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Saturday, February 08, 2025

AG’s Department clarifies Lasantha Wickrematunge murder investigation

 AG’s Department clarifies Lasantha Wickrematunge murder investigation

Saturday, 8 February 2025 

  • Denies media claims, stating investigations still ongoing 
  • Clarifies suspects mentioned in recent letter to CID Director are not same as those arrested earlier 
  • Cites legal weaknesses in identification process as key factor in decision
  • States three suspects – Prema Ananda Udalagama, Tissasiri Sugathapala and Prasanna Nanayakkara – were acquitted due to lack of evidence 
  • Stresses criminal charges could still be filed if new evidence emerges


The Attorney General’s (AG) Department yesterday issued a statement refuting recent media reports regarding the suspects in the Lasantha Wickrematunge murder case, emphasising that the investigation remains ongoing and has not reached a conclusion. It clarified that the individuals referenced in a letter dated 27 January, sent by the AG to the Criminal Investigation Department (CID) Director regarding case no. B92/2009 before the Mt. Lavinia Magistrate’s Court, are not the same suspects arrested in connection with Wickrematunge’s murder. 

It further noted that recent media and social media narratives surrounding the case did not align with official investigation extracts submitted by the CID. 

The statement added that the case took a new turn in 2015, six years after Wickrematunge’s assassination, when his driver, who was not an eyewitness of the murder, provided a fresh statement to the CID. According to this testimony, the driver claimed that he was abducted by an unidentified group in late 2009. This alleged incident was later brought before the Mt. Lavinia Magistrate’s Court and the authorities proceeded with legal reporting on the matter.

During the investigation, Prema Ananda Udalagama was acquitted due to insufficient evidence to support criminal charges. 

The AG’s statement cited legal weaknesses in the identification process as a key factor in the decision. Similarly, two other suspects – Tissasiri Sugathapala and Prasanna Nanayakkara – were also acquitted, despite their alleged involvement in the disappearance of a document that was inside Wickrematunge’s vehicle at the time of his assassination. 

The AG’s Department emphasised that lack of evidence was the determining factor in all three acquittals. 

Despite these developments, the AG Department’s statement underscored that the possibility of filing criminal charges remains open should new evidence emerge. 

Wickrematunge, the Founding Editor of The Sunday Leader, was assassinated on 8 January 2009, in a case that has become emblematic of the dangers faced by journalists in Sri Lanka. Despite repeated pledges by successive Governments to deliver justice, the investigation has seen only little progress over the years🔺

The ‘Lasantha case’; a government caught in the glare of hostile headlights

The ‘Lasantha case’; a government caught in the glare of hostile headlights 

What is most remarkable about the directive by the Attorney General to discharge three key suspects relating to the magisterial inquiry on the 2009 assassination of Sunday Leader editor, Lasantha Wickrematunge, easily one of Sri Lanka’s most emblematic cases of political impunity at the highest levels of political and military command, is the (apparently) stunned surprise of the state law office at the heated public controversy that has ensued in its wake.

 An eminently predictable uproar

Surely what else could have been expected? That the discharge order, curiously if not bizarrely communicated under the hand of the Attorney General himself to the Criminal Investigation Department (CID) on 27th January 2025, would not have been ‘leaked’? Perhaps that may have been the case earlier but scrutiny of such acts by a bitterly angry public is at an unprecedentedly high level.

It would have been naïve to expect otherwise. That being said, it needed an extraordinary amount of gumption and guts (pejoratively speaking) for the first law officer of the state to have put his personal stamp on a communication of this magnitude. We will not belabour that point for the moment. Making the uproar worse was a (reported) response by a representative of the state law office to protestors who camped outside the Office on Thursday, that it owes no explanation to the public.

Hot on the heels of that defensive reaction, the Office issued a ‘clarification’ on the discharge order. In an obvious attempt at ‘damage control,’ the ‘clarification’ claimed that the ‘leaked’ discharge order was not an accurate reflection of the communication in issue to the CID. Further, the discharge of the three suspects related to an ‘alleged abduction’ of Mr Wickramatunge’s driver, (who was not an eyewitness to the murder), which was recorded six years after the incident.

 Problematic political ‘promises’

Due to an ‘error’ in the identification parade, there was an insufficiency of evidence against the suspects leading to the discharge, it was explained. It was also assured that the discharge will not bar the re-filing of ‘fresh charges’ based on ‘new evidence.’  This discharge did not relate to suspects implicated in the murder of Mr Wickrematunge which is ‘on-going,’ we were told (despite an astounding period of fifteen years passing). Both incidents were referenced by the same number, B/92/2009.

Unsurprisingly, this clarification did nothing to assuage the public uproar. Meanwhile, the National Peoples’ Power (NPP) Government, caught off-guard as much as the Attorney General, resembled a startled deer trapped in the glare of the headlights of an oncoming car, as the controversy intensified. The Prime Minister promised on the floor of the House that the ‘Government’ will re-file indictments in the case ‘if it is necessary.’

It was also said that new evidence will be collected even though ‘there is plenty of evidence already on record.’ This was in response to a strongly worded plea by the daughter of the assassinated editor to impeach the Attorney General. But that political promise may have been better framed, to put it mildly. Certainly it is not the job of the Government to guarantee the ‘filing’ of indictments or for that matter, to assess the extent of ‘evidence’ in cases.

 A more considered approach is needed

These assurances (however well intentioned) conjure dreaded memories of past regimes whose politicised prosecutions were summarily thrown out of court. In an alarmed rejoinder, the Bar Association of Sri Lanka (BASL) warned against any move by the Cabinet to ‘review’ the impugned discharge order. The BASL pointed out that the independence of the Attorney General should not be undermined, quoting from the well-known case of Victor Ivan v Sarath N. Silva (1998) to emphasise the ‘importance of a due investigation.’

It was observed (quite rightly) that the decisions of the Attorney General may be judicially reviewed through writ or fundamental rights petitions. That said, this vexed question of review of prosecutorial decision-making must be responded in a far more considered way. Glaring shortcomings in that review process where the Sri Lankan legal history is concerned must be acknowledged.

