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Judges protest as controversy over Minister’s son takes disturbing turn

By Susitha R. Fernando

As public and political pressure mounted for action against non-cabinet Labour Minister, Mervyn Silva’s son, Malaka for allegedly assaulting a chartered accountant at a restaurant, an unidentified group has threatened the mother of the magistrate who refused to grant him bail last week.

Condemning the alleged threat, the Judicial Services Association (JSA) charged yesterday the threat was an attempt to interfere with the judiciary in regard to the Malaka Silva case.

Kandy District Judge and JSA Secretary Nissanka Bandula Karunarathna in a statement said an unidentified group had come to Magistrate Darshika Wimalasiri’s house in Peliyagoda and threatened the magistrate’s mother.

The group which had come around 9.45 pm had got the door opened and told her in a threatening manner to get her daughter to release the Minister’s son on bail.

“The Minister wanted us to tell the Magistrate to grant bail to his son”, the group had told the Magistrate’s mother.

The following morning too the group had called at the Magistrate’s residence and asked the mother whether she had given the message to her daughter. The mother had replied that she could not pass that of sort of message to her daughter.

Later the Magistrate’s mother had lodged a complaint with Peliyagoda police.

Following the incident the judges association immediately summoned an executivecommittee meeting at which they issued a statement condemning the alleged incident.

The judges association said, “Irrespective of the powers and the positions the persons who are responsible for the alleged threat must be brought before the law and punished,”.

“At a time when the protection of justice is pertinent to the public, the Sri Lanka judges association or any judge would not allow any chance to those who try go above the law. Any person who challenges and threatens the impartiality and independence of the judges and the judiciary would not be allowed to run away from the law,” the JSA said.

The judges association also said it hoped that the Police will accelerate its investigation and take immediate action to bring the culprits before the law.

The person responsible for making the alleged threat must be brought to book irrespective of the positions they hold.

The statement in Sinhala also said “It is seen from this incident that a certain group of people had tried to exert undue influence and interfere with an impending case in a manner prejudicial to the independence of the judiciary. Our Association wishes to state that this act no matter who had committed should be condemned as highly repugnant,”

The threat by the unidentified group had come a day before the Additional Magistrate’s order last Thursday in which she refused to enlarge the suspect Malaka Silva on bail as he was arrested for possessing a firearm and that he is facing a charge under the Firearms Ordinance which is a non-bailable offence.

Following the incident, Judicial Service Commission (JSC) had had directed the Judicial Security Division head SSP Caesar Ranaweera to provide necessary protection to the Magistrate.
The case is to taken up before the Mt Lavinia Magistrate today.

An application was filed in the High Court of Colombo by Malaka Silva’s mother, J. A. Mary Lucida, that the charge that her son had assaulted a person with a pistol was false.

Her bail application mentioned that Malaka Silva had not assaulted anyone, but he had engaged in some conflict at the club. The applicant further mentioned that Malaka Silva was also assaulted and was hospitalized. He is not fit to appear before the Courts, the applicant said.

She has pleaded that Court grant him bail with any suitable condition.

by Franklin R. Satyapalan

The Judicial Services Commission and the Judicial Services Association yesterday did not mince words condemning attempts to influence the Judiciary through thuggery. They were referring specifically to the Malaka Silva case, in which the Mount Lavinia Magistrate had been threatened by goons.

COLOMBO: The Judicial Service Association yesterday condemned threats made against the mother of Additional District Judge Darshika Wimalasiri by an unidentified gang a few days ago.

The Association said the gang had asked her to tell her daughter to grant bail to a minister’s son.

They had again come the next day and inquired whether the message was relayed, the Association said. The Association condemned this act, saying it signified an attempt to influence the judiciary.

It expressed the hope that Police would bring the culprits to book.

Malaka – rapping it in style at a night club he frequents

President goes with Mervyn to retain Denzil Gunaratne PC for Malaka

DIG goes with Mervyn to Malaka’s lawyer’s house to discuss charge sheet

Police blasted by Mahinda for not helping Mervyn

Defence Advisor castigated by President for recommending justice

Mervyn meets Magistrate’s husband to fix case unsuccessfully

Mervyn orders police to downplay injuries in report

OIC Bamba sidelined after getting remand order and case taken over by DIG

Neurologist who secured doctorate for Mervyn gives MC to Malaka

Claudia says Malaka pulled her by the hand and she resisted

By Sonali Samarasinghe

While the country watched in disgust, Labour Minister Mervyn Silva was last week seen making desperate attempts to intimidate and influence the prisons, the judiciary and the police to subvert the course of justice on behalf of his son Malaka.

The 31 year old Malaka is the Private Secretary to the Labour Minister and therefore together with his father an official of government being sustained by the public of this country.

Shockingly Silva’s intimidatory tactics was to receive ample side support from none other than the highest in the land, the politically insecure President Mahinda Rajapakse – a man who would do the most despicable to keep his job. And the tale that we are to unfold will shock even the most ardent of Rajapakse loyalists if nothing else for the mere attempts to subvert the due process of law.

