Dayan and I have shared similar positions from the days of the ceasefire agreement. I was lavish in my praise of his stellar performance at the Human Rights Council and deplored his summary dismissal when he had only few more weeks left of this extension period. No reason was given. Though the blame for it was conveniently attributed to the Foreign Minister, it could not have been done without the approval of the President. Remember President Truman's "The buck stops here?”

If I had been similarly treated, I would not have accepted to be part of a State visit. The President tossed DJ a Vietnamese loempia (bread roll). DJ jumped and caught it.

He thereby gave MR some redemption for the shabby treatment meted to him. After that rapprochement was he naïve to think he might be offered some position fitting an academic of his calibre?

DJ's position shift adds a rider to the story of the Fox and the Grapes. Mr. Fox not only walks away saying, the grapes are sour, but also, "Funny, I did not like grapes at all!"

DJ resorts to hyberbole when in his opening sentence he declares, "No enemy of Sri Lanka could have matched the damage done to the image of the country and the Presidency by our own Government’s recent events."

The image of this country in whose eyes? If DJ is concerned about the countries that were hell bent on damaging this country’s image. Must we be bothered? DJ valiantly defended us against these image spoilers and we cheered him for that. He did not mince words and confine himself to diplomatic soft speak when dealing with them. Because of that a few retired mandarin diplomats deplored what they called his ‘megaphone diplomacy’. We the plebs loved it.

With his usual flourish DJ does not omit mentioning that at the time of that "clumsy melodrama, outside the Cinnamon Lakeside", he was "right there, being interviewed by Al Jazeera".

Considering DJ's knowledge about Western machinations, had it not occurred to him that there might have been the possibility of a ‘Colour Revolution’ in the making to affect regime change? I suggested this in an article I wrote to the Sri Lanka Guardian, mentioning worrying symptoms and citing previous historic examples. Why did Fonseka rent an entire floor of the Lakeside Cinnamon as an operations centre and how could the man, who, when he announced his candidature said that he had only a Rs. 50,000 a month pension and some Rs.200,000 in savings afford that? That he had much more than that and lots more to spare became public knowledge when the contents of four bank vaults were revealed. US$ 500,000+ in cool crisp cash!

DJ being the anti-terrorism expert should know the black masks were not intended for “melodramatic purpose”, but that these men were from an elite commando unit and that black masks were worn to avoid identification as TV reporters including Al Jazeera’s were covering the event. Commandos of Indian crack units also wore masks when they stormed the Taj Hotel in Nov 2008, with batteries of camera crews relaying it live.

Mrs Bandaranaike

The 1962 approach of Mrs B is not necessarily the approach to take in the Fonseka case as DJ recommends. The government could follow that example but it is another thing to say it SHOULD. The government and army have every right to decide by which court SF should be tried at this moment in time.

The ‘Arrest’

On the arrest and choice of tribunal I responded to a criticism similar to Dayan’s, but a more vehemently worded onslaught by his once upon a time comrade-in-arms Tisaranee Gunasekere. See also my article in today’s Island (24/02/09), Midweek Review.

As for The Economist’s characterization, "nabbed brutishly" – meaning treated like a brute? - which DJ quoted, Fonseka, roughly brushed aside the charges as he did not recognize the right of the military police to arrest him, a ‘civilian’ and he resisted arrested. In which case the MPs had every right to take him using ’minimum force’ as the law permits. Resisting arrest is an offence. Tisaranee went over the top when she said Fonseka had been “assaulted”.

In which case, as I pointed out to her, Fonseka’s seasoned lawyer Wijedasa Rajapakse could have demanded that he be examined by a civilian Judicial Medical Officer and have the latter’s findings recorded. That would have given sufficient grounds for a human rights violation petition. In the event, there no such accusation was made by Fonseka’s wife or Rajapakse. After he was carried out of the office Fonseka had walked on his own and entered the vehicle, but under protest.

Barack Obama

DJ having resisted Western bullying now seems to veer Westwards. The example of Barack Obama is irrelevant as is also Obama’s distinguished legal career. Guantanamo had become an economic liability and political hot potato for the US . The prison set up by George W.Bush created a storm of controversy even among the US ’s allies. Men fighting an invading force were drugged, shackled hand and foot and flown to a facility outside the US mainland. They were euphemistically called ‘non lawful combatants’ to evade Geneva conventions on prisoners of war.

