Daily News Editorial

Let the status quo prevail

17 October 2016

President Maithripala Sirisena's controversial speech the other day, taking issue with the various investigation arms and Independent Commissions probing mega corruption has set the cat among the pigeons in more ways than one. While it has ruffled government politicians to some extent the President's remarks has come as manna from heaven for some of the worse crooks in the Joint Opposition now under probe.

We are here not commenting on the merits or demerits of the President's stand. President Sirisena as Head of State is well entitled to voice his opinion on what he perceives to be an irregularity. Of course some may disagree with the President who pledged to weed out corruption from the body politic and on which basis his Yahalapalanaya platform was conceived. These elements will no doubt point that the investigation arms and the Independent Commissions should be allowed unfettered authority to continue with their investigations to bring the crooks, who swindled public money, to book.

There will also be those who will contend that wrongdoers cannot be simply dragged before a court of law without a prima facie case being established against them and this is the function of the investigation arms such as the CID, FCID, Presidential Commissions and the Bribery Commission. The Bribery Commission cannot act without receiving a complaint against the alleged offender and it is unfair to expect the Commission to go in details to ascertain the political leanings of the complainant. Ditto for the other investigation arms which necessarily have to act on complaints.

The President himself has made reference to the mind boggling profligacy and corruption under the rule of his predecessor on several occasions. As such, not all complaints that have been lodged with the investigative arms can be said to have political motives or aimed as a political witch-hunt. Hence there is need for these investigative bodies to be allowed sufficient leeway to carry out their investigations without unnecessary impediments from any quarter if the mandate received by the President to root out corruption is to be honoured.

The CID, FCID or the Presidential Commissions certainly does not have the last word. That will be the task of a court of law which has many layers of appeal (the courts recently released all suspects in the ITN vilification case against the President himself). But the investigations leading up to a prosecution in the courts will have to continue in the ordinary way, if not for anything else, but to maintain a level playing field in terms of the adage that everyone is equal before the law as against some people being more equal, be they are members of the security forces or service commanders.

Be that as it may, members of the Joint Opposition, particularly those against whom corruption cases are pending, are having a ball in the aftermath of the Presidential bombshell. They view the President's remarks as a rap on the knuckles of the investigation commissions who they claim were acting to a political agenda. “We told you so”, seems to be their line of argument at the numerous press conferences they have been holding after the President's statement. Interestingly, almost all those presiding over these media shows are those who have already been hauled before the commissions to answer charges of mega swindles. There was one among them while praising the President had even volunteered to help him unearth corruption against government ministers.

Wimal Weerawansa, a prominent Minister in the Mahinda Rajapaksa Government and who is neck deep in investigations directed not only against him, but also his spouse and sibling says that; "if the conduct of any State body is directed according to a political agenda, it is the worst form of abuse". Weerawansa has perhaps forgotten how his former boss got the Attorney General's department to drop the case against a politician charged for rape, or a kangaroo court functioning under the guise of a Parliament Select Committee to impeach former Chief Justice Dr. Shirani Bandaranaike. Were these not based on political agendas?

The JO also has seized on the President's admonition of the Investigation Commissions to drive home their recent claim of an implosion within the government that would make it change the power balance in Parliament.

Be that as it may, the status quo has to be restored and the Independent Commissions and investigation arms allowed to proceed with their tasks without impediment. The President of course should be kept informed as Head of State and Commander-in-Chief, of all high profile arrests and those of past service commanders. He (the President) would naturally feel bad on this score given that the finger of blame would naturally be pointed at him, the issue being a sensitive one with the public. The JO celebrations though, from all accounts, is premature. Now that all doubts have been cleared and the cobwebs blown away, indications are that investigations will be carried out with added vigour to bring the swindlers, fraudsters and crooks of all political shades to book.