Silva and Rajapakse go a long way. It was Silva as a young, unemployed village lad in those days who was to help Rajapakse in his political campaign in Beliatte in 1970. When Rajapakse took office in November 2005, it was again Silva who felt it his duty to erect a massive billboard at the eye hospital roundabout naming Rajapakse the country’s next Dutugemunu. Earlier Silva himself claimed he was a descendent of Dutugemunu.

Last Thursday at about 11.30 p.m Mervyn’s son Malaka and 10 of his friends and body guards were to set upon 37 year old Chaminda Senasinghe, an accountant who had only a month back returned from the United States to serve his country, at the Bistro Latino Restaurant and Salsa Bar, allegedly ramming the butt of a 9 mm gun in his face and assaulting him mercilessly as he fell to the ground.

Ex-girl friend

The provocation seemed to be that Senasinghe had arrived at the Bistro for dinner together with a recent acquaintance of his, Claudia Kreussler. Claudia had been by all accounts an ex-girl friend of Malaka’s. And therein lies the rub.

As the wheels of justice started to turn on Malaka, a well known club bully with a track record known to both the police and the public at large, Minister Mervyn Silva went on a rampage of intimidation.

Jayewardenepura Hospital

On Monday (10) early morning, Dr. Asoka Jayasena, a consultant at the Jayewardenepura Government Hospital (SJGH) was to receive several calls repeatedly to his mobile phone from Mervyn Silva. However Jayasena was in the operating theatre and according to eye witnesses had been unable to answer the calls.

For Mervyn there was a real urgency. His son’s case was being heard that very morning and he was determined to ‘get to the judge’ before the case was taken up in open court.

Not giving up, at about 9.30 a.m Mervyn rushed over to the hospital and went straight to see Dr. D.D.Ranasinghe, the chairman of the SJGH and asked to somehow speak to Dr. Jayasena. Ranasinghe was appointed chairman by Rajapakse on the insistence of Dr. Ranawaka, a well known confidant and advisor to the President.

Attempting to influence the judiciary

Thus Ranasinghe willingly escorted the government Minister to Jayasena’s ward and it did not take a second before Mervyn was to barge in to the theatre and speak to Jayasena. He entreated the doctor in front of several witnesses to prevail upon his wife Aishanee Jayasena, Chief Magistrate at the Mount Lavinia Courts not to take any action against his son and to go easy on him.

However Aishanee Jayasena, a tough judge is well known to take a dim view of such tactics and had in any event moved the case from her court due to a conflict of interest.

Intimidating the police

Trying to quickly cover all his bases and in his twisted mind thinking he had covered the judiciary, Mervyn was to now rush to the Colpetty police station. Between 10.30 and 11a.m Mervyn Silva in full view of several members of the public and other police officers was to barge into the Colpetty police station lobby.

He was to speak to ASP Palitha Siriwardena and tell him loudly in the presence of civilians and other officers that the police must down play the incident and state that it was a case of simple hurt where minor injuries had been suffered, when preparing their police report.

ASP Siriwardena had than according to witnesses reasoned with Mervyn stating the police had done everything they could possibly do. Silva had gone ballistic shouting ‘Thamusela Janadhipathi kiyana de wath karanna be, Mama Araliya Gaha Mandirayata den yanawa, Mama Janadhipathita kiyanawa.’ (You people don’t even carry out orders given by the President. I’m going to Temple Trees now, I am going to tell the President).

By now the President was also fully involved in the drama pulling punches to get Malaka off the hook.

MR as junior lawyer

That night Mahinda Rajapakse casting security aside was to accompany Mervyn Silva to President’s Counsel Denzil Gunaratne’s chambers for a consultation. Gunaratne was appointed a PC by Rajapakse and it was the President himself who was to arrange Gunaratne as counsel for Malaka. The President and Gunaratne go back a long way and has represented him personally in several cases including the Helping Hambantota matter.

In fact it was Gunaratne who on behalf of Rajapakse spoke to the late K.C. Kamalasabayson PC, former Attorney General and advised him to resign prematurely, a fact the then Attorney General confirmed to this newspaper at the time.

But more sinister moves were already being made. The case which was being handled by the Bambalapitiya police was now taken away to be handled directly by DIG Colombo, Rohan Abeywardena though for forms sake it was kept within the jurisdiction of the Bambalapitiya police.

The plan was that the DIG would ensure the case came under a charge of simple hurt and the B report detail only minor injuries to the victim. Abeywardena was to also ensure that there would be no mention of a weapon used and therefore no charges under the Firearms Ordinance could be filed thereby literally letting the club bully Malaka get bail as a matter of course.

Abeywardena who was due to retire last Friday (14) was expected by his masters to set the stage for such a scenario as perhaps his last Hurrah before retirement.

‘Apey miniha’

And by now President Rajapakse had girded up his loins and was willing to get his hands dirty as well. He was to call up the Colpetty police from Temple Trees and blast them right royally. “What are you people trying to do to me,” he said. “Mervyn ape miniha” he said. Scolding the police he also said that at a time 11-12 members wanted to leave, he did not want Mervyn to leave as well.

It was not that Rajapakse did not have wiser counsel. M.D. Fernando, one of his presidential advisors on defence was to call him and entreat him to desist from hasty action. He told the President that the police by taking a tough, independent stand had saved him, the country and the reputation of the police. Fernando was to ask the President what he thought Mervyn had done to help him and had also told him that letting justice take its course was a good thing and would enhance his popularity.