That includes extreme judicial conservatism, even on the part of our most ‘liberal’ judges, in actually reversing decisions of the Attorney General. The law must change and advance, even if needed, through statutory amendments. That must be noted if the legal fraternity is to escape the allegation of ‘banding together’ to prevent accountability of its own ‘institutions.’ While it is fine to moralise regarding the accountability of political institutions, the Rule of Law extends to far more than this.

 Giving the prosecutor a wide discretion

In fact, the very judgement cited by BASL well illustrates that point. Here, the Court refused to grant leave to proceed to the editor of the Sinhala weekly ‘Ravaya’ newspaper who had complained that his constitutional rights had been violated by the Attorney General indiscriminately filing indictments for criminal defamation. The primary question was whether a decision of the Attorney General to grant sanction to prosecute or to refuse to do so, could be judicially reviewed.

That question was answered in the affirmative with the Court asserting that the discretionary powers are neither absolute nor unfettered. However in a classic instance of ‘giving with one hand and taking with the other’, the bar as to at what point would intervention be justified was set forbiddingly high. This would only be in instances where the evidence was ‘plainly insufficient’ or where there was no investigation.

In sum, the judges applied the ‘exceptional circumstances’ test which would act in favour of the prosecutor in ninety nine per cent of the cases. Moreover, faulty investigations on the part of law enforcement officers could not be visited on the Attorney General, it was said. Decades later, the global legal standard on review of prosecutorial discretion has mightily advanced from this conservative viewpoint.

Global advancement of the law

Decisions of the Commonwealth courts have emphasised that the prosecutorial decisions are protected only if the prosecutor acts ‘reasonably’, without malice or culpable ignorance or negligence. Notably, the South African Supreme Court of Appeal in Zuma v Democratic Alliance (2017) has subjected the exercise of prosecutorial power to the constitutional principles of legality and rationality.

That is a far more rigorous standard than what was said in the Ivan case that ‘errors and omissions’ by the Attorney General does not suffice to establish a case for judicial review. In the South African case, the discontinuation of a prosecution against the President was adversely ruled against. ‘Discontinuing a prosecution in respect of which the merits are admittedly good and where there is heightened public interest’ does not underscore the credit of the prosecutorial office or promote its integrity, it was observed.

To be clear, this problem will arise regardless of whatever prosecutorial office is in question for Sri Lanka. In short, the question will still be relevant even if the NPP Government implements its campaign promise to establish an independent Office of the Director of Public Prosecutions (DPP) which activists and the Opposition are calling for.

 Stop the ‘broken record’ of assurances

In some countries, the review of prosecutorial discretion is provided for by law which is an option that may be looked at for the DPP. Never mind that the history of a DPP office in this country has not been all that promising. For that matter, no office tasked with handling prosecutions has boasted a stellar record since the politicisation of public service and judicial systems following the Republican Constitutions of 1972 and 1978.

This would be far better than the broken record of ‘Government assurances’ and Presidential meetings with state law officers that go nowhere.🔺

Sunday Times 08-02-2025

Friday, February 07, 2025

Six million people could die from HIV and AIDS if US funding stops, UN agency warns

 

A logo is pictured outside a building of the United Nations AIDS agency (UNAIDS) in Geneva, Switzerland, April 6, 2021. Picture taken April 6, 2021. REUTERS/Denis Balibouse/File Photo

Six million people could die from HIV and AIDS if US funding stops, UN agency warns

Exclusive: Zelenskiy says 'Let's do a deal', offering Trump mineral partnership, seeking security

Exclusive: Zelenskiy says 'Let's do a deal', offering Trump mineral partnership, seeking security

Summary

  • In interview, Ukraine's Zelenskiy offers mineral partnership to US
  • Zelenskiy emphasizes need for security guarantees in any deal
  • Ukrainian president keen to speak to Trump before Putin does Ukraine proposes using its gas storage for U.S. LNG supplies

KYIV, Feb 7 (Reuters) - Ukrainian President Volodymyr Zelenskiy pored over a once-classified map of vast deposits of rare earths and other critical minerals during an interview with Reuters on Friday, part of a push to appeal to Donald Trump's penchant for a deal.

The U.S. president, whose administration is pressing for a rapid end to Ukraine's war with Russia, said on Monday he wanted Ukraine to supply the U.S. with rare earths and other minerals in return for financially supporting its war effort.

"If we are talking about a deal, then let's do a deal, we are only for it," Zelenskiy said, emphasising Ukraine's need for security guarantees from its allies as part of any settlement.

Ukraine floated the idea of opening its critical minerals to investment by allies last autumn, as it presented a "victory plan" that sought to put it in the strongest position for talks and force Moscow to the table.

Zelenskiy said less than 20% of Ukraine's mineral resources, including about half its rare earth deposits, were under Russian occupation.

Rare earths are important in the manufacture of high-performance magnets, electric motors and consumer electronics; Zelenskiy said Moscow could open those resources to its allies North Korea and Iran, both sworn U.S. enemies.

"We need to stop Putin and protect what we have - a very rich Dnipro region, central Ukraine," he said.

Russian troops have been gaining ground in the east for months, throwing huge resources into an unrelenting offensive while Kyiv's much smaller army grapples with a shortage of soldiers and frets over future weapons supplies from abroad.

Zelenskiy unfurled a map on a table in the heavily-defended president's office in Kyiv, showing numerous mineral deposits, including a broad strip of land in the east marked as containing rare earths. Around half of it looked to be on Russia's side of the current frontlines.

He said Ukraine had Europe's largest reserves of titanium, essential for the aviation and space industry, and uranium, used for nuclear energy and weapons.

Many of the titanium deposits were marked in northwestern Ukraine, far from the fighting.

Ukraine has rapidly retuned its foreign policy approach to align with the transactional world view set out by the new occupant of the White House, Ukraine's most important ally.

But Zelenskiy emphasised that Kyiv was not proposing "giving away" its resources, but offering a mutually beneficial partnership to develop them jointly:

"The Americans helped the most, and therefore the Americans should earn the most. And they should have this priority, and they will. I would also like to talk about this with President Trump."

He said Russia knew in detail where Ukraine's critical resources were from Soviet-era geological surveys that had been taken back to Moscow when Kyiv gained independence in 1991.

