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A New Year with political fireworks

29 Dec 2019

  As everyone prepares to herald a new year in a few days, the United National Party (UNP)-led Opposition continues to grapple with what seems like a continuous series of issues. Apart from the UNP’s continuing internal strife over the issue of party leadership, members of the UNP-led United National Front (UNF) are facing legal battles over certain actions involving them that had taken place during the last four years. It was UNF MP Patali Champika Ranawaka who was the first to face legal action over a road accident that took place in 2016. The accident where a speeding motorbike knocked on the rear end of then Minister Ranawaka’s vehicle severely injured the rider of the motorbike. The rider was a young boy. Although the case was cleared at the time, the allegations levelled against Ranawaka this time around involved his alleged tampering with evidence. Accordingly, Ranawaka was arrested on the 18th of this month and released on conditional bail last Tuesday (24). Interestingly, when Ranawaka was released from police custody, one of his colleagues, former Minister Dr. Rajitha Senaratne, was to be arrested as the Colombo Magistrate’s Court had issued a warrant for his arrest for violating the Presidential Election Act along with several other violations of the Penal Code. The accusations levelled against Dr. Senaratne were based on organising a press conference on 10 November, a few days prior to the 2019 presidential election where two individuals spoke of white van abductions, detentions, assaults, and eventual murder of victims during the previous Rajapaksa regime. Attorney General (AG) Dappula de Livera had directed the Criminal Investigation Department (CID) to take Dr. Senaratne into custody and present him to court after recording a statement on the accusations faced by him. The AG had also ordered the CID to seek an overseas travel ban for Dr. Senaratne since it would hamper the ongoing investigations. However, by then, the B report presented by the CID to court had stated that the Police had recorded a statement from Dr. Senaratne’s private security officer Saliya Prasith Mallikarachchi, in which it had been mentioned that the two men who had attended the news conference were introduced by UNP Deraniyagala Organiser Ranjith Polgampola. The CID had then recorded a statement from Polgampola, who in turn had said that during the presidential election campaign, another deputy organiser attached to the UNP had introduced them to Dr. Senaratne. It was during the recording of these statements that the CID had come across Rumy Mohomad, who had allegedly funded the press conference. Drama unfolds Acting on the directions of the AG, the CID got court approval for a travel ban on the suspects involved in the “white van” case and informed the officials of the Immigration and Emigration Department of the individuals who had been banned from travelling overseas. The CID then started to search for the two suspects who had given the press conference on the “white van” drama. They were apprehended on the 16th of this month from the Mahara area in Gampaha and brought to the CID to record statements. The two suspects had then revealed all to the CID and shifted all the blame on to Dr. Senaratne. They had said the entire “white van” drama was directed by Dr. Senaratne and the statements made by them at the news briefing were in fact prepared by the parliamentarian. They had also said that it was Dr. Senaratne who had introduced them to one Rumy Mohomad who had given them Rs. 1 million each for participating in the news conference. The CID, after recording the statements, presented the two suspects before court along with a B report. Accordingly, Watareka Gamage Athula Sanjeewa Madanayake and Sakalawalli Arachchige Sarath Kumara were named as the first and second suspects in the case. Dr. Senaratne was named as the third suspect. The two suspects were remanded till Friday (27) by Magistrate Bandara Nelumdeniya. The CID had then filed a separate B report to court, outlining the accusations levelled against Dr. Senaratne, including aiding and abetting a criminal act and providing them safe refuge after they had committed an offence. Dr. Senaratne immediately filed an anticipatory bail application before court on the 20th of this month, which was rejected by court. A second anticipatory bail application was filed by Dr. Senaratne that evening. Court announced that the anticipatory bail application would be taken up on Monday (30). It was last Tuesday (24) that the AG had presented to court a fresh report on the progress of the investigation and sought a warrant for Dr. Senaratne’s arrest in order to record a statement from him. Magistrate Nelumdeniya had accepted the request and issued a warrant for Dr. Senaratne’s arrest. The police officers had first visited his residence at Bauddhaloka Mawatha and, upon being informed that he was not there, had visited his residence in Beruwala, carrying the warrant. The Police had to carry out searches on Wednesday (25) and Thursday (26) for Dr. Senaratne at places he was believed to have visited. Search for Senaratne The Police together with the support of the Special Task Force (STF) on Thursday (26) inspected Dr. Senaratne’s residence located at 22B, Stanmore Crescent in Colombo after obtaining a search warrant. A group of about 12 CID and STF personnel had carried out the search at the Stanmore Crescent residence from around 3.45 p.m. Dr. Senaratne’s wife, Dr. Sujatha Senaratne, had willingly allowed the security personnel to conduct the search operation. The search had concluded at around 5 p.m. and the police personnel confirmed that Dr. Senaratne was not at home at the time. The police personnel had left the premises after thanking his wife. As soon as the search operation concluded, MPs Ravi Karunanayake, Akila Viraj Kariyawasam, Ashu Marasinghe, Chathura Senaratne, and his brother had arrived at the Stanmore Crescent residence. Trade