Mahinda Rajapakse had been visibly angry saying “What do these people know what is good for me, I know what is good for me.” The President was to later slam the telephone and tell those in his presence Fernando was out of touch with reality. Pulling all the strings available, Mervyn had also spoken to Defence Secretary Gotabaya Rajapakse seeking help but to his credit, the Defence Secretary opted not to twist the arm of the police to subvert justice.

OIC Bamba kicked out

But by this time the cancer had already started to spread. Mervyn had told DIG Abeywardena not to send Chief Inspector Abeyratne Dissanayake, the OIC Bambalapitiya for the case and it could easily be seen why. It was Dissanayake who had made submissions on the first day in court and had filed a B report which included details of a 9 mm gun being used by Malaka, severe injuries to Chaminda Senasinghe the victim, and also stated that Malaka had a scratch on his nose and had no other injuries according to Malaka himself who had been specifically asked this by the police officer recording his statement. It was obvious the inclusion of Dissanayake in the police team would be detrimental to Malaka.

It was equally obvious that the government and its Minister Mervyn was using senior police officers, prison officials and the JMO to subvert the course of justice and also interfering with key witnesses to the drama.

Chaminda Senasinghe was to lament to the media that no one helped him as he lay bleeding on the ground because they feared for their lives. A week later the wishy washy statements by eye witnesses that do not tally with the injuries suffered by one party merely demonstrate the fear psychosis that exists in the minds of the club going society when it comes to Malaka and his gun toting goons.

Intimidation

But let’s throw our minds back to the incidents of last Thursday, September 6. The incident took place at the Bistro Latino between 10.30 and 11p.m. After the assault Malaka and his goons stormed out of the restaurant while a battered and bleeding Chaminda Rupanath Senasinghe of 3V Chelsea Gardens, Colpetty lay hurt on the ground.

Chaminda was to first rush to the National Hospital where he was treated for facial injuries. He was to go to hospital accompanied by his dinner companion Claudia Kreussler, the apparent cause of Malaka’s distress.

Phone calls

And even at that time Malaka had already started to work on possible witnesses. Not minutes after the incident Claudia received several phone calls from Malaka on her mobile and she was repeatedly asked where Chaminda Senasinghe was.

Malaka it is reliably learnt did not give up on Claudia and had repeatedly kept calling even later, a fact borne out by the phone records.

Be that as it may, after his treatment at the hospital Chaminda proceeded to the Bambalapitiya police station and at about 1.15 a.m on the morning of September 7 made his complaint.

The complaint stated that Malaka Silva had attacked him with what appeared to be a 9 mm pistol and had bashed him on the head with the butt of his gun. As he fell to the ground about 10 of Malaka’s friends had mercilessly assaulted him. No one had come to assist him while he was being beaten, he had also stated.

Malaka’s complaint

Meanwhile at 11.35 p.m Malaka who did not have any injuries except a scrape on his nose according to original police records was to also make a complaint. Malaka who resides at 296/7, Park Road, Colombo 5 said that an unknown person in a long sleeved shirt had assailed him and having asked him whether he was Malaka Silva had then slapped him across the face and kicked him wherein he had fallen to the ground. On seeing him fallen the people in the club had come up to him, he also stated.

On the next day September 7, Chaminda Senasinghe due to his head injuries and a feeling of dizziness was to consult Dr. Maiya Gunasekera and undergo a series of scans at Nawaloka Hospital before he returned to the National Hospital for observation.

Malaka in a prudent move was to also take up rooms at the Asiri Private Hospital. As it turns out not only patriotism but also hospitals are now fast becoming the refuge of scoundrels.

Original B report

While both Chaminda and Malaka were laid out in hospital, on Monday, September 10 OIC Bambalapitiya police Abeyaratne Dissanayake filed a B report in the Mount Lavinia Magistrate court in case number B/4455/07 citing Malaka Silva as the suspect.

The report stated that the police had not observed any injury other than a scratch on the nose on Malaka while they observed a lot of blood on the shirt worn by Chaminda Senasinghe, and two plasters on the sides of his head where injuries had been attended to.

The report also made mention of a 9 mm pistol used to assault the victim and the OIC therefore stated that the charges should be filed under the Penal Code and the Firearms Ordinance. The police noted that the JMO report had not yet been given and that Claudia’s statement was still to be recorded.

Malaka arrested

Dissanayake told court that since Chaminda Senasinghe had been severely injured he had gone to the Asiri Hospital room 210 on Sunday, September 9 at 11.20 a.m and proceeded to arrest Malaka Silva.

OIC Dissanayake requested court to remand the suspect Malaka Silva until September 19 until further investigations can be carried out.

The case was taken up before the Mt. Lavinia Magistrate on the morning of Monday, September 10 but was referred to Colombo Chief Magistrate Courts as both the suspect and the complainant were in hospitals situated in areas that came under the Chief Magistrate’s jurisdiction.

Colombo Chief Magistrate Kusala Sarojini Weerawardena who visited suspect Malaka Silva at Asiri Hospital remanded him till Wednesday 12. However Malaka was allowed to remain in hospital. The usual practice on remanding him President’s Counsel M.L.M. Ameen, lawyer for Chaminda Senasinghe told The Sunday Leader, would have been to remove him to the remand prison upon the order being made. That the prison authorities did not do.