Ukraine's President Volodymyr Zelenskiy shows Reuters journalists a map of
strategic resources and objects  REUTERS/Valentyn Ogirenko


In addition, Zelenskiy said Kyiv and the White House were discussing the idea of using Ukraine's vast underground gas storage sites to store U.S. liquefied natural gas.

"I know that the Trump administration is very interested in it ... We're ready and willing to have contracts for LNG supplies to Ukraine. And of course, we will be a hub for the whole of Europe," he said.

ZELENSKIY WANTS MEETING WITH TRUMP BEFORE US-RUSSIA TALKS

The interview comes days before the February 14-16 Munich Security Conference, where officials from dozens of Western countries will converge at an unpredictable juncture in the nearly three-year-old war.

Zelenskiy said he planned to attend the forum, where Keith Kellogg, Trump's special envoy for Russia and Ukraine, is also expected.

The Ukrainian leader said it was essential that he met Trump in person before the U.S. president meets Russian President Vladimir Putin, "otherwise it will look like a dialogue about Ukraine without Ukraine".

Trump said on Friday that he expected to talk to Zelenskiy next week. Zelenskiy said his own priority would be raising Ukraine's need for security guarantees as part of any deal, to prevent Russia launching another invasion in the future.

In general though, it was vital the West determined a broad strategy before entering into talks with Moscow.

He said there were already regular contacts between his team and Kellogg and Trump national security adviser Michael Waltz.

"Every day we have contacts, we talk about general things, but the specifics will come a little later," he said.

Trump's peace push comes as advancing Russian forces threaten the major Ukrainian logistics hub of Pokrovsk.

On the battlefield, Zelenskiy confirmed for the first time that his troops had launched a new offensive on Thursday, advancing 2.5 km (1.5 miles) further into Russia's Kursk region.

Russia had reported a Ukrainian attack in the area that day, but said it was repelled.

Zelenskiy said thousands of North Korean troops fighting on Russia's side had now returned to active combat against Kyiv's forces in Kursk after a pause of several weeks.

Next week, the government intends to launch lucrative recruitment contracts to entice young men aged 18-24 - below draft age - into the armed forces to help ease a manpower shortage. Zelenskiy declined to say how many men were expected to sign up.

Get the latest news and expert analysis about the state of the global economy with the Reuters Econ World newsletter. Sign up here.🔺

Impeach AG : Ahimsa writes to PM, Full letter: 06 February 2025

 Impeach AG : Ahimsa writes to PM, Full letter: 06 February 2025


‘Govt looking into fresh indictments’: PM assures justice for Lasantha’s family

‘Govt looking into fresh indictments’: PM assures justice for Lasantha’s family

ADA February 7, 2025  



Prime Minister Dr. Harini Amarasuriya reaffirmed the government’s commitment to ensuring justice for the family of slain journalist Lasantha Wickrematunge, emphasizing the need to reassess legal procedures that hinder justice.

Speaking in Parliament today (07), she acknowledged the letter sent by Ms. Ahimsa Wickrematunge, the daughter of the former Sunday Leader Editor, describing it as measured given the immense suffering the family has endured for years.

“The letter that Ms. Ahimsa Wickremetunga has sent to me is also measured, given the circumstances and given what this family has had to endure for these past…I don’t know how many years…So, we’re very determined, because at the end of the day the purpose of having a judicial system, the Attorney General’s Office, all of these institutions is to deliver justice and if procedures come in the way of delivering justice, then we need to re-examine those procedures”, she stated.

The Prime Minister revealed that several actions have already been taken and that the government expects the Attorney General to take further steps. She noted that the government is exploring the possibility of initiating fresh indictments in the case.

While acknowledging the systemic challenges within legal institutions, she stressed that change is necessary and that victims should not be left waiting indefinitely.

“This is a highly sensitive issue, and we are fully aware of its gravity. We will do everything within our power. Additionally, we are prepared to allocate a full-day parliamentary debate to address this matter because we recognize its utmost importance,” she affirmed.

Commenting further, the PM noted: “Let us not forget that the Attorney General’s Department and related institutions, even though there are officers with good intentions, they have got used to a particular way of working, they have worked within a particular culture. That also needs to change. That takes time, but taking time doesn’t mean that victims can wait forever for answers.”↑

Thursday, February 06, 2025

Sri Lanka journalist murder investigation blocked

Sri Lanka journalist murder investigation blocked 

Raisa Wickrematunge 31 January 2025 Genocide Watch

Lasantha Wickrematunge’s gravesite during a memorial service on 8 January 2025. Sixteen years since the
Sri Lankan editor’s murder, there has been little progress in the investigation in the case.

The delays, denials and obfuscations in the investigation into the Sri Lankan editor’s murder reveals continued impunity around the killing of journalists in Sri Lanka

ON THE MORNING of 8 January 2009, Lasantha Wickrematunge, my uncle and the editor of the Sunday Leader, was on his way to work when he noticed black-clad men on motorcycles following him. He had cause to be alarmed, having received death threats – including one just weeks before, scrawled in red ink, which warned, “If you write, you will be killed.” Wickrematunge made several calls, including to family and friends, but ultimately decided to continue the drive to the office of his weekly newspaper. 

As a family, we have mentally retraced that journey many times, wondering if there was something he could have done that would have prevented what happened next. Around the corner from the newspaper’s office, on Templars Road in the Colombo suburb of Mount Lavinia, the motorcyclists forced Lasantha’s vehicle off the road near a primary school. One of them delivered what would prove to be a fatal wound. Onlookers rushed Lasantha to Colombo South Teaching Hospital, but it was too late. 

In the aftermath of my uncle’s murder, one image was transmitted over and over again on television news channels – that of his car with a single, perfectly round hole in the wind screen, a spiderweb of cracks surrounding it. When a judicial medical officer wrote that Lasantha had been killed with a firearm, no one questioned it, even though there were no shell casings found at the crime scene, nor any bullets, and notes from the emergency surgeon who tended to him said that his wounds had not been caused by bullets.

