Victory of Truth in a War of Words

  The White Flag drama emerged as a result of K.P. (Kumaran Pathmanadan) the present LTTE Leader (under enforced surrender and getting the best treatment from the GOSL) making some urgent requests to save the lives of the LTTE Leaders trapped in the North from various world leaders. So the real drama was unfolded by none other than this LTTE Leader K.P. with the GOSL and now it vibrates in various corners of the world.

by S. S Upasiri de Silva

(November 13, Colombo, Sri Lanka Guardian) It is sad but true that few Sri Lankans would have followed the debate on the engagement of our troops in the last stages of the LTTE created war. After nearly 30 years of terrorist atrocities our troops defeated the LTTE at a water log area called Nandikadal, and what has happened at the last two days of this war has created enough vibration to damage the goodwill and the trust of the civil society in Sri Lanka.

May 17th 2009, just past midnight (around 2.00 am (Australian Time)) I got two SMS messages from Sri Lanka to say that the war was over. We were so thrilled and contacted many friends, to give this wonderful message. After the annihilation of the LTTE we never thought that the country will face mounting charges from the international community about "Human Rights" violation after the professional way we completed the war.

In addition to all this General Sarath Fonseka who commandeered the war is now charged for making provocative statements creating unrest and communal problems in the country and inconveniencing the government because a certain Editor of a Weekend paper published a controversial report. The unanswered question we should ask from her is "did she published this sensational story to please certain people in the defence establishment", when General Fonseka declared that all those LTTE leaders who got killed on the battle field during the final battle died due to the war.

Who fired the First Salvo about the White Flag Drama?

The first salvo of this White Flag saga was fired by a reporter by the name of Andrew Buncombe reporting from Colombo to "The Independent" on 20th May 2009, under the heading "Tamil Leaders killed as they tried to surrender". In his article he quoted as "Mr. Kohona, then Secretary to the Ministry of Foreign Affairs produced a text message stored on his phone which he had sent to the NGO at 8.46 am on Sunday, 16 hours before the Norwegian Minister had his final conversation with the LTTE Leaders. The message is in response to a question from the NGO as to weather the two political leaders ( Seevarathnam Pulidevan and Balasingham Nadesan) would be safe if they give themselves up. The answer was "just walk across to the troops, slowly with a White Flag and comply with instructions carefully. The soldiers are nervous about suicide bombers (unquote)". But according to Buncombe, "the Tamil political leaders followed the instruction but shot dead by the troops".


Who fired the Second Salvo about the White Flag Drama?

The famous LTTE supporter (British reporter), Marie Colvin, a friend of the former LTTE Leader who was rescued by the Army when she got lost in the Wanni jungles while coming out from LTTE held areas, reported to the London Sunday Times on May 24th 2009, just few days after the final battle was over, about "Tamil Leaders were killed as they walk towards the troops slowly with White Flags". She further stated that (Quote) ‘I told him (Vije Nambiar- Ban Ki-Moon’s Chief of Staff) the Tigers have laid down their arms. He said he had been asked by Mahinda Rajapakse, the Sri Lankan President, that Nadesan and Pulidevan would be safe in surrendering. All they had to do was" hoist a white flag high", I asked Nambiar if he should not go north to witness the surrender. He said NO, that would not be necessary the President’s assurance were enough"(unquote). She further wrote (quote) "I was woken at 5 am by a phone call from another Senior Tiger contact (this may be K.P) in South East Asia. He had been unable to get through to Nadesan. "I think it is all over" he said. I think they are all dead.(unquote). The only Tiger Leader who was living in the South East Asia at that time was KP and he may be the one who contacted Marie to save the LTTE Leaders. According to the interviews KP gave to a reporter, he said he left the LTTE after the 9/11 Terrorist attacks in USA. But in 2009 still he was trying his best to save the LTTE Leaders from the Sri Lankan Army. Will anybody believe this cock and bull story of KP?

The White Flag drama emerged as a result of K.P. (Kumaran Pathmanadan) the present LTTE Leader (under enforced surrender and getting the best treatment from the GOSL) making some urgent requests to save the lives of the LTTE Leaders trapped in the North from various world leaders. So the real drama was unfolded by none other than this LTTE Leader K.P. with the GOSL and now it vibrates in various corners of the world.


Charges against General Fonseka.

Making a false statement to Frederica Sandra Kamela Janz, the editor of the Sunday Leader newspaper that the Defence Secretary Gotabaya Rajapakse had ordered Brigadier Shavindra Silva over the phone ‘not to let any of the LTTE leaders to surrender and to kill them all" and there by creating terror and panic. (Charges under emergency regulations).

Arousing communal feelings directly or indirectly, by making the above statement. (Charges under the Emergency regulations).

Arousing anti-government feelings among the public and creating disputes among them by making the above statement. (Charged under the Penal Code).


When was this false statement made?

The Sunday Leader Frederica Janz had few cases filed against her by the Defence Secretary Gotabaya Rajapakse for publishing false and misleading reports about the Ministry of Defence and the Secretary of Defence Mr. Gotabaya Rajapakse. In regard to these publications she was charged for contempt of Court and she undertook not to publish adverse things regarding the Defence Secretary. But after the killing of Lasantha Wickramatunge she most probably suspected the defence establishment for the killing and violated this undertaking and was bailed out on making false publications.