Ameen told The Sunday Leader that only if the remand hospital had no facilities to treat Malaka was it in the discretion of the superintendent of prisons to allow him to use the services of a private facility.

OIC removed

So it was that when the case was taken up in the Mount Lavinia Magistrate’s court on Wednesday (12) it was not Malaka but his father Mervyn who was present in court. Mervyn and a coterie of security goons arrived in the courts in three jeeps.

Funnily enough giving credence to the information that Mervyn Silva with the help of President Rajapakse was allegedly bent on ‘fixing’ the case, OIC Dissanayake who had prepared the original incriminating B report had been removed from the proceedings and a new police officer, one Chief Inspector Gunasekera put in his place.

On cue the police last Wednesday considerably changed their story from the original B report and said there was no one who supported the story of a firearm being used. Interestingly, President Rajapakse was to say much the same to Chaminda’s brother, Attorney Sujeewa Senasinghe when they met in Kandy over the weekend at a rugby match. The President on being told his brother was assaulted with the butt of a gun had made light of it stating it might have been some other small instrument.

Despite the fact that Chaminda Senasinghe was in the National Hospital being treated for severe injuries to the head and face with several stitches to boot, the police in a complete turn around was to now downplay the incident stating it was a matter of simple hurt where the parties had suffered minor injuries.

Accordingly, Rajapakse’s old friend Denzil Gunaratne, senior counsel for Malaka was to make an application for bail on September 12 stating the matter was merely an altercation at a club and should be referred to the mediation board.

M.L.M. Ameen, PC meanwhile was adamant. He said the police had filed charges under the Firearms Ordinance and that it was a non bailable offence. He also detailed several instances where the police had backtracked on their original statements to court and said his client had no confidence in the police, the prisons or the administration but that the judiciary was his only hope. Ameen also urged court that in this backdrop the Attorney General should be brought in to peruse all documents filed in court and to assist court. That application was made in the firm belief Attorney General C.R. De Silva will act honourably and not countenance any pressure brought to bear on the law enforcing authorities.

Unlawful Assembly

Ameen also said that since there was an allegation that some 10 or more persons had assaulted his client there was also the unlawful assembly charge to be looked at.

Magistrate Darshika Wimalasiri remanded the suspect and ordered him to be produced in court on September 13.

Meanwhile Mervyn Silva was seen bounding out of court and greeting President’s Counsel Ameen with a cheery ‘Hello Mr. Ameen’ while the senior criminal lawyer hurried away to another court.

Theatrics

On September 13 Malaka arrived in court in an ambulance and claimed he was feeling vomitish no doubt pregnant with hope bail would be forthcoming given the leg work done by the high and mighty. Magistrate Wimalasiri however remanded the suspect until September 19 stating the court had no jurisdiction to grant bail as Malaka had been taken to custody under the Firearms Ordinance. She said a bail application should be made to the High Court.

It is reliably learnt that several judges including Chief Magistrate Aishanee Jayasena who plays a supervisory role over the other magistrates had discussed the legal implications and ramification of the case and had been advised that the judiciary must rely on the original report rather than the second B report which attempted to downplay the offence.

The subsequent B report which was filed by Police Inspector Gunasekera did not refer to any firearm being used and described the injuries as minor, falling within a simple hurt charge which could be referred to the mediation board.

It was obvious that there had been a foul game afoot as the man who was unceremoniously dumped from the police proceedings Dissanayake, had even openly told the media that when Chaminda Senasinghe had come to the police station his shirt was smeared with blood, that he had plasters on his head and near his ear – a statement which was not only commensurate with pictures taken immediately following the incident, but also with his original B report.

In a move that would no doubt strengthen the public’s flagging confidence in the judiciary, on Thursday Magistrate Wimalasiri refused to accept the second B report filed in court by Gunasekera.

It is only then due to a vigilant judiciary that the high and mighty could not subvert the process of justice to satisfy a political blackguard.

Malaka gets medical certificate from neurologist

Despite the fact that Malaka’s own statement to the police made just half an hour after the incident stated that he had merely got a scratch on the nose and having denied he had any other injury when specifically asked the question by the police officer recording his statement, Malaka was to develop various medical ailments as the heat increased.

Last Thursday he came to court in an ambulance covered from neck to toe and told Magistrate Wimalasiri he was feeling ‘vomitish.’ He produced a medical certificate signed by Prof. Dr. Geethanjana Mendis, a consultant in neurology and director of sports medicine.

However Geethanjana Mendis was to give the certificate as a personal friend and Malaka is under the care of one Dr Sriyantha Mendis, a physician at Asiri Hospital.

Dr. Geethanjana Mendis is the chairman and trustee of Medicina Alternativa (MA) founded by the late Prof. Anton Jayasuriya and a top man in the Open International University for Complementary Medicine (OIUCM) affiliated to MA. The trust itself is under a cloud as many counter claims have been made that various persons are the inheritors of the legal status to both these institutions.

But Mendis and Silva are old buddies. In fact it was Mendis who was instrumental in getting Mervyn Silva a cap and a gown and a prefix of ‘Dr.’ before his name.