From the beginning, the investigation by the Sri Lankan government, then headed by Mahinda Rajapaksa, was flawed and beset by delays. Lasantha travelled everywhere with phone firmly clamped to ear and a notebook that contained jottings from interviews, often detailing corruption at the highest levels. It was soon discovered that both his notebook and phone had disappeared. Later, it was found that his phone had been stolen. What happened to the notebook was more mysterious, particularly as the police had collected it from the crime scene. The officer-in-charge of crimes at the Mount Lavinia police, Tissa Sugathapala, made a two-page log entry about the contents of the notebook, which included two vehicle license-plate numbers scrawled on the front and back pages. Sugathapala then handed the notebook over to the deputy inspector general Prasanna Nanayakkara, who said he would hand it over to the inspector general of police. After that, the notebook disappeared.

Early on, questions were raised as to what Lasantha’s notebook might have contained. My uncle was best known for his exposés, which went all the way back to the 1980s, when he penned a column for the Sunday Times under the nom-de-plume Suranimala while working as a secretary for the former prime minister Sirimavo Bandaranaike. Among his scoops as Suranimala was one about Ranasinghe Premadasa’s proposals as president for the devolution of certain powers to provincial governments so as to resolve tensions between the Sinhalese and Tamils – detailed down to the different colours of ink used to write the proposals. At the time, my uncle was a whistleblower. But soon, in his role at the Sunday Leader, he would display a talent for digging up uncomfortable truths through investigative reporting. 

Part of this was down to his charm. He would greet everyone with a smile and a joke. His cheery voice would precede him when he visited our house, where he would stop first in the kitchen and poke his fingers into whatever was bubbling on the stove before making his way around the building to chat to each of us. As a shy child, I usually had my nose in a book, but my uncle would always find a way to draw me into conversation in a way that was never condescending. 

Lasantha cultivated a wide array of contacts on both sides of the political aisle, giving him access to inside information that few other journalists could match. While he was fun-loving, he was also committed to his work, regularly appearing at the office with a sheaf of mysterious papers that would later form the backbone of his latest exposé, and frequently disappearing into his office to frantically type up his weekly column.

Around the time Lasantha was killed, he had been reporting on a deal between the Sri Lankan Air Force and Ukrinmash, a Ukrainian state-owned arms firm. The deal involved the procurement of bombers manufactured by the Russian Aircraft Corporation, commonly known as MiG, to the tune of over USD 14 million. As Lasantha reported, the price was suspiciously high – twice the price paid for similar aircraft in 2000 – and the procurement was billed as a government-to-government deal, bypassing a tender process. In a series of articles, Lasantha unveiled how the deal was brokered by Udayanga Weeratunga, a cousin to the ruling Rajapaksa family. He showed that a Singaporean middleman had paid Ukrinmash just USD 7 million, with at least some of the remaining money wired to Rajapaksa relatives to Weeratunga – seeming evidence of kickbacks.

In November 2007, armed men stormed the Sunday Leader office, held the staff at gunpoint and set the paper’s printing press on fire. No one was ever charged for the attack. In February 2008, Gotabaya Rajapaksa, then the secretary of defence, filed a defamation case against the Sunday Leader over the MiG stories. The case was ongoing when Lasantha was killed.

Lasantha was reporting in a fraught climate for journalists. In 2009, Sri Lankan media outlets faced increased restrictions, particularly when reporting on the country’s civil war. Journalists faced  both verbal and physical attacks. Keith Noyahr, the deputy editor of The Nation, was abducted and beaten in 2008; Paranirupasingham Devakumar, the Jaffna correspondent for NewsFirst, was stabbed to death after his critical reporting on the separatist Liberation Tigers of Tamil Eelam; and the freelance defence writer Namal Perera was assaulted. Days before Lasantha’s death, an armed group set fire to the office of the channel MTV-MBC, with the Sri Lankan government describing the attack as “an inside job”. According to the Committee to Protect Journalists, at least 16 journalists had been killed in pursuit of their work over the course of the civil war up to January 2009, either murdered, caught in the crossfire, or while pursuing dangerous assignments. 

The motive for Lasantha’s killing was almost certainly to silence him. The grieving Sunday Leader editorial team went straight to the office and pushed out the new issue. That weekend, the newspaper’s readers opened the editorial section to see a column titled “And then they came for me”. It began, “No other profession calls on its practitioners to lay down their lives for their art save the armed forces, and in Sri Lanka, journalism.” The blistering editorial would be reprinted all around the world, keeping interest in Lasantha’s case alive.

A portrait of Lasantha that hangs in our family living room. Lasantha was reporting in a fraught climate for journalists. In 2009, Sri Lankan media outlets faced increased restrictions, particularly when reporting on the country’s civil war.

FOR NEARLY A YEAR after the killing, until my family petitioned to have the investigation handed over to the Criminal Investigations Department (CID), there was no progress in the case. By December 2009, a court granted that request. 

The CID made several key breakthroughs. One of them was the identification of a specific group of military intelligence officers, known as the Tripoli Platoon, who were implicated in the killing. This discovery came thanks to eyewitness testimony, and the eventual tracing of cell phones linked to five SIM cards believed to have been used by those who had followed Lasantha that day. The CID also found that members of the same platoon were linked to attacks on other journalists, including Noyahr and Upali Tennakoon.

Just as this discovery was made, in 2010, the inspector general of police ordered the CID to transfer the case to the Terrorism Investigation Department (TID). Around the same time, the commanding officer of the Tripoli Platoon was given a diplomatic post at the Sri Lankan embassy in Thailand. 

In February that year, the TID arrested 17 military officers suspected of involvement in Lasantha’s killing. All 17 were eventually released without charges. A member of the Tripoli Platoon was detained by the TID for questioning, but was later released after an eyewitness who had pinpointed him died while in police custody. While in detention, the Tripoli Platoon member was promoted, paid his salary and allowed to apply for loans.

In June 2010, the journalist Stephen Sackur interviewed Gotabaya on his BBC show, HardTalk. In one clip, now infamous, Sackur questions him about Lasantha’s case. Gotabaya grows visibly angry at the mention of my uncle’s name and splutters, “Who is Lasantha Wickrematunge? He is just another person. There are so many murders everywhere, in the whole world there are murders. Why are you asking about Lasantha?”

There was little more progress until 2015, when the Rajapaksas were defeated at the polls and a new government, headed by Maithripala Sirisena, was voted into power. One of its key campaign promises had been moving forward the investigation. 

