Gajalakshmi Paramasivam – 24  April  2015

Political Corruption & Clemency Powers

 Indonesia & Sri Lanka

As per the latest reports:

 ‘The Indonesian government has ordered that preparations be made for the executions of Australian drug smugglers Andrew Chan and Myuran Sukumaran as well as eight others on death row.’

It felt unpleasant but it is important to keep praying to Higher Powers for the best outcome possible – not only for Andrew and Myuran as individuals and their families and friends but also for Australia, Hindu Bali Community and Indonesia. Tomorrow we Australians celebrate ANZAC heroes. We celebrate the lives of those who fought for our country. From the point when Andrew and Myuran genuinely felt remorse for their actions and thoughts of cheating others for personal gain – they are free of any crime. That is the Universal principle on which Natural Justice  works. Any punishment beyond that,  returns to the punisher. Where decisions are political – the rate of return are high.

 To the extent those in the team fighting for prevention of such punishment are doing so – because they care about Natural Justice and/or consider these individuals as part of their common group – they are heroes. To the extent Andrew & Mayuran feel appreciation for these groups – they are also National & Global heroes. Death is the ultimate price paid by the average human. When such death is accepted as punishment – despite the inner knowledge that they are not guilty any more – they contribute to the law and order systems of all those who facilitated this acceptance, including through the Indonesian Legal system.

Last night I felt also for Mr. Basil Rajapaksa former Minister in Sri Lanka and former President's brother -  who was arrested yesterday  and was reported to be in prison hospital. As per news reports:

[Basil Rajapaksa is being investigated over an alleged 70m rupee ($530,000; £353,000) fraud in a scheme for the construction of public housing, AFP reports.]

If  Mr. Rajapaksa was guilty of the above that is fine. But my thoughts were as in the case of Bali 9,  in which case the money value of their life was $450,000. In my mind I asked Mr. Basil Rajapaksa – ‘whether it was worth the humiliation and the cost to his health?’  The reason for this question was the parallel impact through Sri Lankan Airlines corruption report by Mr. Weliamuna’s team. I am driven by my true experience and if I did not have one – to me it is an ‘outside’ experience to be observed and not brought into my feelings through which I also influence outcomes.

As per the Sri Lankan Airlines Board of Inquiry (BoI) report:

‘The BoI noted a conflict of interest since Seabury, who participated in the re-fleeting recommendations, was actively involved in the aircraft negotiations with Airbus and Boeing and was responsible for the final selection of Airbus as the supplier. This possible conflict of interest is consequent to the fact that it is customary in large-scale businesses of this nature that a 3 – 5 % fee is normally paid as a facilitation fee on the purchase of aircraft. The BoI concluded that a colossal capital commitment of approximately USD 2.3 billion
[approximately Rs. 290 billion] on the Re-Fleeting and Financing of new Aircraft acquisitions for Sri Lankan Airlines was entered into during the period 2010 - 2013, when the airline had substantial accumulated losses. There appeared to be no real hope of breaking-even and moving to profitability in the very short term and the purchases could not be justified, and such decisions may have been motivated by extraneous reasons.’

In essence, according to the Board of Inquiry -  the ‘Facilitation Fee’ was earned by cheating. This amounts to $69 million - $115 million. Yet, there has been no public report of legal action taken against the persons concerned in parallel to the arrest of former Minister Mr. Basil Rajapaksa.  This despite the fact that the position held by Mr. Rajapaksa is also tarnished by such actions. To the mind of a true investor it would seem that the report was politically motivated. In his April 2009 interview on ‘Corruption in Sri Lanka’ – the leader of the Board of Inquiry team – Mr. Weliamuna stated that in Sri Lanka ‘Corruption’ was largely an election issue. Is the above report also an Election propaganda towards winning seats in Parliament?

One sided statements based on belief in the whole are valid Political statements. That is the essence of  the subjective system. When a manifestation is belief based and there is no one to take the ‘other’ side – the return would come to us. Until then all use needs to be ‘confidential’ as in ‘voting’ system.