The Sunday Leader has it on good authority that it was none other than Dr. Mendis who introduced Mervyn Silva to the late Prof. Anton Jayasuriya and recommended to the late professor who was at the time quite unaware of Mervyn’s contributions to society that he be conferred an honorary doctorate by this university.

It is now this neurologist who is churning out medical certificates for Malaka.

AG asked to act

Lawyers for Chaminda Senasinghe met the Attorney General C.R. De Silva on Friday (14) at 11.30 am and delivered a letter detailing the several incidents that had occurred causing their client to lose confidence in the police and prison administration.

The letter called upon the Attorney General to peruse the records in the case and directly indict the suspect under the law.

Earlier Malaka had been indicted by the AG on charges of willfully causing hurt to deter a public servant from his duty. Malaka had threatened a police officer at gun point and intimidated and attacked a Police Narcotics Bureau team in the early hours of July 24, 2005. Malaka pleaded guilty and the High Court judge ordered each of the three accused including Malaka to pay compensation and be of good behaviour for one year. Malaka should well have known that he is still under the conditions of the High Court and well within the period of enforced good behaviour which would end only on November 2, 2007.

Mervyn visits Denzil with Colombo DIG

Establishing a clear conflict of interest, last Thursday (13) night, Mervyn Silva accompanied by DIG Colombo Rohan Abeywardena and a team of police officers went to meet Malaka Silva’s lawyer Denzil Gunaratne PC, for a consultation. They took with them the Medico Legal Report to confer with the defence lawyer on how best it could be used to the advantage of Malaka.

Gunaratne was to advise the police that they should frame charges of simple hurt, a charge that could be referred to the mediation board given the contents of the Medico Legal Report.

What is shocking is that the suspect’s father is being accompanied by the police who are the complainants in the case to the residence of the suspect’s lawyer to discuss how best the case can be filed to benefit the suspect Malaka Silva. Mervyn was to later boast that he went with the DIG to Gunaratne’s house. And that was not the only occasion either.

The Sunday Leader called Gunaratne for his comments on this meeting but Gunaratne said the media should not call him for his comments regarding privileged information with his clients but just write if the sources are good. It should be noted that Gunaratne did not deny that the DIG visited him in the company of Mervyn.

However Gunaratne seems to be missing the point. The point is not whether he divulges any privileged communication but whether there is an attempt by the police to subvert the course of justice. Is it not a blatant conflict of interest when a senior police officer accompanies the suspect’s father for a consultation with the suspect’s lawyer and decides on the nature of the charge sheet? Mind you this is after a B report had been filed and Malaka arrested under the firearms law. This visit is even more damning as the original OIC Dissanayake who had filed the first B report was removed from the proceedings and replaced with a policeman of their choice.

What if this happened to your son, Chaminda’s bro asks President

Dr. Namal Senasinghe, the elder brother of Chaminda earlier spoke with both President Mahinda Rajapakse and Defence Secretary Gotabaya Rajapakse on the incident. Both Rajapakses assured Namal there would be no government interference. However on September 11, Namal was to write to President Rajapakse in disgust. The following is the full text of the letter.

“Dear Mr. President,

Nothing has happened with my brother’s issue. You and I know that he is the victim and Silva’s son is the assailant. In fact the whole country knows it. There is political influence on police. Probably not from you. I have lost faith in Sri Lanka. This is a country only for the politicians to live. Might as well make everybody in Sri Lanka a politician.

Just think if this happened to one of your kids. How would you react? The assailant is in a hospital with minimal or no injuries. I won’t be surprised soon the victim becomes the accused.

At least now do justice and let police arrest the culprit. If you really love the youth in Sri Lanka as you say in your speeches you should show it to the nation by deeds. The youth should not be harassed by thugs.

Let the JMO Dr. Salgado who has seen the victim and assailant give evidence in the case, Unless the police arrest him I cannot see it happening. But we will fight to the last. I still have some faith in the judiciary. Thank god I am a British citizen.

Dr. Namal Senasinghe MBBS FFARCS”

Chaminda’s injuries

Chaminda Senasinghe who had last Friday consulted Dr. Maiya Gunasekera to run a series of tests including scans, was again referred to the National Hospital for treatment by Dr. Gunasekera who felt his condition was bad.

Chaminda is suffering from a series of injuries including the fracture of one tooth, sight impairment in his right eye, 11 stitches on his face and head apart from contusions and abrasions including a large blood clot on his eye. Chaminda is also receiving treatment for trauma.

Blunt instrument used -JMO

The JMO report which had not been prepared when the original B report was filed by OIC Bambalapitiya was made available on Thursday to the authorities. It stated that Chaminda Senasinghe was suffering from injuries not amounting to grievous hurt caused by a blunt instrument. The report was signed by Dr. Tharaka Alvitigala.

Given the fact that Mervyn Silva himself had arrived in full force at the Colpetty police station on Monday morning even as the case was being transferred temporarily over a technical matter from Mount Lavinia to Colombo Magistrate’s Court, threatening the police they should convert the charge into one of simple hurt, suspicion arises as to the authenticity and genuineness of any report or certificate flowing from this case.