In July 2016, an intelligence officer named Premananda Udalagama was taken into detention in connection with the case and charged with abduction of an eyewitness, assault and conspiracy. That September, one year into the new government, a second autopsy of Lasantha was ordered due to discrepancies in the original medical and post-mortem examination reports. 

The process of the exhumation was extremely painful for our family. Ahimsa Wickrematunge, my cousin and Lasantha’s daughter, pleaded for privacy, but journalists gathered outside the cemetery on the day of the exhumation and jostled to get photos of the grave. One journalist went so far as to fly a drone over the open grave in order to get a photo of my uncle’s remains. As a member of the family, I was asked if I wanted to be present to witness the exhumation. I declined: I wanted to preserve my memory of my uncle as he was. 

In October, a retired intelligence officer was found dead in his home after apparently taking his own life. A note in his pocket contained a confession that he had killed Lasantha and a claim that Udalagama was innocent. His death was treated as suspicious, and his body was exhumed a week after his death for further investigation.

The police arrested five intelligence officers in 2017 in connection with Lasantha’s case. They also indicted investigators for concealing information on the case. It was revealed that the deputy inspector general of police at the time had issued instructions that the pages containing the license-plate numbers of the motorcycles that followed Lasantha to be removed from his notebook. It was also around this time that details on the tracking of the cell phones used by the men who had followed Lasantha, and the links with the Tripoli Platoon, were first publicly reported. 

In 2018, media reports revealed that an anonymous tip-off soon after Lasantha’s death had led the CID to a motorcycle said to have been used in the murder and then dumped in a marsh. The CID’s investigations traced the motorcycle to two Tamil youths who had disappeared – seemingly after being abducted, according to eyewitness testimony. Their bodies were later discovered in Anuradhapura, some 200 kilometres from Colombo, and identified through DNA tests. A former senior superintendent of police testified in court in March 2018 that their killings had been part of an attempt to attribute Lasantha’s murder to the LTTE.

In January 2019, the magistrate’s court at Mount Lavinia ordered the channel Derana TV to hand over to the CID unedited footage of an interview it had conducted with Gotabaya in 2007, more than a year before Lasantha was killed. In the interview, Gotabaya refers to journalists writing “filth” about him and then driving around alone in their cars – believed to be a reference to Lasantha. That April, Ahimsa, Lasantha’s daughter, filed a lawsuit against Gotabaya, accusing him of playing a role in her father’s death. 

By November, Gotabaya had been elected the country’s president, voted in by a public looking for reassurance after the Easter Sunday bombings earlier that year. Since, as the head of state, he now had immunity from prosecution, my cousin was forced to withdraw her suit.

Gotabaya’s presidency saw the case again stalled, with judicial hearings delayed. Within days of the 2019 election, the director of the CID, Shani Abeysekara, was demoted and transferred to serve as personal assistant to the deputy inspector general of the Southern Province. The CID officer Nishantha Silva later fled the country for fear of retribution for his role in the case. His departure was met with much controversy, with rumours swirling as to where he had fled and with whose help. In 2020, the CID arrested Abeysekara for allegedly concealing evidence in another case. He was detained for over ten months before being released.

Posters of killings, abduction and torture of journalists, lined the front of the Presidential secretariat during the 2022 protests around Sri Lanka’s economic crisis, highlighting continued impunity in their cases. Wickrematunge’s face was displayed alongside that of Dharmaratnam Sivaram, Poddala Jayantha and others

ULTIMATELY, GOTABAYA’S PRESIDENCY was cut short. In 2022, Sri Lanka was plunged into crisis due to the Rajapakas’ economic mismanagement, including sweeping tariff cuts that Gotabaya had introduced as president.. Angry citizens took to the streets and the Galle Face Green in Colombo, near the presidential secretariat, became one of the main protest sites. 

Early on in the protests, I saw a photo of a protester holding up a banner bearing my uncle’s face. “Who is Lasantha? Look around. He is everywhere,” the banner said. It was a powerful reminder that it was not just his family, his former colleagues at the Sunday Leader and other journalists who remembered him. 

Screenshot of a post on X (formerly Twitter) showing a protester holding a
poster saying 'Who is Lasantha? Look around. He is everywhere' referencing
an interview with Stephen Sackur from 2010 on BBC HardTalk. @Thedmdvbd

Over the next few months, my uncle’s name and face would appear again at the Galle Face Green protest site. A string of posters showing killed journalists adorned the fence in front of the presidential secretariat, and a similar memorial was set up in front of the nearby Shangri-La hotel. At the peak of the protests, the names of Sri Lankan journalists killed in the pursuit of their work were projected directly onto the presidential secretariat. I saw my uncle’s name alongside the names of many others, along with a call for justice – a call met with cheers from watching protesters. 
                                                  

________________________

Time will tell whether Dissanayake will move on my uncle’s case. And it must be said that there are also other cases that deserve attention but have languished unresolved – the cases of Aiyathurai Nadesan, Dharmaratnam Sivaram, Mylvaganam Nimalarajan, Prageeth Eknaligoda, and Isaipriya, among many others

_____________________________

Seeing so many people remember not just my uncle but also many others unjustly killed, including Tamil journalists, moved me deeply. Around that time, at an annual vigil held in my uncle’s memory, I had begun calling attention to the continued impunity around the killing of journalists in Sri Lanka. I often felt that I was speaking into an uncaring camera lens to be fodder for the evening’s primetime news, or writing into a void repeating the same names year after year, but it seemed that people had been listening. 

The protests finally forced Gotabaya out and he was replaced as president by Ranil Wickremesinghe. In 2019, when Wickremesinghe was the prime minister under the Sirisena government, my cousin had written a letter to point out that he often invoked my uncle’s name in his rhetoric but showed no interest in seeing the investigation into his murder through. While there had been incremental progress in the investigation during Sirisena’s regime, which revealed cover-ups by the police and military intelligence, there was scant investigation into who had given the orders to the officers of the Tripoli Platoon. Now, as Sri Lanka scrambled to find its feet after the economic crisis, “emblematic” cases, including my uncle’s, were shunted aside by the Wickremesinghe administration.