unionist Saman Rathnapriya had also turned up. The Police spent three days searching for Dr. Senaratne until he was finally found at Lanka Hospitals in Narahenpita. By then, intelligence officials were deployed at several private hospitals in Colombo after receiving a tip that Dr. Senaratne was likely to get himself admitted to a hospital. At around 7 p.m., three vehicles had arrived at Lanka Hospitals in Narahenpita with CID officers and several other police officers. Dressed in a short-sleeved white t-shirt and a pair of black trousers, Dr. Senaratne had walked into Lanka Hospitals in Narahenpita at around 7.15 p.m. on Thursday (26). It is believed that Dr. Senaratne was staying at a residence of a senior political figure in Colombo 7 till then. He had worn a cap and a pair of sunglasses as well. He had complained of a chest pain and wanted to get himself admitted to hospital. According to sources at the hospital, he was accompanied by UNF MPs Kariyawasam, Marasinghe, and Chathura Senaratne as well as trade union leader Rathnapriya. President’s Counsel Navaratne Bandara had also accompanied Dr. Senaratne. Dr. Senaratne and co. had made their way to the first floor of the hospital. Cardio specialist Dr. M.R. Mubarak had examined Dr. Senaratne and had admitted him to the Coronary Care Unit (CCU) around 8.30 p.m. A few minutes after Dr. Senaratne had entered the hospital, a team of the CID officers had gone to the first floor of the hospital while police personnel from the Narahenpita Police had remained on the ground floor. Police personnel were placed within and outside the hospital building and security outside the hospital’s CCU on the first floor of Lanka Hospital was also beefed up. The doctor treating Dr. Senaratne had informed the Police that his patient was being subjected to several medical tests and whether he would be in a state to record a statement could be decided only after receiving the test reports. The Police were informed that Dr. Senaratne required medical treatment since he was suffering from stress, trauma, and high blood pressure. Unable to record a statement from Dr. Senaratne, the Police continued to hold its posts at the hospital. MPs Ravi Karunanayake, Wijith Wijayamuni Zoysa, and Mujibur Rahman had arrived at the hospital around 10 p.m. to inquire after Dr. Senaratne’s condition. On Friday (27), MPs Kumara Welgama, Patali Champika Ranawaka, and several others also visited him in hospital. Court rejects request It is in this backdrop that the “white van” case was taken up for hearing at the Colombo Magistrate’s Court on Friday morning. The CID has submitted another report to court on the controversial “white van” news briefing. The two suspects who were remanded in connection with the probe were also produced before court. Deputy Solicitor General Dileepa Peiris who appeared on behalf the AG had informed Colombo Chief Magistrate Lanka Jayaratna that steps would be taken to record a statement from Rumy Mohomad, who had allegedly provided the finances to conduct the media briefing and to hire makeup artists for the event. Court had ordered that the video clips of the press briefing obtained from electronic media institutions be forwarded to the Government Analyst’s Department to examine the voices. President’s Counsel Navaratne Bandara appearing for Dr. Senaratne had noted that there were doubts over the manner in which the complaint was received by the law enforcement authorities over the controversial press briefing. He had noted that at the time the press briefing was being aired, presidential candidate Gotabaya Rajapaksa had not made any statement to the effect that he was victimised by it, but had instead said that the incident had in fact increased in the number of votes polled by him. Bandara had also noted that candidate Sajith Premadasa, who was the real victim of the press briefing, had not made any complaint regarding the incident. The counsel had then said that it is therefore clear that the investigation was being carried out with the aim of arresting Dr. Senaratne. However, the Magistrate had refused the request by Dr. Senaratne’s counsel to recall the arrest warrant issued against his client, saying there was no legal ground to recall the warrant. Bandara had also asked whether his client had been named a suspect in the “white van” case. Deputy Solicitor General Peiris had responded saying that on 24 December, the AG had named Dr. Senaratne as the third suspect in the case and informed Magistrate Jayaratne on the same date when the Additional Magistrate had issued a warrant for his arrest. “The MP was admitted to the Cardiology Unit of Lanka Hospitals and, according to his medical reports, he was suffering from high blood pressure and mental stress,” Peiris had said and requested court permission to get the Judicial Medical Officer (JMO) to examine Dr. Senaratne. The Deputy Solicitor General had added that the CID had recorded a statement from Dr. Senaratne’s physician as well. However, the Magistrate had noted that court could not issue such an order without arresting the respective individual. “The suspect has been charged under Sections 169, 190, 113, 102 of the Penal Code and Section 81 of the Presidential Election Act. These charges are different to those against the first two suspects in the case,” Magistrate Jayaratne has said. The Magistrate had also ordered the two suspects in remand to be further remanded till 6 January over their role in the press briefing. Speaking to the media outside the courthouse, Counsel Gunaratne Wanninayake had said the AG’s Department had sought a court directive to transfer Dr. Senaratne from the private hospital to a government hospital. However, when Dr. Senaratne’s lawyers had explained the seriousness of their client’s ailment, the Magistrate had said the court cannot deny an individual’s right for medical treatment. Referring to the request made for the withdrawal of the arrest warrant, Wanninayake had said the court had turned down the request, stating the request could not be considered