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 I was told recently by a diplomat that, amongst the worries in connection with the appointment of Mohan Pieris as Chief Justice, was the feeling that he had been put there to subvert any judicial process that might be implemented with regard to War Crimes. This struck me as ridiculous.

But it washttps://i0.wp.com/bit.ly/ZjEKY4.qrcode also indicative of the deep distrust and lack of logic that bedevil our relations with the world. It is based on an obsession with War Crimes that is a creation of two equally pernicious initiatives. The first is the determination of the LTTE rump to avenge the destruction of their hero and the terrorist separatist agenda. The second is the cynical efforts of some Western politicians to use the charge to exert pressure on us.

As the LLRC report indicates, and all actual evidence suggests, if there were abuses, they were committed by individuals, and should and would be dealt with by military courts. Though it is claimed that we have delayed unduly in this regard, that is absurd, and those who complain know this perfectly well, given how long it has taken the British and the Americans to deal with abuses by their personnel. Of course our failure to act with regard to what happened in Trincomalee is another question, and our delay there is unacceptable, but that had nothing to do with the war, and did not involve the military.

Where we are at fault  in not publicizing what we are doing. We should learn from what the Americans and the British did, and perhaps even emulate them in acquitting everyone except one suitable scapegoat – and the Americans avoided doing even that in the celebrated case of the team that cut off the thumbs of their victims.

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Chief Justice – Shirani Bandaranayake

It is ironic that, having been the only government Member of Parliament to complain over the year of the failure of the Judiciary to administer justice either effectively or efficiently, I seem now to be the only one who thinks impeaching the Chief Justice would be a mistake. This struck me when Ravaya was interviewing me about the matter, which was when I also realized how quickly history is forgotten, and in particular the perversion of justice that this Constitution seems to have entrenched.

My first active political intervention in this country occurred when I resigned from my job with Peradeniya University to protest the manner in which Mrs Bandaranaike’s Civic Rights had been taken away for seven years, the maximum punishment possible under the law. That was the most egregious instance of Parliament acting as a judicial body, and it was a horrifying sight. I can still recall then Prime Minister Premadasa claiming that one reason to punish Mrs Bandaranaike was because she was an example of absolute power corrupting  absolutely. He said this with no sense of irony while nearly 140 government parliamentarians cheered and jeered. The TULF had left the chamber, so Mrs Bandaranaike had barely half a dozen supporters, and the dignity she displayed on that occasion has remained the most impressive of my political memories. Read the rest of this entry »

Rajiva Wijesinha

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