In May 2022, Lasantha’s case was taken up by the People’s Tribunal on the Murder of Journalists, a joint initiative by the international groups Free Press Unlimited, the Committee to Protect Journalists and Reporters Without Borders, alongside cases from Mexico and Syria. In September, the tribunal found the Sri Lankan state guilty of “grave violations” in the case. I watched as several people came forward to testify about the media landscape in Sri Lanka and the threats that the Sunday Leader had faced, including the burning of its press and the frequent death threats to its journalists. It was cathartic to hear the judgment, even if the People’s Tribunal has no authority to hold the Sri Lankan state to account and the government did not respond. 

The call of the protesters in 2022 was for “system change”. Last year, Sri Lanka voted in a new government, headed by the National People’s Power (NPP), hoping for an end to the corruption, nepotism and violence embedded in our political culture. The new president, Anura Kumara Dissanayake, has promised to pursue investigations in several key cases, including my uncle’s. But his government has also already begun backtracking on key campaign promises. For instance, the NPP now says that the Prevention of Terrorism Act, used in the past to silence journalists, will not be repealed as it promised but rather replaced with other legislation to curb extremism. 

Time will tell whether Dissanayake will move on my uncle’s case. And it must be said that there are also other cases that deserve attention but have languished unresolved – the cases of Aiyathurai Nadesan, Dharmaratnam Sivaram, Mylvaganam Nimalarajan, Prageeth Eknaligoda, and Isaipriya, among many others. 

The Committee to Protect Journalists lists 19 Sri Lankan journalists among its list of those killed in the pursuit of their work across the world. The Journalists for Democracy database, which records killings of journalists and media workers, has recorded 43 names from Sri Lanka. Today, we are barely any closer to justice and accountability for their deaths.

In the 16 years since my uncle’s death, I have seen the crowds gathering at his grave every January grow and shrink, and seen politicians arrive and depart, bowing and offering platitudes to waiting cameras. In truth, there has been little movement towards uncovering real answers. My uncle’s case alone shows a concerted effort to delay, deny and obfuscate when it comes to seeking justice for the killing of journalists in Sri Lanka. What little progress there has been has come only when there is a change in power, and when rival politicians see opportunity for gain. Along the way, there have also been many deaths of key witnesses in the case, with even members of military intelligence or the CID under threat. I believe, sadly, that the system of political patronage that has enabled so much corruption and covered up so much past violence in Sri Lanka remains very much alive. I risk disappointment to hope that the current president, Dissanayake, will prove me wrong. 

© Himal Southasian 2024 

Lasantha Wickrematunge assassination: ‘AG’s decision can only be overturned through obtaining a writ’

 

PHOTO Lalith Perera
 

Lasantha Wickrematunge assassination: ‘AG’s decision can only be overturned through obtaining a writ

07 Feb 2025 | BY Sahan Tennekoon and Buddhika Samaraweera

  • Victim’s daughter writes to PM calling for P’ment impeachment of AG
  • Alleges AG unfit to serve due to gross abuse of power or gross neglect of duty 
  • Brother Lal seeks Govt. stance on AG’s call 

In the wake of the controversial decision made by the Attorney General (AG) Parinda Ranasinghe (Jnr.), Presidents Counsel to discharge three suspects implicated in the case involving the murder of editor and lawyer Lasantha Wickrematunge and the alleged subsequent cover-up, AG’s Department sources stated that the decision made by the AG can only be overturned through obtaining a writ appealing against the said decision. 

When contacted by The Daily Morning, a highly placed source at the AG’s Department speaking on terms of anonymity noted that any party wishing to overturn the decision should seek a writ. This was in response to a query made by The Daily Morning following the Government's announcement that it is reviewing the AG’s decision, as per the Cabinet Spokesperson.

Previously, the AG’s Department, defending the decision, claimed that the lack of evidence against the said suspects was behind the decision to recommend their discharge. 

Meanwhile, the daughter of the murdered editor and lawyer Lasantha Wickrematunge, Ahimsa Wickrematunge, in a letter to the Prime Minister, called for the impeachment of AG Ranasinghe Jnr. PC for the alleged gross abuse of power or gross neglect of duty in connection with the criminal proceedings on the assassination of Lasantha Wickrematunge. She added that the “only way to fulfil the Government’s pledge to repair the justice system is to impeach him (the AG) before the Parliament and to seek his removal from office as he is no longer fit to serve as the AG”. 

____________________________________________________________________

The letter further read: 

“This decision was no accident. It was no innocent mistake. It is the result of the culture that Ranasinghe Jr. has fostered and allowed to flourish in several parts of the AG’s Department – a culture of nonchalance, callousness, complacency and utter disregard for their duty to victims of crime and the witnesses who risk their lives to protect the integrity of the justice system”

__________________________________________________________________ 

Copies of the letter have been sent to the Justice Minister and the Opposition Leader. 

This letter comes in the wake of the recent action (on 27 January) taken by Ranasinghe Jnr. to discharge three suspects in the inquiry at the Mount Lavinia Magistrate’s Court (MC) (case number B 92/2009) into the assassination of Lasantha Wickrematunge. According to the letter sent on 27 January by Ranasinghe Jnr. to the CID Director on case no. B 92/2009 at the Mount Lavinia MC, with copies of the same to the Mount Lavinia Magistrate, the Director of the Police Legal Division and an Officer-In-Charge of a particular CID section, the AG has informed that he/she (CID Director) should inform the Magistrate that he (AG) does not intend to pursue legal proceedings against three suspects – Premananda Udalagama, Hettiarachchige Don Tissasiri Sugathapala (at the time of the murder, attached to the Mount Lavinia Police as an Inspector, and who was the initial inquiry officer), and Witharana Arachchige Sirimevan Prasanna Nanayakkara (at the time of the murder, the Deputy Inspector General of Police of the Colombo South Range) – and that they could be released from the case. Further, the AG has instructed the CID Director to report on the Court's action upon being informed of the same to him (AG) within 14 days of the receipt of this letter.

Lasantha Wickrematunge was ambushed in broad daylight and assassinated on 8 January 2009 within the high security zone surrounding the Ratmalana Air Force Base. His assailants and those involved in the alleged cover-up are yet to be identified. The CID is investigating the same. 