Earlier a former senior JMO, Dr. Salgado had examined both Chaminda Senasinghe at Nawaloka Hospital and Malaka Silva at Asiri Hospital.

I saw Malaka’s security assaulting Chaminda – Claudia

Claudia Kreussler, the 29 year old German lady who triggered such a violent response from Malaka, works for German Technical Cooperation (GTZ) in the office of its Head, Dr. Roland Steurer. It was Steurer’s 17 year old son, Rito Carl Joseph who on that fateful morning of Monday, September 3 was found dead at the bottom of Tower B of the Royal Park complex.

It is not three days later before Claudia herself was involved in a violent exchange which luckily did not end as tragically as it did for Rito, her boss’s young son.

These bizarre connections apart Claudia on September 11 was to make a statement to the police. Mind you by this time Mervyn’s moving and shaking had begun to work and the case had been entirely hijacked by DIG Colombo, Rohan Abeywardena.

So it was that her statement was recorded by the Bambalapitiya police in the presence of DIG Abeywardena at about 11a.m on Tuesday, September 11. Claudia was present with an official from the consular section of the German Embassy, Martina Kostbahn-Kuster and her lawyers, President’s Counsel Upali Gunaratne and Attorney Tharanga Pandithsundera.

Influenced by lawyers

Impeccable sources told The Sunday Leader Claudia may have been influenced by her lawyers in Germany to desist from mentioning any names while her local lawyer Upali Gunaratne PC had allegedly told Attorney Sujeewa Senasinghe in the presence of a senior lawyer that she may have been frightened.

DIG Abeywardena of course was aware that Claudia was coming in to make the statement hence his presence at the Bambalapitiya police.

It is in this formidable backdrop that Claudia made her statement regarding the events of that night. This is an English translation of the Sinhala script.

Stating she lived at No. 25, Anula Road, Colombo 6 she said she had entered the Bistro Latino club in Bambalapitiya at about 11 p.m on September 6 together with her friend Chaminda Senasinghe.

“As we entered Chaminda saw some of his friends and we went over to talk to them. Then we went and sat at an empty table with about 4-6 chairs. Malaka Silva whom I know and some of his friends were sitting at another table and I heard my name being called. Without going up to him I said hello.

Held me by the hand

A waiter then handed us a menu and before we could order Malaka came over to my table held me by the hand and tried to pull me but I resisted it. He told me to come to his table. I told him I wanted to remain at the table I was sitting at. At that time Malaka started to say something to Chaminda but I did not hear what. Then I started to watch the people on the dance floor. Suddenly I found Chaminda fallen on the dance floor. Then I saw several of Malaka’s security personnel including some I know, assaulting Chaminda. I then asked the people assaulting Chaminda not to beat him.

I did not see the wound that caused him to bleed. But they continued to hit him. Chaminda who was on the ground was trying to shield his face and head with his hands. After the assault stopped Chaminda got up from the floor and looked for his mobile phone and inquired from those around where the nearest hospital was. Then I noticed that there was nobody at Malaka’s table. Then I went with Chaminda in his car to the hospital. Chaminda had asked a three wheeler to show him the way and we followed it. Then I went home.

Q How do you know Malaka

A: I know him since October 2006

Q: Did you see Malaka assaulting Chaminda

A: No I was looking towards the dance floor and they were talking behind me.

Q: Did you see any weapon in Malaka’s hand?

A: No.

“You see, anybody could become a minister like me if you follow my example”

In most countries with a decent political culture, Silva would have had to resign and consigned to the dustbin of history. Not so in Sri Lanka. Silva is not merely tolerated, he is elevated to ministerial status and what’s more, has a doctorate to flaunt. In this respect, one heartening change witnessed is the proactive stance taken by the Supreme Court. However, the judiciary cannot remedy all the ills of a nation. Yet, when it takes the lead in matters of public interest, it is the duty of the public to follow that lead. Given the current sordid state of our society, where politicians have only contempt for the rule of law, this is an absolute necessity. If not, there will be more ministers threatening murder and mayhem at the slightest provocation. And then, we will have only ourselves to blame.

The week that was, was an eventful one generating many headlines: a probable tsunami, the sinking of several terrorist ships, the ‘detention’ of a top terrorist financier in Thailand and a crippling strike by teachers that warranted intervention by the highest court in the land.

The most disturbing headlines came from a different quarter though: an assault, allegedly committed by the son of Minister Mervyn Silva. The assault itself, is now the subject of a judicial inquiry so, we must not prejudge the issue but, it is the Minister’s conduct thereafter, and the matter of politicians’ social responsibility, that we wish to dwell upon.

It has not been unusual for recent governments to have its share of maverick politicians- the modern equivalent of ‘Andarey’ of yore. The Ranasinghe Premadasa regime had Arthur Jayasena Ranasinghe, better known as ‘AJ’, who became infamous by saying he would consider a soup made with Premadasa’s slippers, a delicacy. However, regardless of his culinary perversions and blind loyalty to his namesake, Ranasinghe was never known to threaten or intimidate his fellow citizens.

Then, with the advent of the Kumaratunge era, Hewa Koparage Mervyn Silva came into the limelight. Never known for being shy with his vocabulary, and proclaiming himself to be a descendant of King Dutugemunu, Silva has dragged parliamentary traditions to a new low, making frequent public pronouncements that are an insult to the intelligence of the average citizen.

