Editorial
Danushka: price that must be paid
The reality is stark and the price will have to be paid. As a mischievous but amusing text message had it, while Sri Lanka was out the T 20 World Cup before the semifinals, Danushka Gunathilaka for wrong reasons succeeded in putting this country on the world map. While mainstream and social media have already pronounced their judgment, a judicial determination is yet down the road and the cricketer remains held in the meantime in a correctional facility in Australia. But one thing is clear and needs to be said in Gunathilaka’s defence. He did not repeat not (emphasis added) seize the victim, thrust her forcibly into a shrub jungle or wherever and commit an offence. He accompanied her to her home, presumably by invitation, where the alleged acts of sexual intercourse without consent were committed. This after meeting through a dating device, drinks at a public bar and a restaurant meal.
What happened thereafter remains to be established. Obviously accompanying the victim to her home was consensual and probably on her invitation. After the court imposed gag on details of the encounter had been lifted, there have been many reports on what happened or allegedly happened. This was inevitable given the salacious aspect of the incident, the fact that the accused was a member of a national team competing in an international event attracting global attention and, of course, media proclivity for sensation. It is in the nature of things that Sri Lanka’s country image has been severely blackened. After all our national cricketers are unofficial ambassadors of the country and what they do both on and off the field reflects on the country itself. Sadly that has already happened in this instance.
There are two sides to every story and Gunathilaka’s version has not yet been publicized. There have been reports that the alleged assault was triggered by the female partner’s insistence on protected sex which had been rejected. Right now the evidence appears to be mostly circumstantial. The investigation would no doubt have involved medical and forensic aspects that will emerge at a later stage of the proceedings. Gunathilaka’s bail application has been turned down and the case is likely to go to trial early next year. It has been reported that the bail refusal will be appealed in a higher court.
Meanwhile Sri Lanka’s sports minister has tendered a blanket apology over the incident to all concerned. He had labeled it as an “irresponsible individual act” and extended an apology to the victim, the Australian government and people and to the International Cricket Council (ICC). He had further assumed responsibility on behalf of the country and its people and promised “necessary remedial action.” He revealed in a Twitter post that the Sports Ministry and Sri Lanka Cricket had in coordination of the Australian High Commission here taken action to provide the accused with necessary legal assistance. A three-member investigation panel headed by a retired high court judge and two lawyers have also been appointed.
How events will pan out will be seen in the coming weeks. It has been stated in the public domain that although Sri Lanka Cricket had initially taken a firm decision to distance itself from what was called an “embarrassing incident,” there had been VVIP political pressure to bear the player’s legal costs. At one stage it was stated that these costs would be borne but recovered from Gunathilaka, who has now been suspended for the fourth time. The most recent suspension was last year when he, along with two other players breached a bio-bubble in England during the covid pandemic. These players were sent home and a two-year suspension was slammed on them. But this was later reduced to six months. Reduction of punishments imposed or breaches of discipline is not uncommon in Sri Lanka cricket. These are often influenced when particular player skills are needed for the team composition.
Wisdom too often dawns ex post facto. It is now being said that the concerned authorities were too lenient when Gunathilaka last got into trouble. Our cricket correspondent now in Australia says that
the team management comprises of gentlemen who are well respected in cricket circles and no doubt they have the best interests of Sri Lanka cricket at heart. But there are question marks on whether they have the firmness to deal with troublemakers like Gunathilaka. “It needs a Duleep Mendis or an Asanka Gurusinha to take the bull by the horns,” his report said.
However that be, a lot of damage has been done to Sri Lanka cricket and many autopsies on the how’s and the why’s will inevitably follow. This is perhaps the worst incident since the controversial rebel tour against South Africa where apartheid then prevailed. The life ban slapped on the players involved by the Board of Control of Cricket in Sri Lanka ended the careers of most of them, resulting in their exclusion of what had by then developed into a high paying industry. Whether Danushka Gunathilaka, in the event of an unfavourable verdict, will able to play cricket in the few years remaining to him as a player remains to be seen. But there’s no escaping the fact that immense harm has been inflicted both on the player personally as well as Sri Lanka cricket by this unfortunate incident.