The letter further read: “This decision was no accident. It was no innocent mistake. It is the result of the culture that Ranasinghe Jr. has fostered and allowed to flourish in several parts of the AG’s Department – a culture of nonchalance, callousness, complacency and utter disregard for their duty to victims of crime and the witnesses who risk their lives to protect the integrity of the justice system”

 Ahimsa Wickrematunge also pointed out that “A review of these facts alone, all of which have been reported in open court, cannot lead any right-minded individual to conclude, as Ranasinghe did, that there was “no material” to support an allegation of the destruction of evidence by Nanayakkara or Sugathapala. If there was a gap in the evidence, any competent prosecutor would have directed the CID to conduct further investigations, not to throw out one of the most critical investigative avenues in this case outright. To understand the gravity of Ranasinghe’s neglect of duty and abuse of prosecutorial discretion, it is important to consider the circumstances under which the AG’s Department opened a file into my father’s assassination (CR1/40/2020). The new CID leadership post-November 2019 cherry-picked a smattering of evidence and forwarded a request to the AG’s Department in 2020 to discharge all suspects and to wind down the investigations. The material forwarded did not highlight most of the facts. The then AG, Dappula De Livera PC, instructed his officers to decline the CID request and to withhold a formal response. The National Police Commission confirmed to me on 11 January 2021, that the then CID Director, SSP Prasanna Alwis, was suspected of sabotaging my investigations related to my father. I wrote on 9 March 2021, copying the AG, highlighting the risks to the integrity of the investigations. Yet, it is these doctored and cherry-picked extracts from five years ago that Ranasinghe relied upon to reach his decision to drop the cases against Udalagama and Nanayakkara”. 

Elsewhere, the Young Journalists Association organised a protest in front of the Supreme Court premises yesterday (6) against the AG’s said decision. 

Speaking at the protest, Lasantha Wickrematunge’s brother, Lal Wickrematunge, questioned the basis of the AG’s decision. He claimed that the decisions made by the AG’s Department on the same case should not be changed over time. “Earlier, they objected to the suspects being released on bail. Then, they did the same again. Now, they have discharged them. How can the decision change like this? The AG’s Department is not one person; it is an institution. This is not acceptable,” he added. He also noted that the Government should announce its stance on the AG’s decision, as its’ mandate includes delivering justice to the victims of such politically motivated crimes. “This Government came to power to deliver justice for such crimes. We are looking forward to hearing the Government’s response to this decision,’ he said.  

In addition, the YJA demanded an explanation from the AG’s Department regarding the reasons for this decision. The President of the YJA, Tharindu Iranga Jayawardhana, stated that the AG must clarify his decision to the public, as the AG’s Department is funded by public funds and, therefore, accountable to the public. 

However, upon handing over a letter outlining their concerns to the AG’s Department, Jayawardhana claimed that an AG’s Department representative had informed them that the AG’s Department is not obliged to clarify matters to the public. 

Attempts to contact Justice Minister, attorney Harshana Nanayakkara, Justice Ministry Secretary Ayesha Jinasena PC, the Presidential Secretariat’s Legal Director, attorney J.M. Wijebandara and the Bar Association of Sri Lanka President, Anura Meddegoda PC proved futile.⍐

Lasantha Murder Case: Journalists protest AG's decision

 


Wednesday, February 05, 2025

DOGE broadens sweep of federal agencies, gains access to health payment systems

DOGE broadens sweep of federal agencies, gains access to health payment systems

Associates of Elon Musk’s Department of Government Efficiency have spread out across the federal government in recent days, alarming many career employees.


By Dan Diamond, Lauren Kaori Gurley, Lena H. Sun, Hannah Knowles and Emily Davies

Representatives of billionaire Elon Musk’s Department of Government Efficiency fanned out across several agencies Wednesday, sending representatives to the Atlanta headquarters of the Centers for Disease Control and Prevention and meeting with the Labor Department, seeking access to sensitive data. The moves came on the heels of the DOGE team gaining access to sensitive health payment systems at the Department of Health and Human Services.

As federal workers braced for possible layoffs after a Thursday deadline that has led to at least 40,000 employees taking a buyout, DOGE staffers met with agencies facing sweeping cuts in a project that has gutted whole programs and given Musk’s team broad access to private data. In a little more than two weeks, the Trump megadonor — acting as a “special government employee” while still running the companies that have made him the richest man in the world — has probed all over for cuts and begun enacting some, helping to effectively shut down the U.S. Agency for International Development and suggesting that other departments could be next.

The speed and scope of DOGE’s work have stunned many in government and raised widespread legal concerns. On Wednesday, several labor unions sought a restraining order to keep Musk’s team away from the Labor Department, arguing that DOGE’s work was illegal and has “already been catastrophic.” DOGE staffers met virtually with Labor staff Wednesday afternoon, after a protest drew hundreds to the front door of the agency’s headquarters in Washington.

But critics have struggled to keep up with DOGE’s overhaul, and the Republicans who control Congress have largely applauded its work and declined to seek more input. Republicans on the House Oversight and Government Reform Committee blocked Democrats’ bid to subpoena Musk, with the panel’s GOP leaders dismissing Democrats’ protests that an unelected billionaire should not be able to dismantle the bureaucracy without lawmakers’ consent.

“It’s a naked power grab consistent with what Trump’s advisers have persuaded him to do, which is to flood the zone with as much unconstitutional activity as possible, with the hope that they get away with some or all of it,” said Ty Cobb, who served as a White House lawyer during President Donald Trump’s first term but is now a critic.

White House press secretary Karoline Leavitt defended Musk’s work, telling reporters that Trump “campaigned across this country with Elon Musk, vowing that Elon was going to head up the Department of Government Efficiency, and the two of them — with a great team around them — were going to look at the receipts of this federal government and ensure it’s accountable to American taxpayers. That’s all that is happening here.”

A White House official added that DOGE leaders are overhauling the government “in full compliance with federal law,” with appropriate security clearances and as “employees of the relevant agencies.”

Demonstrators gather outside the Labor Department headquarters Wednesday.
(Michael A. McCoy for The Washington Post)

In recent days, officials affiliated with DOGE have visited the offices of the Centers for Disease Control and Prevention and the Centers for Medicare and Medicaid Services (CMS), according to five people with knowledge of the matter, who spoke on the condition of anonymity to describe private interactions. DOGE officials have also sought access to payment and contracting systems across the Department of Health and Human Services that control hundreds of billions of dollars in annual payments to health-care providers, and they appear to have gained access to at least some of those systems, the people said.