What can be readily granted is that Silva is a clever politician. He knows how to win friends and influence people. Consider his record: parliamentarian who has represented both sides of the political divide, the Sri Lanka Freedom Party (SLFP) and the United National Party (UNP); voted out of office by the people with barely 2000 preference votes, he is back in Parliament as a National List MP and a minister for good measure!

If that is an indication of the resilience of the man, it must also be an indictment on a political culture that tolerates this type of individual. Again, consider his claims for fame: his son has been involved in similar brawls before, Silva himself was among those present when a peace rally was attacked by goons in Nugegoda earlier this year, and he has admitted to cheque fraud- the list is longer and this is only a selection!

With the most recent incident involving his son, Silva clearly did not harbour any remorse. One day, he was on national television, graphically describing with his firearm, how he would destroy any obstacle placed in his path. Apparently, not satisfied, the next day he was berating the media for the coverage the incident received, referring to journalists in a most degrading manner.

In most countries with a decent political culture, Silva would have been called upon to resign and consigned to the dustbin of history. Not so in Sri Lanka. Silva thrives, making headlines again and again and, he is not merely tolerated, he is elevated to ministerial status (although it must be conceded that the number of government MPs who aren’t ministers are only a handful) and what’s more, has a doctorate to flaunt.

Make no mistake, that is not the fault of the present ruling party alone. The opposition UNP-which now cries foul over Silva’s deeds- welcomed Silva with open arms, when he crossed over from the SLFP, along with Anura Bandaranaike, in the early nineties, during the stewardship of D.B. Wijetunge and appointed him as an organiser for the Hambantota district, where he had many turf wars with Sajith Premadasa. If memory serves us right, his conduct then was not much different. And given the delicate nature of the political numbers game in Parliament, there is no guarantee that this cannot happen again!

The core issue here therefore is not Silva himself. Instead, it is time to turn the searchlight inwards and re-examine our political systems and values that not only allow the survival of such individuals but, thrives on rewarding them with positions, power and privileges.

In this respect, one heartening change witnessed in recent times, is the proactive stance taken by the Supreme Court on numerous occasions. The highest court in the land has intervened in cases as diverse as regulating gas prices, intervening in teachers’ strikes and formulating policy for school admissions, to name but a few. There will be those who disagree with the verdicts of the Court but, none can deny that its active intervention is a breath of fresh air into a system that has turned a blind eye to social injustice.

This intervention by the judiciary comes at a time when the executive is weak and the legislature is unstable, both institutions being subject to political cross currents, the kind of which politicians such as Silva revel in. Also, as distinct from both the executive and the legislature, the judiciary remains the forum where any aggrieved citizen has direct access to.

It would be inconsiderate and impossible to expect the judiciary to remedy all the ills of a nation. Yet, when the highest court in the land has taken upon itself the responsibility of taking the lead in matters of public interest, it then is the duty of the public to become moral vigilantes and follow that lead in bringing corrupt and unethical acts and abuses of power to the notice of the authorities and if that yields no results, then to the courts of law.

Given the current sordid state of our society where some politicians have only contempt for the rule of law, this is an absolute necessity. If not, there will be more ministers in our midst brandishing their firearms and threatening murder and mayhem at the slightest provocation. And then, we will have only ourselves to blame.

By Asif Fuard Pix by Berty Mendis.

As investigations into the case of non-cabinet rank labour minister Mervyn Silva’s son Malaka Silva allegedly pistol-whipping an accountant continued, attempts by prison authorities on Friday to get the suspect transferred from a private hospital to the prison hospital failed.

Villain or victim: Malaka lying in the ambulance to court in an ambulance i the court premises.

Prison officials were expecting to transfer him on Friday, but at the last minute a court order prevented the move, with the Mount Lavinia Magistrate Court calling for a medical report to be presented on Monday, ruling that a decision would be given then whether he could be transferred to the prison hospital or not, Commissioner General of Prisons (retired) Major General Vajira Wijeygunawardhena said.

Controversy surrounded the case as to how the suspect remained in a private hospital despite the usual procedure being that a suspect should be remanded either in the prison’s hospital or government hospital.

When the case was taken up on Thursday at the Mt. Lavinia Magistrates court Additional Magistrate Darshika Wimalasiri said the Court could not grant bail to the suspect as he had been taken into custody on an offence committed under the Firearms Act. The suspect’s counsel pushed for bail application on the grounds that it had not been proved that a firearm had been used.

On Thursday, Malaka’s Counsel Denzil Gunaratne told court that the suspect was lying in an ambulance parked in the court premises as he could not get down from the vehicle and walk to the court house. The counsel said his client was having a neurological problem and was being treated by Neurologist Geethanjana Mendis and that the medical report would be filed.

Chaminda Rupanath Senasinha

At this stage the Magistrate said she would like to see the suspect in the vehicle and walked up to the ambulance. Malaka who was lying on a stretcher covered from head to toe with a white blanket was questioned by the Magistrate. The suspect told the Magistrate his name was Malaka Manojith Silva and was feeling ‘vomitish’ which was the reason he couldn’t appear before her.