Saturday 8th June, 2024
It was with shock and dismay that we received the news about death threats to COPF (Committee on Public Finance) Chairman Dr. Harsha de Silva over the ongoing parliamentary probe into the on-arrival visa scam. Dr. de Silva yesterday told Speaker Mahinda Yapa Abeywardena, in Parliament, that he was facing death threats and intimidation, and it was incumbent upon Parliament to ensure his safety. He stopped short of naming names, but revealed that some ruling party MPs were among those who had ganged up against him. The Speaker only said there had been no complaint, and he would look into the matter.
The SLPP-UNP government has been doing everything in its power to have all parliamentary committees under its thumb. The COPE (Committee on Public Enterprises), which once helped restore public faith in the legislature by exposing state sector corruption, has now become a mere appendage of the incumbent regime, thanks to the appointment of SLPP MP Rohitha Abeygunawardena as its Chairman. The SLPP-UNP combine also tried to oust COPF Chairman Dr. de Silva, but in vain. However, it knows more than one way to shoe a horse.
The COPF, under Dr. de Silva’s chairmanship, has been a thorn in the side of the government, which is struggling to cover up numerous corrupt deals. Dr. de Silva yesterday told Parliament that he found it extremely difficult to function as the COPF head due to severe resource constraints his committee was facing; he himself had to pay the salaries of some of his staff members besides burning the midnight oil.
The sheer workload he had to cope with as the COPF chief had taken its toll on his health, he said, informing the Speaker that he was at the end of his tether, and at times thought of resigning from the COPF. This is exactly what the government wants him to do; resource squeezes and threats are aimed at making him quit.
On 26 May, Dr. de Silva revealed, in an ‘X’ post, that the COPF had uncovered some vital information about the visa scam and it would reveal everything after its final meeting on the issue; the COPF was committed to exposing the truth behind the controversial tender, he added. In an editorial comment on 27 May, we warned him.
While thanking him for his bold stand, we pointed out that by making such a statement, he had thrown caution to the wind, and become a marked target, with the government making an all-out effort to delay the COPF investigation lest the truth should come out much to the detriment of its interests in this election year. Unfortunately, what was feared has come about; Dr. de Silva is complaining of death threats and government moves to strangulate the COPF financially to derail its investigations.
Dr. de Silva’s predicament exemplifies the fate that befalls the few good men and women in Parliament. It is hoped that all those who seek an end to the state sector corruption will rally behind Dr. de Silva, and bring pressure to bear on the government to ensure his safety. Let Dr. de Silva be urged to reveal the names of those who have issued threats, veiled or otherwise, to him and are trying to scuttle the COPF probes.
Friday 7th June, 2024
The SLPP-UNP government is going hell for leather to make bad laws as if there were no tomorrow. It is abusing its parliamentary majority, which has been retained with the help of some crossovers, for that purpose. The Opposition, the media and trade unions are up in arms, and understandably so. The incumbent regime is a dead man walking; it is so desperate that it is capable of anything. Hence the need for it to be restrained.
The Electricity (Amendment) Bill (EAB) plunged Parliament into turmoil yesterday, but the government secured its passage. The Supreme Court (SC) determined the entire EAB inconsistent with the Constitution and recommended changes thereto. After unveiling the Bill, sometime ago, Minister of Power and Energy Kanchana Wijesekera hailed it as an excellent piece of legislation aimed at straightening up the power sector to serve the public interest better.
The SC determination left him with egg on his face. He reminded us of the proverbial curate who, while eating a stale egg, assured his host, a Bishop, that parts of it were excellent. Wijesekera’s egg, as it were, made Parliament stink yesterday, but he sought to please his masters by praising it as a silver bullet.
EAB should have been discarded and a new one drafted in consultation with all stakeholders. But the government is apparently driven by an ulterior motive; its aim is not to serve Sri Lanka’s interests but to look after those of some moneybags.
It is not uncommon for Bills to contain some flaws, which are rectified either before or during the committee stage. But there is something terribly wrong with draft Bills that are full of sections inconsistent with the Constitution. The drafters of EAB have demonstrated their sheer ignorance of the supreme law, and that they are not equal to the task of drafting Bills. If they had read the Constitution at least perfunctorily, they would not have drafted such a bad law.