The Wall Street Journal earlier reported that DOGE aides had been granted access to the CMS grant-management system.

Appearing to confirm his interest in the agencies, Musk posted on X on Wednesday afternoon that Medicare “is where the big money fraud is happening,” without offering evidence or specifics.

“CMS has two senior agency veterans — one focused on policy and one focused on operations — who are leading the collaboration with DOGE,” Andrew Nixon, an HHS spokesperson, wrote in an email. “We are taking a thoughtful approach to see where there may be opportunities for more effective and efficient use of resources in line with meeting the goals of President Trump.”

A spokesperson for DOGE did not immediately respond to a request for comment.

On Wednesday, Musk’s team also reached out to engage with the Labor Department. Senior department leaders told staffers who handle sensitive data that they would begin working with DOGE in the coming weeks, beginning with an in-office meeting Wednesday, according to an agency staffer, who spoke on the condition of anonymity to discuss internal matters. DOGE assignments would override the team’s normal duties, the staffer said.

But senior leadership moved Wednesday’s meeting from in-person to virtual after labor unions, including the AFL-CIO, announced a protest of DOGE outside the Labor Department.

The agency manages huge amounts of sensitive data related to unemployment claims, health insurance plans, disability insurance, workplace health and safety investigations, wage theft, and child labor. It was unclear Wednesday which parts of the Labor Department and its data DOGE officials intended to access.

Hundreds of union activists gathered outside the department’s headquarters Wednesday afternoon holding signs that said “Hands Off Workers Data” and chanting “Elon Musk has got to go.”

“This squarely affects workers,” Liz Shuler, president of the AFL-CIO, the nation’s largest federation of unions, told The Washington Post at the rally. “We want to make sure that we have transparency, that we know what access data they’re accessing.”

David Casserly, a Labor Department employee who protested outside the agency’s offices Wednesday, said he opposed “people who have no experience with labor, and who don’t know what we do, coming in and making random cuts.”

Protesters on Capitol Hill on Wednesday voiced their objections to the Trump administration's decision to shut down the
U.S. Agency for International Development. (Demetrius Freeman/The Washington Post)


Musk’s team played a key role in the buyouts offered across the federal workforce last week as part of the Trump administration’s efforts to drastically shrink the government. The offer expires Thursday and would allow workers to resign with pay through Sept. 30. Most of the federal government’s 2.3 million civilian employees are eligible, according to the White House, and a General Services Administration official said this week that layoffs could follow. As of Wednesday evening, 40,000 federal employees had agreed to take the buyout, according to a person familiar with the figures who spoke on the condition of anonymity because they were not authorized to speak publicly.

The contact with the health-care agencies comes as emissaries of DOGE fan out across the federal government in what they say is a pursuit of waste and fraud in payments.

The health department spends nearly $2 trillion per year, mostly on health insurance programs such as Medicare and Medicaid, making it a top target for lawmakers and watchdogs who say the programs are rife with abuse. Musk and Vivek Ramaswamy, his former partner in the DOGE effort, have publicly mused about cracking down on HHS spending as part of a broader goal to cut at least $1 trillion in federal spending.

Bipartisan efforts to restrain Medicare spending in the past have frequently faced political backlash, with health-care providers and patient groups warning about the effect on delivering care and other services.

Over the weekend, Treasury Secretary Scott Bessent granted a DOGE associate access to a critical payments system responsible for disbursing trillions of dollars annually. Bessent later said that access had been granted on a “read only” basis and that the DOGE associate had been made a Treasury official. Musk affiliates have also been placed in leading roles at the Office of Personnel Management and other key agencies.

These efforts have caused alarm in some parts of the civil service, with workers fearing that Musk’s team is going around traditional safeguards. Musk and his allies, including Trump, have defended the push as necessary to root out waste.

“Nonpartisan experts have long believed that more than 10 percent of Medicare and Medicaid spending is improper. It’s essential to identify and root out these improper payments in order to direct more funding to patient care for seniors and vulnerable populations,” said Avik Roy, founder of the Foundation for Research on Equal Opportunity, a think tank that promotes free markets.

The Government Accountability Office, a nonpartisan watchdog, has concluded that Medicare and Medicaid represent more than 40 percent of improper payments across the federal government. “Both Medicare and Medicaid are susceptible to payment errors — over $100 billion worth in 2023,” the GAO wrote in April 2024.

DOGE officials have asked for access to federal systems such as the Unified Financial Management System and the Healthcare Integrated General Ledger Accounting System, said the people with knowledge of their requests.

The HIGLAS system, which is tightly controlled, contains sensitive financial information about all of the hospitals, physicians and other organizations that have financial relationships with programs such as Medicare, Medicaid and the Affordable Care Act — a vast database that touches nearly every corner of American health care.

Current and former federal officials said personnel who access those systems are required to undergo specialized training to comply with privacy protections under the Health Insurance Portability and Accountability Act, or HIPAA. It was not immediately clear if DOGE officials have undergone that training.

DOGE has also requested that the CDC provide lists of employees who have less than a year of service and those who are in two-year probationary periods, said the people familiar with the requests.

In Congress on Wednesday, lawmakers fiercely debated Musk’s powers, preceding a House Oversight Committee vote on a subpoena for Musk.

“Who is this unelected billionaire that he can attempt to dismantle federal agencies, fire people, transfer them, offer them early retirement and have sweeping changes to agencies without any congressional review, oversight or concurrence?” said Rep. Gerry Connolly (Virginia), the ranking Democrat on the committee. Committee Chairman James Comer (R-Kentucky) said the motion was “not debatable.” Rep. Melanie Stansbury (D-New Mexico) said it was “outrageous that this committee will not even entertain a motion.” Then the lawmakers began to talk over one another before a roll-call vote to table the motion passed 20-19.

Danielle Abril and Jeff Stein contributed to this report.⍐

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காலநிலை அறிவிப்பு-பேராசிரியர் நா.பிரதீபராஜா

https://www.facebook.com/Piratheeparajah 03.12.2025 புதன்கிழமை பிற்பகல் 3.30 மணி விழிப்பூட்டும் முன்னறிவிப்பு இன்று வடக்கு மற்றும் கிழக்கு ம...