How can Tilvin Silva prejudge outcome? asks GL

Colombo, May 14 (Daily Mirror) - Former External Affairs Minister G. L. Peiris, who now presides over an amalgam of political parties under the banner of the Joint Opposition, yesterday questioned the real motive behind the Presidential Commission appointed to probe coal transactions dating back to 2009, while also criticising ruling party General Secretary Tilvin Silva for appearing to prejudge the outcome even before investigations are concluded.

Making remarks to Daily Mirror, former External Affairs Minister G. L. Peiris said the Commission had been appointed under the Special Presidential Commissions of Inquiry Law No. 7 of 1978.

“There is a special feature in Presidential Commissions of Inquiry. Unlike in the case of other commissions, every member of such a commission has to be a sitting judge — a judge of a court not below the District Court,” he said.

As a result, he said, the proceedings are conducted very much like those in a court of law.

Against this backdrop, he referred to remarks made by Mr. Silva at the JVP May Day rally regarding the appointment of the commission vested with judicial powers.

At the rally, Mr. Silva had said that within three months, it would become clear that the accusers would become the accused and that all party members would be completely exonerated of responsibility.

“Our people will be cleared completely. The people who are now making the accusations will become the miscreants, the accused,” Prof. Peiris quoted Mr. Silva as saying.

Prof. Peiris said that, in his view, such remarks amounted to contempt of the judges serving on the Commission.

“It is contempt of the Commission. These are sitting judges and, if you want an impartial decision, you have to give them the freedom to carry out their task in a spirit of objectivity. The General Secretary of the JVP is a very powerful person in our country. That is well known. Now, if such a person second-guesses the Commission and takes for granted its conclusion, then why appoint the Commission at all? The Government has already decided. They are saying that in three months’ time, this will be the outcome,” he said.

He further said the proceedings before such commissions resemble those of a court of law.

“Often, there is counsel representing the parties. There is cross-examination. Proceedings are very much like those in a court of law. There are also other features. The Special Presidential Commission can make recommendations relating to the deprivation of civic rights. It can recommend that a person be deprived of civic rights for a period of seven years. Then, that resolution goes to Parliament and, if adopted, that person loses his or her civic rights for seven years,” he said.