for his sins. He only has the JVP for his support now. But will the masses accept Fonseka’s new dose of medicine prescribed by a party which had attempted to capture power through the bullet twice? Does this mean that the alleged attempt by Fonseka to capture power during that Cinnamon Lakeside high drama was another attempt at a JVP-style insurgency?

From Asoka Tillekeratne’s bank account :

CID seizes Rs 75 million

by Sandasen Marasinghe

The Criminal Investigation Department (CID) has seized money worth Rs 75 million including foreign currencies belonging to Asoka Tillekeratne, mother of Danuna Tillekeratne in four vaults of a private bank in Colombo.

Police spokesman SSP Prishantha Jayakody made this statement at a press conference held at the Media Centre for National Security last week. The media spokesman said that the CID has directed the matter to the Financial Controller and the Financial Intelligence Unit of the Central Bank of Sri Lanka to find out how this money had been brought to Sri Lanka and for what purpose was this money being used.

Referring to the seized cash, SSP Jayakody stated that it included 527,000 US dollars, 100 Sterling Pounds and Rs 15 million. Following information the CID received, it had obtained a search warrant from the Fort Magistrate and investigated four vaults in a private bank to find the said money belonged to Asoka Tillekeratne.

He further said the CID was seeking permission to deposit the money in the account of the Court.

Referring to the legal situation pertaining to Danuna Tillekeratne’s case, the Police spokesman told the media that the Fort Magistrate has issued a warrant to take Danuna Tillekeratne into custody.

Earlier, the Court had ordered him to make a statement to the CID. Later, without making a statement, Tillekeratne pleaded for anticipatory bail filing an application, but the Court refused his request. The Court issued the warrant last week.

US$ 527,000 in possession of Asoka Tillekeratne:

Exchange Control Laws violated

by Lakshmi de Silva

Asoka Tillekeratne being in possession of US Dollars 527,000 in crisp, unused, dollar notes of serial numbers in logical sequence was a blatant violation of Sri Lanka’s Exchange Control Laws as a person could possess only US Dollars 2,000 legally.

Holding any amount in excess of that amount was an offence punishable by law, Cabinet spokesman Prof G.L. Peiris said.

Addressing the weekly Cabinet press briefing, he said holding such a large amount of undeclared foreign exchange that was earned by illegal or fraudulent means was a criminal offence. Such sums of money could not be legally used and may be used for money laundering. Such illegal foreign exchange may be earned by gun-running or dealing in ammunition or drugs and a responsible government cannot turn a blind eye or sweep an offence like that under the carpet.

The Law had to be enforced by taking the evidence before Courts and how such a large amount of foreign exchange came to be held in bank lockers had to be ascertained the minister said.

The normal procedure was to take a matter like this before the High Court and action to be taken by indictment and no exception could be made to anyone. The Court procedure was done with transparency and no one could say it was incorrect to prosecute an offender.

Answering a question whether the bank in question could not be prosecuted for violation of foreign exchange laws, Prof. Peiris said the suspect Asoka had obtained four lockers at the bank.

The procedure was for the bank to give lockers to customers to put valuables usually like jewellery or deeds and the keys are kept with the customer.

The lockers were not meant to hide mountains of money. Therefore, the bank was not aware of the things she had put into the four lockers and the bank was not liable for prosecution.

These lockers were opened in the presence of Asoka Tillekeratne’s lawyers and officials. There were three different types of currencies in the lockers - US Dollars 527,000, 100 Sterling Pounds and 15,000,000 Sri Lankan Rupees, he also said.

Meanwhile, the Criminal Investigations Department (CID) has commenced investigations into two bank accounts maintained by Danuna Tillekeratne, son-in-law of Sarath Fonseka.

According to Police spokesman, SP Prishantha Jayakody, the CID has found that over Rs.12 million have been deposited at two private banks. He said the CID is investigating how Tillekeratne came into the possession of this money.

BASL condemns protests and demos near SC

The Executive Committee of the Bar Association of Sri Lanka, at its meeting held on February 13, unanimously passed a resolution condemning the recent protest march and demonstrations conducted in the vicinity of the Supreme Court premises and within the Superior Courts complex.

Further, the EXCO noted with concern the attempt made by certain elements to undermine the authority of the Supreme Court by various means contrary to the established norms and procedures in violation of the doctrine of the Rule of Law. The EXCO further decided to request the Chief Justice to take appropriate action to prevent the recurrence of such acts in the future and to take appropriate action against all involved in such activities.

The EXCO further appeals from its members to maintain the decorum and dignity of the profession while maintaining the sanctity of the Supreme Court in whatever endeavours they take part in.

