Rajasingham Jayadevan vs. Douglas Devananda

"His response is on the whole a canard, unbecoming of a person with his qualifications and position.Wigs and gowns alone do not reflect the legal profession. These adornments have to be accompanied by wisdom and a commitment to ensure justice for those wronged. His training leading to the doctoral degree should have also given him the skills to sift hard facts and fiction. "

by Rajasingham Jayadevan

(November 18, London, Sri Lanka Guardian) This is my response to Douglas Devananda’s defense solicitor Dr Tellipallai C. Rajaratnam LL.B (SL). LL.M (Lond)., PhD (Lond). Dr. Rajaratnam has claimed that he is responding ‘in defense of Douglas Devananda’ subsequent to my open appeal to the latter. The heading herein accordingly reflects the legal position of Douglas Devananda as a respondent and Dr.T.C.Rajaratnam as his attorney.

Those scrutinizing Dr. Rajaratnam’s response will notice that he is acting not only as a defense attorney, but also as the judge, jury and executioner, a quadruple role, in addition to his assigned role as a government servant in Devananda’s ministry. His mendacious insinuations though unworthy of reply, demands such a recourse in the public interest.

Being unable to refute specific accusations about the conduct of his client, he has resorted to innuendo, threats and even blackmail. Instead of giving straight answers to straight questions, he is trying to divert attention from issues to the claimant through mud slinging. His response is on the whole a canard, unbecoming of a person with his qualifications and position. Wigs and gowns alone do not reflect the legal profession. These adornments have to be accompanied by wisdom and a commitment to ensure justice for those wronged. His training leading to the doctoral degree should have also given him the skills to sift hard facts and fiction.

If the maxim ‘those who come to equity must come with clean hands’ is applied in this instance, Dr.Rajaratnam will find it indeed hard to bail out his client Douglas Devananda.

Devananda’s legal representative is lashing out at me by picking and choosing issues unrelated to my concerns. He states rather patronizingly that I have ‘written in haste’ and that it was an ‘emotional outburst’. He further proceeds to level the puerile charge that my writing was ‘probably ignited by vested interests supporting politicians in the daylight from the east and the shadows of shady twilight of the North’. He meanders further to make the infantile claim that I am ‘misled and misinformed by vested interests.’ His accusations belong to the realm of fairy tales and his judgment borders on lunacy. He is insulting the intelligence of the Tamils, who are crying out to the high heavens for justice against all those who have driven them to their present plight. The laws of the jungle cannot be brought to play amongst a people as wronged as the Tamils are by men pretending to be their saviours.

Dr. Rajaratnam, the diehard defender of Douglas Devananda has also accused me of an ‘innate urge to retaliate’ while avoiding the issues of utmost public importance. He desperately tries to camouflage his client by sidestepping the issues I have raised.

He has set out on a fishing expedition, and expects the Tamils to swallow the bait of Douglas Devananda becoming the Prime Minister. This is hilarious. Mervyn Silva has also similar ambitions! Why not aim for the presidency itself. The comparison of Devananda with Laxshman Kadirgamar is the most hilarious of all. If Douglas deserves to be Prime Minister, the father- of- all- wars, Pirabakaran, should stake his claim too.

This learned lawyer takes objection to my comment on ‘un-accommodative majority rule’ and accuses that my ‘comment is unpatriotic’. Patriotism cannot be defined by a servant of the government and a lawyer defending Douglas Devananda.

My other comments in response to Dr. Rajaratnam are:

* ‘ In every political party, organizations or groups there are scapegoats and black sheep so isolated incidents could be falsely attributed to such scapegoats.’

To my knowledge scapegoats are those who are blamed for things they have not done. In Sri Lanka scapegoats are very easily found, as we all very well know. However, black sheep who carry out instructions, cannot be called scapegoats. Are Douglas Devananda’s paramilitary operatives, now scapegoats? Please tell us whether they have been identified and how they have been punished for the misdemeanors they have committed on behalf of their leader.