Most of them are held without trial for nearly 7 years. And they were to be tried under special laws, by a military court.. Obama’s plans are being resisted by the Conservative Right.

Sarath Fonseka is a Lankan citizen being tried on Lankan soil under Lankan military law.

A ‘regime change’ in the US became imperative because Bush outlived his usefulness to the hidden powers that pull the strings in the real world. The Iraq adventure turned into disaster. The oil rich country refused to become a docile client state. What better way to rebuild the US ’s damaged reputation than promote to Presidency an earnest looking young black man with soaring rhetoric, especially when a teleprompter is at hand, was the chosen son. Obama’s foreign policy advisors are hardly bleeding heart liberals (On this, See the startling revelations by British “conspiration theorist” David Icke. Put the separate dots together, he says, and the picture becomes obvious: The new bottle may be black, but it’s the same old moonshine. Sunday Island columnist Selvam Canegaratnam has also been scathing about Obama’s so called new beginning). Fonseka too was promising ‘Change you can believe’ !

Dayan himself warned that if Hilary Conton is elected President it would not bode well for Sri Lanka . Well now, she is Secretary of State. ‘Tamils for Clinton ’ Hilary fell flat on her face with that ‘using rape as an instrument of war’ charge. Obama kept Bush nominee Robert O’Blake as ambassador in Colombo and promoted him to Under Secretary of State of State for South Asia . O’Blake is an operator. US State Department spokesman Robert Wood recommended that the LTTE should announce a ceasefire and surrender its arms to a “third party” – Uncle Sam? - at a time when Dayan was advocating the military defeat and decimation of the LTTE

DJ's 10 points.

1.DJ cannot be serious. Those were not mere “utterances” or mere “election propaganda”. They were calculated to discredit and defeat his rival. They were damaging to the reputation of the Defence Secretary and field commanders. Those gross slanders were “uttered” in front of tens of thousands and given wide publicity in the private print and electronic media. People were confused and dismayed. Philip Alston whom Dayan trounced, jumped in to score on the Sunday Leader interview.

Is a government supposed to “laugh” these “utterances” away? People were confused. No wonder the field commanders were asked to go on State TV and set the record straight. It was not just the candidacy of Rajapakse that was at stake but the honour of seniour officers and their men. The US government would not have done less if Norman Schwarzkopf Jnr. went bonkers about Iraq.

The government has not fallen into a trap. Neither has it “stupidly lent veracity to claims by our detractors overseas”. On the contrary. If the government did not act to clear the air, it would have given credence to Fonseka’s blanket accusations. After all is not silence acquiescence?

Whatever “the world community may conclude” what does DJ himself think about a former army commander “who was supposedly about to blow the whistle on war crimes”? Was it not the threat of Sri Lanka being indicted for war crimes, which DJ so masterfully fended off at Geneva ? Will not “whistle bowing” damage his (DF’s) HRC bona fides?

2. Dayan notes, “Public opinion in the South is confused and despondent; the Sinhala people are demoralized,” DJ is overstating. The Mahanayekes in asking that Fonseka be pardoned and unconditionally released were stepping into an area beyond their competence. Metta (love) does not preclude yukthiya (justice). Even the Budhha recognized the right of kings to make laws, judge and punish offenders. He however insisted that laws must be just. He protested to King Pasenadi of Kosala about the lack of equal treatment of accused in the Royal Court of Justice.

DJ’s contends that the dominant "Apeykama" or "ourness" being “fissured” by Anoma Fonseka’s appeal. Even those not sympathetic to Sarath were moved by her first news conference and how she struggled to fight back her tears. It was very moving evoking sympathy for a bereft wife. But her attempts to begin a political campaign with other women fizzled out. The government cleverly parried by bringing other army wives treated harshly by Fonseka on TV. One younger army wife said she knew ‘Anoma Akka’ personally from her work with the Seva Vanitha Unit, but her appeals to ‘akka’ on behalf of her husband and little children had fallen on deaf ears. It is karmic, she said, that Anoma has to experience the same fate.