Later the Magistrate delivering the order said according to the first B- report filed by the Bambalapitiya Police the suspect was in possession of a firearm and the Magistrate had no jurisdiction to grant him bail. According to the ‘B’ report filed by Bambalapitiya police OIC, Chief Inspector Abeyratna Dissanayaka, employees of the night club had witnessed the brawl.

But their statements to the police provided very little information supportive of the investigation as all employees made similar statements, saying that they could not identify the parties involved in the clash that took place on September 6.

The nightclub’s manager Roshan Dinesh Wijenayaka in his statement to the Bambalapitiya police said, ‘Around 10.30 p.m. on September 6 there was an argument and clash between two persons and since it was dark the persons were not identifiable and soon after the clash both parties left. I am not sure whether a pistol was used in this incident’.

Bar keeper Wasantha Pushpakumara said he was on duty and he noticed two persons fighting each other and the place was in semi-darkness. He said that just a few minutes after the incident both parties left the premises and he was not sure who was involved in the brawl or what was used in the attack.

Mount Lavinia Additional Magistrate walking up to the ambulance to question Malaka

Police initially informed court on Tuesday that they were not in a position to record the statement of the German national Claudia who was present at the time of the clash, but subsequently her statement had been recorded. Police also said that they were trying to record the statement of Samantha Tilkararatna, who was an eye witness to the incident.

According to the Police Malaka had walked into the police station at 11.35 p.m. on September 6 and lodged a complaint that while he was at the Bristo Latino night club with some others at the same table an unidentified person of about 30 years of age walked up to him and asked whether he was Malaka and when he acknowledged that he was, he was assaulted by the person.
He said he was injured on the nose and the person kicked him and the assault had caused injuries on his face and there were no other injuries. He said that during the fall his head had struck the floor.

The police officer who recorded the complaint had noted a scratch injury near the nose of Malaka. Police said around 1.15 a.m another person walked into the station to make a complaint. He was dressed in a white shirt and the shirt was soaked in blood while plaster was observed above the ear as well as above the right eye.

He had identified himself as Chaminda Rupanath Senasinha of Kollupitiya and said he was in the company of German national Claudia at the night club when Malaka Silva whom he had identified by seeing his pictures in newspapers and the internet, came up to him and knocked on him.

Always the supportive father: Mervyn Silva at the courts with his bodyguards

He said that he had asked who he was and he had replied saying he was Mervyn Silva’s son Malaka Silva and said that the female accompanying him was an old friend and was only his friend and started assaulting him.

Senasinghe said that Malaka had pulled out a weapon identified as a 9 mm (gun) and pointed it at his head and thereafter started beating him on the head.

He said no one came forward to help him and later he was taken to the national hospital. He said that when he was on his way to hospital Malaka had called Claudia on her phone and tried to inquire the location where they were, but she had not disclosed the location.

When The Sunday Times contacted the Bambalapitiya OIC Chief Inspector Abeyratne Dissanayake he said that there was no evidence to show that Malaka was carrying a firearm.“We are doing our best. We have not found anything against Malaka to say he was carrying a 9mm,” he said.

Click!Anyone who dares to take a picture of the Silvas is immediately captured on the mobile of this man who was seen with Mervyn Silva at the court premises on Thursday

This was not the first time Malka was involved in such a similar incident. In November last year Malaka and two of his body guards pleaded guilty for attacking Police Narcotics Bureau (PNB) officers, who were on a raid at a night club at the Taj Hotel in Colombo.

Subsequently High Court Judge Upali Abeyratne ordered each of them to pay compensation of Rs.10,000 and enter into a bond of Rs.100,000 each and be on good behavior for one year.

Malaka Silva was charged with intimidating and obstructing the PNB team. Despite the court ruling going in favour of the PNB officers who were doing their duty, the Officer In Charge of the team who served as senior narcotics police officer was later transferred to the police Women and Child Bureau over political differences.

The Sunday Times learns that Minister Mervyn Silva had attempted to transfer two senior officers attached to the Special Task Force who were said to have been cracking down on high profile underworld figures. However, due to the outstanding track record of the two officers the minister’s attempts failed.

In 2004 Malaka ran amok with his father by destroying property and harassing many guests at Clancy’s night club in Colombo 7.

A security guard who had witnessed the incident told the Cinnamon Gardens police that it was Mervyn Silva who had damaged property at the club along with his gang of thugs. However, days later the security guard in question changed his story and gave an affidavit retracting his previous statement.

UNP Western Provincial Councilor and Attorney Sujeewa Senasinghe on Friday made a complaint to the police that he was receiving death threats following the arrest of Labour Minister Mervyn Silva’s son Malaka Silva for assaulting Senasinghe’s brother.

Senasinghe told The Sunday Leader that he received two death threats and the first was received last Thursday night.

“I received two threatening calls. The first was at 9.15 p.m. on Thursday and the other was at 1.30 p.m. on Friday. The first caller asked me to withdraw the case or threatened to kill me. The second caller asked me not to object to bail this week and then threatened me,” he said.

Senasinghe gave The Sunday Leader the numbers of the callers, which were recorded in his phone.

Following the telephone threats, Senasinghe on Friday afternoon made a complaint to the Bambalapitiya police.