Ignorant and incompetent, they do not deserve to be paid with public funds and must be sent back to law school. They must be summoned before Parliament and questioned on their serious lapses, which have caused public faith in the national legislature to diminish.
Curiously, the MPs who demand that judges, doctors, Central Bankers, and other public officials be summoned before Parliament have taken badly drafted Bills for granted. The power sector trade unions yesterday alleged that EAB was of Indian origin and geared towards furthering the interests of Adani Group at the expense of Sri Lanka.
Most critics of EAB are agreeable in principle to the need for power sector reforms; the Ceylon Electricity Board should be given a radical shake-up, and transformed into a modern organisation capable of providing a better service at a lower cost. They only asked the government to tread cautiously, consulting all stakeholders and taking action to ensure that the country’s interests prevailed over everything else. But the government was in a mighty hurry to steamroller the Bill through Parliament, making the Opposition ask whether it was doing so at the behest of some external forces involved in controversial power generation deals here.
What is passed by the current Parliament can be either amended or abolished by a future parliament in a constitutionally prescribed manner. But that does not mean that a government is free to pass bad laws, making the country enter into long-term agreements with powerful nations and their investors. It looks as if the SLPP-UNP regime did not care two hoots about the consequences of its actions.
Thursday 6th June, 2024
The outcome of India’s parliamentary election (2024) has led to a ‘perspective ambiguity’. Prime Minister Narendra Modi lost no time in declaring victory for the BJP-led NDA alliance, which secured 293 seats in the 543-member Parliament, but he must be a worried man. The BJP is short of 32 seats to form a government under its own steam; it has lost 63 seats or about 20% of its parliamentary strength. It had 303 seats in the previous Parliament, and that number has dropped to 240.
Modi has become the second Indian Prime Minister to win a third term. The first PM to do so was Jawaharlal Nehru. But Nehru won an outright majority in Parliament in 1962; Modi has had to depend on smaller parties in his alliance to retain his hold on power. Modi must be reeling from a sharp drop in his victory margin in his own constituency, Varanasi; it has decreased to 152,000 from 480,000 in 2019 whereas Modi’s bete noire, Rahul Gandhi, won Raebareli by a staggering 390,000 votes.
Modi, who reigned supreme with 303 seats in the previous Parliament, is now dependent on parties such as Nitish Kumar’s JD-U and Chandrababu Naidu’s TDP to form a government. He has had to lead an alliance of strange bedfellows. Both Kumar and Naidu were bitter critics of Modi. Kumar helped form the oppositional alliance, the INDIA bloc, before switching his allegiance to PM Modi. Naidu also closed ranks with the BJP in the run-up to the election. These politicians have been described as extremely ambitious and highly unpredictable, and whether Modi will be able to manage them and consolidate his grip on the NDA alliance remains to be seen. They will demand plum ministerial posts in return for their support. The TDP is said to be eyeing Transport and Health portfolios! That is the name of the game in coalition politics, where it is not uncommon for the tail to wag the dog, so to speak. These two political leaders are however not the only problem Modi will have to contend with. The next five years will feel like an eternity for PM Modi.
Nothing would have been more shocking for the BJP than its defeat in Uttar Pradesh’s Faizabad constituency, where the Ram Mandir has been built. Modi may have thought he would be able to win the Lok Sabha election hands down after the consecration of that temple, which became a centrepiece of the BJP’s election campaign. The BJP lost that seat to the Samajwadi Party! Modi must be disappointed that the Ram Mandir hype failed to trigger a massive wave of support for his party. This particular defeat signifies a massive setback for the BJP’s ethno-religious agenda.
Modi’s divisive election campaign failed to yield the desired result. The BJP’s failure to secure an outright majority could be attributed to a host of factors, some of them being the suppression of the Opposition, the arrogance of power, chronic unemployment, and the rising cost of living. The BJP also did not care to reimage itself in a positive light to attract the youth.
Modi will hereafter see the Congress-led INDIA bloc with 223 seats, in his rearview mirror. The Congress (99 seats) and its allies have eaten into the BJP support base considerably, but they have a long way to go before being able to capture power.
The bumpy ride ahead for the BJP-led coalition government to be formed may improve the INDIA bloc’s chances of bettering their electoral performance and turning the tables on the BJP and its allies in time to come. Modi will have a lot to worry about in his third term.
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