As for being a lustrous future first family beyond reproach, daughter Apasara’s role in the Sampath Bank has blackened that image.

3. It was a Catch 22 situation. Let SF contest and risk defeat. Or, have SF arrested and appear cowardly to the whole world. If the President was really afraid, he could have refused to accept Fonseka’s resignation because retirement from the post of CDS was not due for another two years. At the time of arrest, the Presidential elections were over. Fonseka had not yet formed a party or submitted his nomination papers.

The Supreme Court has ruled that his arrest is not an obstacle to his being a candidate at the general elections. The Supreme Court has judiciously differed review of the bail refusal till 26th April, 17 days after election result are known.

The Supreme Court has also accepted Fonseka’s appeal against the validity of the Presidential Election results. Let the Court decide.

DJ is bandying too much with ‘impressions’. If, not only governments, but also private individuals have to take ‘impressions’ into account and become weak kneed, there will be no way of getting on with things that matter. The government and army must act to safeguard their interests and not keep looking over their shoulders timorously at what others may think, however powerful. Earlier DJ praised the government for this

The’opacity’ of a Military Court can be dealt with by demanding that the ICJ in accordance with its statutes provides legal advice to the Defence and sends delegates to observe the proceedings.

4. “Gen Fonseka’s profile has never been higher.”

Even after the Sampath Bank revelations?

5. “The Opposition which was in disarray and limping after its last defeat, has been gifted a rallying cry.” As DJ once said of CBK, it is fast becoming a Big Fat Hope.

6. Demonstrations are petering out as the opposition scramble now is to form alliances and win seats in the next parliament.

7.” The hardliners in the Tamil Diaspora …. separate state etc”. Methinks DJ is clinging to every possible straw. He is also beginning to sound like Jehan Perera with his speculative ‘maybe-s”

8.”The administration is potentially on a collision course with the judiciary.” Huh? What about the ruling on Mrs. F’s application to release her husband on bail?

9. “Every institution of the state and ‘cell’ of society will be divided and/or demoralized on this issue.” Dayan’s dire warnings are not borne by ground realities. There is no loser like a loser. People are shuffling into line.

10. The administration is on a potential collision course with the JVP.

DJ: “If the JVP is driven underground, it will link up with disaffected Fonseka loyalists among the rank and file of a large military.’

Disaffected loyalists there maybe but who will rally them now? More worrying is something else. From the 1987-89 JVP adventure DJ must surely know that the JVP cadres signed up as recruits, got weapons training and deserted with their weapons, went underground and waited for a call to strike.

DJ was a staunch Premadasa man when the latter’s government responded with overkill to JVP terrorism. He has been advocating that the LTTE be similarly eradicated. He was a resolute opponent of appeasement during the CFA. Does he now recommend appeasing the JVP to avert a possible third youth insurrection? The government is fully on the alert.

It would be harder to fight JVP than LTTE? Get real. It was more difficult to identify and isolate Tamil Tigers because the armed forces were overwhelmingly Sinhalese and the LTTE were fish in a Tamil sea.

On the other hand, many Sinhalese were against JVP terror and tipped off the police about safe houses and underground cadres. It would have been more difficult for Tamils to betray LTTE-rs to the Sinhalese army.

Dayan’s slip showed when he wrote “the practice of political cannibalism must cease!” All his admirers felt he was “cannibalized” and that he did not deserve it. Not surprising that on the eve of his departure, he goes public about his discontent.

The thing is, when politicians behave like gods, they give and take back their favours capriciously. For some unknown reason Dayan fell foul of the President. It would have been much better if he left quietly with dignity without going to press so often. Dayan says he is leaving with a heavy heart but many do have the “impression” that a streak of bitterness has made it weigh heavier. That is why the Fox’s last remark about not liking grapes at all, has a point.

When foreign hibernation is too painful to bear and the urge to seek the sunlight of attention too tantalizing, Dayan had better desist and leave this very hurtful place well alone for a goodly period.

Vaya con Dios, companero. Those who applauded your Geneva brilliance wish you well.

Related:

No enemy of Sri Lanka could match the damage done to the country's image by our own govt ~ by Dayan Jayatilleka