This court incident happened few months before she interviewed General Sarath Fonseka on 8th December 2009. The question she put to General Fonseka after the interview was a casual inquiry and it was answered by General Fonseka saying "yes I also heard about this" according to some one who was with the group at that time. Then why she published these false and misleading reports "that Defence Secretary Gotabaya Rajapakse ordered Brigadier Shavindra Silva over the phone not to let any of the LTTE leaders to surrender and to kill them all" when according to Frederica Janz’s own evidence at the ongoing trial she stated that "during the interview held on December 8, he said he had heard about this, but it was on December 12th when I called him that he said he heard about this from another journalist."

Is this answer comes within the ambit of the law in making a false statement?

When we analyse the "victory of truth in a war of words" we can come to a very clear conclusion that the charges against General Sarath Fonseka should have directed against the Editor of the Sunday Leader Frederica Janz as she has published a false statement to defame the Defence Secretary Gotabaya Rajapakse but implicating General Fonseka while breaking her bail conditions. Frederica Janz has deliberately published an adverse & misleading report to create terror and panic under the Emergency Regulations. Can we conduct an election under emergency regulations?


Who forced the AG to file this indictment and why?

By doing this deliberate act she has violated her bail conditions and the courts system should have taken appropriate action to arrest her and keep her in custody and punished her in an appropriate manner. But what the Defence Secretary who goes to courts for every thing did in this blatant violation of his good name to use that false publication as a election triumph card and charge General Fonseka under a false pretence. This clearly indicates that this publication to harm the reputation of General Fonseka during the election time was created deliberately by some one with the help of Frederica Janz.

If Gotabaya Rajapakse, Secretary of Defence never ordered to kill any LTTE Leaders as reported on 20th May by Andrew Buncombe in the Independence and on 24th May by Marie Colvin reported in the London Sunday Times, as he is not the Commander of the Army but only a line Ministry Secretary, he should have reported the Sunday Leader Editor Frederica Janz for publishing misleading information to defame the former Army Commander and himself. What he did was to instruct the Attorney General to charge General Fonseka under Emergency Regulation for making false and misleading information.

Can a Presidential Candidate charged under the emergency regulation during the election time, when he was covered by the Election Law?


What are the responsibilities of a Secretary?

Gotabaya Rajapaksa the Secretary of the Ministry of Defence is only the Chief Accounting Officer of that Ministry, and has no powers to order any members of the Tri Service to kill or arrest anyone under the Army Act or the Criminal Act of Sri Lanka. Everyone including an NCOs’ knows that Gotabaya Rajapaksa is the younger brother of the President Mahinda Rajapakse. He is not the Deputy Defence Minister but only a line ministry Chief Accounting Officer. He may be aware of his responsibilities. Then why he went overboard to charge General Fonseka when Sunday Leader, Editor Frederica Janz, published that news report on 13th December 2009 in her paper.

The proper action should have been to report the matter to the AG and request him to take action against Frederica Janz for violating her bail conditions. Any sane person will argue that as a the secretary of a line ministry Gotabaya Rajapakse is not authorised to order the Army Commanders or Major Generals or Brigadiers to direct the activities of the Army, and any person making or publishing such fabricated information is guilty of misconception and misrepresentation of facts.


"Travesty of Justice" may NOT occur?

There were two people who made very serious accusation in public about these killings. One was Andrew Buncombe, the other one was Marie Colvin. Marie Colvin implicated another LTTE Leader now in the company of the high ranking GOSL people. Then after them Sunday Leader Frederica Janz made a very serious accusation and implicated former Army Commander General Fonseka.

But none of these people are under arrest or charge for violation of the emergency regulation by spreading false and defamatory information to harm the reputation of the Rajapakse government and the good name of Defence Secretary. But the AG had the audacity to charge the Presidential Candidate under emergency regulation when the Election Laws supersede the Emergency regulation on the said time period.

When we compare the White Flag Drama as a coin and as every coin have two sides and we need to assess the implication of both sides before we come to a final conclusion. One side of this coin is trying to charge General Fonseka for some thing he never said to Frederica Janz and the other side is the International community waiting to pounce on the GOSL, President, Defence Secretary and the former Army Commander for war crimes.

If General Sarath Fonseka is found guilty due to some unknown reasons then the International Community will use that as a leverage to get these three people before a war crime tribunal. Why? It proves that the courts believe a Editor of the News Paper on bail for violation of a promise she tendered to the court system and purposely trying to create an offence to disgrace the courts system over the former Army Commander who commandeered and directed the LTTE war to the end in a very professional manner.

If this unfortunate situation ever occurred then the entire country will pay for believing an Editor’s foolish words printed in a News paper and then we all can shout from ROOF TOPS that the "Victory of Truth in a war of words" is the causality of rushing to punish a person who should be venerated.

I think the old saying that the trader heard while sleeping is very appropriate on this occasion "Maga Hitiyoth tho Nasee, Gedara Giyoth Ambu Nasee".

Will the three learned and respected High Court Judges with very excellent reputations of delivering very correct judgements will allow a "travesty of justice" to occur and bring the powers of the International Community to brush on every ones face? I hope natural justice will prevail and the learned Judges may deliver an appropriate judgement setting General Fonseka free.