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A clear signal
Monday, 13 October 2008 - 2:29 AM SL Time
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In a masterly analysis running into 70 pages, Justice Shiranee Tilakawardene has meticulously dissected the fraudulent Water s Edge transaction which lawyers for the two public interest petitioners, Messrs. Sugathapala Medis and R.M.B. Senananayake, said of corruption. Without benefit of the evidence, painstakingly gathered and presented for the scrutiny of the Supreme Court, the public by and large had long ago concluded that the whole deal was crooked. But people cynically accepted that that is how the papadam crumbles in this sovereign people s democratic socialist republic of ours. No wonder then the evocative Sinhala expression, kaata kiyannada? (Whom to tell?) that is heard with increasing frequency nowadays. But, as this judgment and some others delivered recently have proved, there is a God above and there is the Supreme Court to go to.
President J.R. Jayewardene, whatever his faults and failures, was a leader with a grand vision. He made some big bold strokes during his tenure such as liberalizing the long-shackled economy, telescoping the gigantic Mahaweli project into just a few years and embarking on the Kotte development catalyzed by the building of the new parliament there that took the pressure off Colombo bursting at the seams. It was this last scheme that paved the way for a crony of President Chandrika Kumaratunga, Ronnie Pieris by name, to make some very big bucks with the patronage he received from no less than the Head of State and Head of Government of this country vested with all powers other than making a man into a woman as JRJ once famously remarked.
Kotte, despite its proximity to the capital city, was a sleepy backwater before the grand plan was unrolled. It had its paddy fields and buffalo wallows as well as the pastoral flavour of the rural countryside. While there was highland there, much of its terrain was low-lying, making it a giant sponge performing vital water-retaining and flood protection functions from time immemorial. While the development of this area was indeed an act of a visionary, a very tight regulatory regime to ensure that the baby was not thrown with the bathwater was a sine qua non. Sadly, such a regulatory environment barely exists in this country. In fact the reverse holds true as is evident everywhere, most so in Colombo, where town planning appears to be a matter of history and an inept and corrupt Municipal Council continues to hold sway.
The judgment has faulted the former president for a breach of public trust. Implicit in the determination are failures of organizations like the Urban Development Authority who had a major role to play in matters of this nature. It is a sad but harsh reality in this country today that sycophancy is more the rule than the exception and if the big man (or woman) is keen on something, there are stooges without number running to do their bidding right or wrong. The hoary folk idiom has it that the king s dog is fiercer than the king. So if the boss wants one, two are delivered rules are not merely bent but are mutilated beyond recognition. The judgment analyzes what happened in this case with Ronnie Pieris, the eminence grise in this instance, choosing not to take part in the court proceedings though notice was served on him. The judgment notes that it has been established by his tax declaration that he had profited to the tune of Rs. 60 million from the transaction ``despite having no disclosed association with it.
He and his associates sold the company with the assets, benefits and privileges conferred on it at a fat profit to another party who proceeded to invest in the development to create Water s Edge as we now know it. While the court has ordered the UDA to pay the developer the cost of construction and has also directed that the possibility of moving government agencies, hamstrung by space to the site which is easily accessible from the city and is conveniently located, be explored, it appears that the buyer has saddled himself with a massive loss as a result of the deal. As we have reported today, Mr. Sumal Perera who bought the company, and was a respondent in the case, intends making a statement in the next few days. No doubt he will explain there what his intentions are with regards to those who subscribed to membership of the golf club, bought land there for building homes, employees of the country club-like facility established there and a host of other matters. Without doing violence to the judgment or the sprit of the determination, it may be possible for the UDA to whom the land reverts to deal with the various issues in a practical way. At the end of the day, the legal maxim of caveat emptor (buyer beware) must be ringing loud and clear in the ears of those who will have to count their losses.
Be that as it may, the judgment is a signal to politicians and officials that they are accountable for acts of malfeasance while holding public office or performing public duties. The three million rupees that the former president has been ordered to pay the State will be viewed by some as a relatively minor penalty in the context of today s money value. However that be, the message is clear that official actions of the highest in the land can be subject to objective judicial scrutiny and wrongdoers will be held to account. The court deserves the plaudits of the nation for a timely and courageous judgment and so also the public interest litigants and their lawyers for taking the matter to court. Let us also not forget JRJ who made fundamental rights of the citizen justiciable in his 1978 constitution.