 Where there is ‘other’ side – the completion is immediate – as in a purchase and sale transaction. Hence Transparency. Belief based statements during elections are valid and form the basis of Executive Administration once the promiser is in power. That belief is  the real moral authority for making subjective decisions in a democracy.  But they need to be ‘confidential’ until there is ‘other’ side who deserves the blame and is seen to be so. Where election promises  are not belief based – and they are not received by someone from the other side – as costs or benefits – they die quickly. There were some such statements in the 100 day program election promises by the current Sri Lankan Government. These could be delivered if genuine governors are included by the official government – including from within the genuine parts of the Rajapaksa regime. To the extent the promises were without belief by the leaders or the citizens – they must be left to die naturally.

Without this self-balancing system – the Sri Lankan Government would have to prosecute Auditors – including the Auditor General in the Minister’s case and other Professionals including the Attorney General for negligence of duty. The resources available to the Government would not be able to deliver this.

The Bali 9 case is a mess because the current Indonesian President made the drug policy with its death penalty an election issue without belief.  Indonesia to have effective Administration would need to have the resources to punish all offenders including those responsible for aiding and abetting those who escape punishment due to weak law and order system. The Clemency powers – which are the confidential powers mentioned above - if used on the basis of belief – should satisfy those of us who believe that these two young Australians and their group are no longer guilty as charged. I am a teetotaler  and I actively contribute to Government Policy through my own personal Truth. I believe that if  I believe that any  punishment is immoral at this point in time – it would be heard by a fellow global citizen. Without this we would be deteriorating to the law of the jungle.

According to Colombo Page news report forwarded to me:

Apr 23, Colombo: Sri Lanka President Maithripala Sirisena today said he is fully committed to fulfill all the promises given in his election policy statement and to eliminate corruption, fraud, theft and waste from the society. "I very respectfully tell my people that I am committed to fully carry out the promises given in my election policy statement. I will leave no room for corruption, fraud, theft or waste. ………We cannot allow the law of the jungle to supersede a good legal system. I do not hesitate to take required decisions. I will take every step possible, especially to protect and strengthen the people's freedom and democracy and through these means eliminate corruption and fraud, and thereby protect the genuine rights of the people" the President said delivering a statement on the completion of 100 days of his government.

One sided political statements/promises without belief – would lead to the law of the jungle, if they are given validity beyond election time. A legal system to be valid – would need the ‘other-side’ to be present at the same time. Where the other side is the Government on behalf of the Public – then all cases known by the Government need to be prosecuted at the same time on the same basis and this needs to be ‘seen’ to be so.  Otherwise all must be confidentially dealt with on the basis of belief -  including through Clemency Powers. The entitlement for Clemency Authority is Belief in the issue and the People on whose behalf a decision is made.

In responding to a communication  regarding Sri Lankan political leadership  I wrote:

[These leaders are outer players. But the real power is us – the people to whom Sri Lanka is home. There is a Tamil explanation that was shared by a Diaspora  leader - with me also. It goes like this:

A man has four wives. He adores the fourth  one and looks after her every need. He loves the third one also and to a lesser degree takes care of her. He likes the second one and accommodates her wishes. He hardly takes notice of the first one but she says ‘I will always come with you’. When he was sick and was about to die  - the last three abandoned him. Only the first one who was lean and weak said again ‘I will be with you’. The four wives are:

Body – 4th wife

Tangible Material wealth – 3rd wife

Intangible Status and Goodwill wealth – 2nd wife

Soul – 1st wife

I responded that this applied also to the Nation. Every person who contributed to the soul of  Sri Lanka is the eternal Sri Lanka. We don’t need politicians to identify with  this Sri Lanka. Often we help politicians preserve this very value. To me that is what really matters.   Mr. Mahinda Rajapaksa  is the 3rd wife in this.  Mr. Maithripala Sirisena is  the second wife. My Truth is the first one.  The only Sri Lankan partner from the beginning to the end of my Sri Lankan body – is my Truth realized and/or shared on Sri Lankan soil and/or through those to whom Sri Lanka is Home. The above judgment is on the basis of my belief – which renders me the authority to use Natural Clemency powers.

Likewise the only Australian partner from the beginning to the end of my Australian Body – is my Truth realized and/or shared on Australian soil and/or through those to whom Australia is Home.