since the suspect was not taken into custody. However, the counsel made an interesting revelation to the media. He had said that the AG’s Department had informed court that there were certain shortcomings in presenting evidence against two suspects in the whole “white van” drama since there were discrepancies in the statements given by two witnesses against the respective suspects. According to Wanninayake, the AG’s Department will not be pursuing the allegations levelled against the suspects based on the statements given by two witnesses. Wanninayake had further noted that the Speaker of Parliament had been informed that Dr. Senaratne had been charged under 81 of the Presidential Election Act and would be arrested accordingly. However, the counsel added that the charges levelled against Dr. Senaratne were bailable offences and therefore, he would be granted bail on Monday (30) when the anticipatory bail application was taken up for hearing. Accordingly, on Friday (27), Dr. Senaratne was remanded at 2.10 p.m. till Monday (30) by Colombo Additional Magistrate Shalini Perera after visiting the MP who was undergoing treatment at Lanka Hospitals in Narahenpita. The CID had requested the Additional Magistrate to remand Dr. Senaratne until 6 January 2020, but the MP was arrested till Monday (30). Dr. Senaratne is now being treated at Lanka Hospitals under the custody of Prisons Department officials. A new WC Amidst all the drama of probes, court cases, and arrests, the crisis within the UNP seems to be reaching a crescendo. UNP Leader Ranil Wickremesinghe, who has travelled overseas on a private trip, seems to be out of all the calamities taking place within the UNP as well as the Opposition. It is learnt that Wickremesinghe had first travelled to Thirupathi for divine blessings before making his way to Ooty in the state of Tamil Nadu to relax in the cool weather in the area. In fact, Wickremesinghe left the country a few days after MP Ranawaka was taken into custody and has kept silent since then. The party’s Sajith Premadasa faction continues to agitate for a change in the party leadership. However, the immediate issue to be addressed would be the Constitution of a new UNP Working Committee (WC). The term of the incumbent UNP WC comes to an end this week – on Tuesday (31) to be precise. The Premadasa group tried to push the Party Leader to convene a meeting of the WC before the 20th of this month in order to discuss the need for a change in the UNP leadership. They pushed for a date before the 20th knowing very well that waiting till 2020 would result in a further delay on the discussion due to the need to constitute a new WC. The group even handed over a letter signed by 26 WC members to the Party Leader. According to the UNP Constitution, the Party Leader could appoint 20 members to the WC. However, it is learnt that the UNP Constitution does not outline a specific manner in which a WC meeting could be convened. The WC can be summoned by the Party Leader when required. Nevertheless, there has been an unspoken understanding among WC members that the committee should meet at least once a month to discuss matters related to the party and the overall political situation in the country. As for the party’s parliamentary group, a meeting of the parliamentary group could be convened on the request of a majority of its members. Wickremesinghe is likely to convene a meeting of the UNP WC before its term expires. Be that as it may, the current political situation in the country as well as the need for the UNP to get its act together before the general election next year have also forced some UNP members to push for a one-on-one discussion between Wickremesinghe and Premadasa to resolve the UNP’s leadership crisis. RW to lead However, the leadership of the UNP is unlikely to see a change despite many attempts by the Premadasa faction. In fact, Wickremesinghe’s leadership change is not a possibility according to the party’s Constitution. Being the shrewd politician he is, Wickremesinghe in the run up to the presidential election ensured the stability of his leadership before announcing Premadasa as the party’s presidential candidate. It is therefore pertinent to note that Wickremesinghe had secured his position as the Leader of the UNP until 2025. At the UNP convention held this year to decide on the party’s presidential candidate, a resolution was adopted ensuring a six-year period for Wickremesinghe as the Leader of the UNP. Therefore, Wickremesinghe’s leadership tenure as passed by the party convention would remain for the next six years until 2025. There are only two methods that could be used to change the UNP leadership at this juncture. One is for Wickremesinghe to resign from the post of party leader and the next is for the adoption of a resolution to change the party leadership and appoint a new leader at a special convention of the UNP. Both these options don’t seem easy obstacles for the Premadasa group to overcome. The Premadasa group is once again discussing the option of breaking away from the UNP and forming a separate political alliance to contest at the next general election in the event Wickremesinghe is adamant not to make a change in the party leadership. However, sources close to Wickremesinghe say that the UNP Leader has never stated that he was not prepared to step down from the party leadership. “He only wants to strengthen the party before handing it over to a new leader,” the source said. Nevertheless, it is learnt that Wickremesinghe does not have any intention of handing the party leadership to Premadasa since the latter had resorted to taking his cause public without first discussing with the party leadership. In such a scenario, the UNP’s only option would be to consider a unifying solution in the form of incumbent Speaker of Parliament Karu Jayasuriya. Whether the Premadasa faction would be agreeable to it or whether the group would actually break away from the UNP would be known in the New Year.

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