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AnuD
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 14 Oct 2008 02:40:30 GMT Report for Abuse
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| Who knows whether these people deposited money in CBKs overseas accounts. |
p007
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 14 Oct 2008 03:06:46 GMT Report for Abuse
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It has taken 3 years after CBK completed two terms less one year for her to be faulted. But then she gets off very lightly, nay almost scot-free.
Such punishment will hardly deter the likes of Rajapakse Bros. In any case, after two terms of Presidency, the brothers will be beyond the reaches of the Sri Lankan SC happily living it up with their loot.
These criminals must be dealt with while they are in power.
For starters why not some one file a Fundamental Rights case against Bogols who has busted one year's budget in just 6 months with his trips round the world? The Official trips are family outings for him and he picks the most expensive suite in the most expensive hotels for him and his family. How crudely inconsiderate this pole vaulter is?
Shouldn't he be made to pay for the expenses of his family? Couldn't the SC lay down the maximum for his accommodation in keeping with that of the Foreign Ministers of our neighbours like India and Pakistan?
Who will invoke the SC? It is now or never |
kiwikanga
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 14 Oct 2008 03:41:01 GMT Report for Abuse
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P007,
But then she gets off very lightly, nay almost scot-free.
Wasn't CBK fined Rs.30m (or Rs.3m) for abuse of power in the matter? |
p007
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15 Oct 2008 03:12:29 GMT Report for Abuse
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Kiwikanga
Wasn't CBK fined Rs.30m (or Rs.3m) for abuse of power in the matter?)
It was Rs.3.0m which is a lot of money for us and the vast majority in SL. But for CBK and the Rajapakse Bros, isn't it pea nuts? |
kiwikanga
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15 Oct 2008 03:57:53 GMT Report for Abuse
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P007,
For the Rajapaksa Bros Rs.3m will indeed be peanuts, but for CBK wouldn't it at least seem coconuts?!!
Anyway the SC has slapped a punishment on a former head of state of Sri Lanka for detrimental acts done against the Nation while holding the office of President, which is good and I hope it would be an eye opener to even MR.
However it would be interesting to see the court order being adhered to and the fine being paid. With the deterioration of law and order even the courts have found it difficult to operate the long arm of the law as was clearly seen even very recently where the A'pura magistrate had rebuked the police in the way the investigation was being carried out on the Janaka Perera assasination. So if the fine is not paid and CBK treats the order with impunity it will also be interesting to see how the order is enforced by the SC.
The SC rebuked the IGP and the DIG CID for the lethargy displayed in the way they acted in the PB Jayasundara matter. It wouldn't be a surprise if the same lethargy is prevalent when and 'IF' it comes to enforcing the order against CBK on the other hand CBK and MR are not quite on the same wave lenghth and the IGP and the others are simply puppets of the ruling powers and the lethargy of the puppets may seem to vanish!
Edited By - kiwikanga - 15 Oct 2008 04:15:02 GMT |
backbone
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 15 Oct 2008 04:20:51 GMT Report for Abuse
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| Shame on all SLFP supporters,You all produced the Two best crooks to the country.Kumaratunge,rajapakse. Who gonna be the next? go for that too. Cheers. |
Vishnu
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 15 Oct 2008 08:34:55 GMT Report for Abuse
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CBK should be stoned in public.
And her new friends too??
BTW, I didn't hear recently from you guys about economic management capabilities of Ranil's UNP. I could not go without noticing Wikramabahu's joyful comments on USA nationalizing banks contradicting the preachings of World Bank and IMF to other countries.
Why not send our masters of economic management to solve world financial crisis without giving joy to Marxists like Wikramabahu. I'll be happy if it is done, because we hate the guy for other reasons and I'm worried personally on what's happening here in the West.
Any comments? Anuzam? Raigoma?...
Edited By - Vishnu - 15 Oct 2008 08:35:57 GMT |
hmdqbl
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 15 Oct 2008 09:34:33 GMT Report for Abuse
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Vishnu
Isn't it the failure of capitalism when banks are bailed out with tax payers money and the state becomes the shareholder of private banks? |
p007
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15 Oct 2008 11:34:19 GMT Report for Abuse
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Kiwikanga
Thats a good point about the SC Judgment being implemented. Non-implementation will only make the crooks even bolder.
There is little that the SC can do if those who should give muscle to the Judiciary simply ignore the SC. That will be a tragic event in the ever-sliding law and order situation in the country. |
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14 Oct 2008 08:33:13 GMT