* Maheswaran and Douglas Devananda were very close fiends--- his brother is a good friend of Douglas Devananda and his niece works for Douglas.’

How does this answer my claim that Maheswaran was murdered by your group? Can you say yes or no to this serious allegation, widely believed among Tamils? What is the status of the investigations relating to this murder and when will the accused be produced in court? Will this investigation also go the same way as many similar ones in Sri Lanka?

* ' Has the TNA MP made a complaint? He is good friend of Douglas Devananda ----‘ Can a yes or no answer be provided without prevarication?

* ‘Mr.Jayadevan should focus his attention on them (TNA) and not Douglas Devananda.’

The issue raised was about Devananda. Why should I be advised to go after the TNA?

* ‘Mr.Jayadevan is in the U.K and is misinformed. His allegations are false and pathetic. Should
there be an iota of evidence, then certainly the Government would have investigated’.

Has the Sri Lankan government ever taken human rights issues seriously? How many paramilitary cadres of Douglas Devananda been investigated and punished this far? I am sure Dr. Rajaratnam as a lawyer is aware of the word ‘impunity’ and how widely prevalent it in Sri Lanka. The paramilitary forces, including that of Devananda are beneficiaries of this state sanctioned impunity.

* ‘The Government Agents will bear witness to the tremendous service done by Douglas Devananda.’

My question was whether Devananda has campaigned against ‘Human Rights violations against the Tamils and particularly the murder of the Hindu priest in Trincomalee as an example.

By venturing to answer un-asked questions, the learned lawyer has positioned Douglas Devananda for further scrutiny. Does the ‘tremendous service’ claimed include taking absolute control of the private shipping service to Jaffna following the assassination of Maheswaran?

* ' I invite Mr.Jayadevan to Sri Lanka to come as a guest of the Government and see for himself the enormous number of people who seek Douglas Devananda’s assistance both in Colombo and Jaffna.’

I have been in Sri Lanka many times recently and will make further visits if necessary. What is special about Douglas providing assistance in Jaffna and Colombo? This is what many Tamil parliamentarians did until they were replaced by violent men like Douglas Devananda and Pirapakaran. Will Douglas permit the unarmed Tamil politicians to perform their functions freely in Jaffna? The injuries sustained by Sivajilingam and Mavai Senathirajah for venturing into Douglas Devananda’s realm in Jaffna are part of the sordid story of the Tamil Liberation struggle.

Further, I reproduce a recent parliamentary question in the House of Commons by a London MP Siabhain McDonagh and the response she received from the Minister for Europe. This will confirm it is not only Douglas Devananda, there are many parliamentarians all around the world sincerely representing the Tamils and doing all what they can do within their remit.
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(Source House of Commons Hansard)

‘Siobhain McDonagh (Mitcham & Morden, Labour):I have been contacted by a large number of constituents over the past few months about the deteriorating humanitarian situation in Sri Lanka, and particularly of the Tamil community. What action will my right hon. Friend the Minister for Europe take to ensure that the plight of the Tamil community is high on the EU agenda, especially given the new French presidency?

The Minister for Europe (Caroline Flint MP): I thank my hon. Friend for that question. I know that she takes this matter very seriously and that she has constituents who have great concerns about the situation in Sri Lanka. The European Commissioner for External Relations, Benita Ferrero-Waldner, and the European Commissioner for Development and Humanitarian Aid, Louis Michel, have expressed concern about the situation in Sri Lanka. Both have appealed to the Sri Lankan Government and the Liberation Tigers of Tamil Eelam to ensure human rights and security, in line with international humanitarian law. They are also looking at whether the funding from the EU has been accompanied by the commitment to human rights that is expected when such funding is received. I shall be happy to write to her with a further update on the matter.’
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Having made infantile responses to my open appeal, Dr.Rajaratnam has ventured to also malign me with his remarks on his forays into the Yahoo and Google search engines. He says that ‘ he was shocked to learn that there are numerous allegations about Mr.Jayadevan’. He also uses the words ‘Shock’ and ‘it is not proper’, to accentuate what he had discovered. He overcomes his shock and propriety to further state, ‘Now readers could determine the veracity of the claims by Mr. Jayadevan’. What a waste of years of legal education, when Mr. Rajaratnam acts like a brief-less lawyer! Dr.Rajaratnam should have gone into the archives of some pro-LTTE websites to get further insights into the sexual proclivities of me and my family. A lawyer, who cannot differentiate between fact and fiction, and between truth and lies, is not worth his salt!