More on the arrest and detention of Fonseka

by K.T.Rajasingham

New facts have begun to emerge about the arrest and detention of Sarath Fonseka, the retired General of the Sri Lanka Army.

According to the Letter of Retirement by Fonseka, dated November 12, 2009, which was forwarded through the Secretary of Defence to the President of Sri Lanka, he wrote that he “was enlisted to the Ceylon Army on Feb 5 1970 and was commissioned on 1st June 1971.

On the 6th Dec 2005 due to the trust and confidence placed on me, Your Excellency was kind enough to promote me to the rank of Lieutenant General and appoint me as the Commander of the Sri Lanka Army...”

According to him, he joined the Ceylon Army on February 5, 1970 and was commissioned as an Officer on June 1, 1971. But in the second paragraph of his letter, he says he served as the Army Commander for “During my command of 3 years and 7 months ...”

Though he was made Army Commander, he was to be retired on December 18, 2005 as he had reached the retirement age. Subsequently, Sri Lanka’s President was kind enough to extend his services consecutively for four years.

In his retirement letter he has asked the President of Sri Lanka, “I have the honour to request that I be permitted to retire from the Regular Force of the Army with effect from 01st December 2009.”

According to the Army Act - An Act To Provide For The Raising And Maintenance Of An Army And For Matters Concerned Therewith) Army Act No 17 of 1949.

Part 1. Organisation of The Army

2 (1) There shall be raised and maintained in accordance with the provisions of this Act and of the regulations thereunder, an army not exceeding such strength as may from time to time be determined by the Parliament.

(2) The Army shall consist of -

(a) a Regular Force

(b) a Regular Reserve, and

(c) such Volunteer Reserve as may be constituted under Section 5 and 6.

In his retirement letter he has clearly said that he be permitted to retire from the Regular Force of the Army”.

According to the Army Act Part VII - Persons Subject to Military Law

34. For the purposes of this Act, “person subject to military law” means a person who belongs to any of the following classes of persons:-

(a) all officers and soldiers of the Regular Force

35. If a person subject to military law commits any military or civil offence he/she may be taken into military custody.

Accordingly, General Sarath Fonseka comes under the military law of the land.

Army Act ( 8 (1) The President shall appoint a fit and proper person to command the army.

(2) The person appointed under subsection (1) of this section shall be designated Commander of the Army.

Army Act 10. Every officer shall hold his appointment during the President’s pleasure.

11. (1) An officer of the Regular Force or Regular Reserve shall not resign his commission, but may be allowed by the President to do so.

(2) An officer of the Regular Force or Regular Reserve who tenders resignation of his commission to the President shall not be relieved of the duties of his appointment until the acceptance of the resignation is notified in the Gazette. Accordingly, the retirement of Sarath Fonseka was gazetted in the Gazette Extra-ordinary No: 1629/14 of November 25, 2009. When he applied for the retirement on November 12, 2009, on behalf of the President of Sri Lanka the Secretary to the President Lalith Weeratunga replied to General Sarath Fonseka on November 15, 2009, stating his retirement has been accepted as follows:

“I am directed by His Excellency the President to acknowledge receipt of your letter dated 12 November 2009, seeking permission to retire from the Regular Force of the Sri Lanka Army.

“I have also been directed by His Excellency the President to inform you that in keeping with your wish to proceed on retirement without further delay as you have already overstayed your date of retirement by four years, you will be retired from the Sri Lanka Army with immediate effect. Consequently, you will cease to hold office as Chief of Defence Staff, also with immediate effect.

“This decision has been arrived at having given anxious consideration to the fact that you yourself believe that H.E. the President and the Government have lost the trust and faith bestowed upon you, as the senior most serving military officer in the country.

“I have been further directed to inform you that you will also be provided with adequate security commensurate with the level of threat.” Sarath Fonseka was the Commander of the Army and later he was appointed as the Chief of Defence Staff. The Chief of Defence Staff Act 35 of 2009 : Section 5: Sub Section 3 Proviso:

“When such officer relinquishes his position as the Commander of the Army, Commander of the Navy, Commander of the Air Force, as the case may be, the officer so appointed shall from the date of such appointment be deemed to continue as a member of the regular force of the respective service which he belonged to prior to such appointment notwithstanding anything to the contrary in the Army Act, the Navy Act to the Air Force Act as the case may be. “

So this clause in the Chief of Defence Staff Act 35 of 2009 amply clarifies that Sarath Fonseka, even while he was the Chief of Defence Staff, belongs to the Regular Force of the Army and comes under the Army Act.

Therefore, when Sarath Fonseka was the Chief of Defence Staff, he continued to be a Regular Forces officer. After his retirement from the Regular Force of the Sri Lanka Army, it became known to the Government that he has committed offences while he was in service prior to his retirement.

- Asian Tribune