Dr.Rajaratnam has tried to become a Psychiatrist- in addition to all the wigs he has tried to don- when he diagnoses that I may have been ‘dissatisfied and traumatized by some personal experience’ when I met Douglas Devananda. I have not met Devananda for over year now, though I have spoken to him by phone a couple of times earlier this year.

The attempt at glorifying Devananda, including the claim that he is a descendant of King Sangilian, though laughable , can be overlooked as attempts serve his master well. The people know the truth and history will be the true judge.

The claim that ‘Mr.Jayadevan seems to be to have been misled about the government as well’ is the height of his servile mentality. What is wrong with the government is an open secret and smells to the high heavens. There is no need to be misled. Promoting the cause of Douglas Devananda to become Prime Minister and glorifying the dummy Provincial Government in the East are Dr.Rajaratnam’s burden, not mine. While he can continue to live in a fool’s paradise to reap the benefits, there is no need for me do so.

His attempt to threaten me with adverse consequences is the topping on a rather insipid cake. He threatens that ‘his client reserves the right to inform the Interpol through the CID to charge me under the British Terrorism Law for creating unrest and inciting people by my advocating racial hatred and making allegations against a duly elected Government and the President’. I wonder how a person who has a higher law degree and a doctorate from England, fails to have learned the fundamentals of democracy, including the right to dissent and protest. I think Dr.Rjaratnam, should proceed to act on his threat and charge me as proposed. He should in the meantime search Google and Yahoo, to understand the remit of the Interpol and the British Terrorism Act. I am sure the Interpol is acquainted with the antics of Devananda, as the United States that recently denied him a visit visa to attend the UN general assembly with President Rajapakse.

Would this eminent lawyer and prominent government servant answer the following questions with a simple yes or no:

Is the EPDP paramilitary group responsible for introducing ‘White van abduction culture in Colombo and Jaffna?

Who was responsible for killing the former editor of ‘Eela Murasu’ at Station road, Wellawatte?

Is the EPDP paramilitary group enjoying the impunity to violate the human rights of the Tamils?
Did the EPDP paramilitary group murder Maheswaran M.P?

Did the EPDP paramilitary group murder BBC reporter Nimalaraj?

Did the EPDP paramilitary group cause serious bodily harm to Sivajilingam MP belonging to the TNA?

Did the EPDP paramilitary group threaten the doctors working in Vavuniya to hand over millions of rupees to the group?

Was Douglas Devanada responsible for organizing the Hartal and demonstrations in the Tamil areas to put pressure on the Indian government at the behest of the President?

Will the EPDP stop its campaign of terror against the Tamils?

Has Douglas Devananda or his proxies taken over the lucrative business of shipping goods to Jaffna after the murder of Maheswaran. MP?

Further, several instances of misdemeanor by the EPDP are coming to light since the publication of my appeal. I have avoided dealing with these in order to keep this debate simple and straight forward.

Finally I have to inform you that I am campaigning to take up crimes of the Sri Lankan government, the LTTE and other paramilitary groups with the International Court of Justice in The Hague. I am sure Dr.T.C.Rajaratnam will be available at that point in time to defend at least some of the accused.
- Sri Lanka Guardian