Letters to the Editor

7th November 1999

• This post merits high standards
• Development must go on, so take a hike to rural areas
• None will vote for you
• Why not change this system?
• Faceless and voteless, so no one cares
• Racing along with baseless charges

This post merits high standards

This is with reference to the letter, "Can't assume CJ will be biased", by H.N. Peries of Bingiriya (October 24). I hasten to say that while I have no reason to disagree with anything that Mr. Peries has said, he has failed to recognise the importance of a principle which is fundamental in the matter of all appointments — not only in the judiciary but in all fields of governance and management. That is that the appointing authority should not select for appointment to any post, an individual against whom serious allegations whether in his official or private conduct have been made, until such allegations have been inquired into and he has been cleared and his innocence established.

I believe this was the position with regard to Sarath Silva when he was selected for the post of Chief Justice (CJ). Two judges of the Supreme Court had been appointed to look into allegations of moral turpitude against the Attorney General (The Sunday Times, September 12) and they had called for the case records from the relevant courts and the Judicial Service Commission (JSC). I wonder whether their reports have been sent to the JSC, of which the Chairman now is the very person against whom the charges were made. The reports had certainly not been submitted at the time the appointment of Chief Justice was made.

My point is that even if the President, in her wisdom, considers it proper to appoint to the highest position in the judiciary, someone whose conduct is under investigation because of serious allegations having been made against him, if I were that person, I would advise the President not to go ahead with the proposal. Indeed, I would go further. If she persists in her decision to make the appointment, I would refuse to accept the post and quit the judicial service.

Because, for me, first the matter would be one of self-respect. I would not under any circumstances, accept, in my official capacity, anything from anyone, which savours of a personal favour. Second, I would hate to make the Head of State and Government appear to the people to be one who seeks to pack the judiciary with her favourites. That way I would be contributing to making the people lose faith in the judicial process. No Head of State or Government can afford to make appointments, especially to the judiciary, which do not inspire public confidence. I venture to think that is exactly what has happened in the matter of the appointment of the CJ. What is at issue is whether the highest standards of public morality have been observed when the decision was made by the President.

My own answer, as it surely must be of so many others, is a definite 'No'.

Stanley Jayaweera
Avadhi Lanka Movement
Rajagiriya

Development must go on, so take a hike to rural areas

With reference to "Darned Barnes Place " (The Sunday

Times, September 12) though I no longer live close to this hot-spot but take treatment at Asha Central Hospital and send my children to Musaeus and being a student at Alliance Francaise, I think I am qualified to make my observations.

The facts pointed out are basically correct, but I am surprised that one lady resident who found one car parked on one occasion obstructing her entrance does not realize that she is very lucky. This is a common and milder obstruction which other citizens face to a much higher extent - like the diplomatic car at a Rosmead Place entrance. Most people use a no-parking board which is generally respected by even the most hardened motorists.

At the time Asha Central was just 'Central' the richer people purchased land at the entrance and all round, a case of very poor judgement. Every other hospital, both private and government was expanding. Asha was the last. In the light of all this, those who purchased land and put up residences have only themselves to blame. Fortunately, no adverse medical or other problems to neighbours have been reported so far - a credit to Asha.

It has obviously spent a lot on client and patient comfort. An airconditioned environment in clean waiting halls is far beyond anything provided by any other hospital. Toilet facilities are bad and for this I fault the management. Announcements on the public address system have been curtailed, I do not know why, inconveniencing the clergy and certain females and little children who prefer to sit in their parked vehicles. For this too I fault Asha.

The Asha car park is the largest, best laid out car park in any hospital anywhere. I understand that even the old building was demolished to provide extra parking!

But Asha alone is not all. Musaeus, the only Buddhist fee-levying school with such an exemplary history is also under attack by some people who appear to be anxious to strangle it. The student population in any school increases. Musaeus which has limited space and limited funds is doing a remarkable job. It is now trying to expand its space and revenue in a legitimate manner, providing a much-needed auditorium as well. It is also taxing the rich in the form of high school fees and contributions and doing a service to the less affluent who would have been otherwise displaced from free schools.

It is unfair to paint a picture of hordes of screaming schoolgirls being unloaded from vehicles day and night. Schoolgirls and teachers leave in an orderly and quiet manner, taking about 45 minutes each time. The only noises thereafter are brief spells of Gathas, P.T. classes and band practice. What is the alternative these protesting ladies and gentlemen suggest? It is easy to complain, but can you please give an alternative. In limited space you need to go upwards hence Ceylinco, Asha and Musaeus.

Development is like a juggernaut inevitable and inexorable. Don't blame the Urban Development Authority or the government. The government should acquire reasonable extents of land around these and other amenity-related institutions which indirectly help it. Schools like Ananda, Nalanda, Musaeus and Vishaka are examples as well. Asiri, Durdans, Asha are other examples. The latter can then purchase land at government assessed rates, which will be paid to the original owners who are in obvious distress. The owners can be assisted to migrate to more rural areas with a pastoral environment, where the only sounds are the wind rustling in the trees, lowing of cattle and may be a babbling brook.

C Perera
Thalangama

None will vote for you

The People's Alliance's 1994 manifesto referred to pensioners as "those who have spent the best years of their lives for the development of the country who deserve a comfortable life in their retirement" and promised a better deal to pensioners. However, the PA government failed to honour the promises given to them.

To add insult to injury, President Chandrika Kumaratunga, went on to ridicule them saying they were "eating, drinking and doing nothing". No pensioner should therefore, vote for her.

Upali S. Jayasekera
Colombo 4.

Why not change this system?

In Chennai for surgery recently I found that at the time of admission to the hospital , I was asked to pay a deposit of Rs 3000/- for medicines. During my stay there, whenever the doctor prescribed any drugs, the head nurse would give the prescription to my wife who then had to go to the dispensary and obtain them after showing my deposit card for the medicines.

The dispenser would issue the medicines together with a detailed bill and endorse the total on the deposit card. When I was discharged, the head nurse gave my wife the unused medicines and asked her to take them back to the dispenser together with the bills and get the refund. Thanks to this, my wife and I were fully aware of what medicines were purchased for me and at what price.

However, when I was earlier at one of our private hospitals, all the medicines were brought to my room by a nurse and I merely took them, not knowing what they were. At the time of discharge the total cost of the medicines was indicated on the bill but I was unaware of what quantities were used up or the individual price of each drug. Shouldn't we adopt the Indian system which is more fair by the patient?

Disappointed patient
Nawala

Faceless and voteless, so no one cares

It was heartening to read of the Peter Weerasekera Children's Home and the near ideal conditions prevailing there (The Sunday Times of October 17.) But it also makes it easy to feel complacent that all's well in the world of children, who through various unfortunate circumstances, find themselves in institutions, where provision for their welfare is a far cry from those described in the Weerasekera Home. Here is a brief description of three "homes" to highlight the reality in some institutions.

Two of them are in remote and inaccessible areas and are for children of varying levels of mental and physical disability. A boy had been tied like a dog in an outhouse by his parents. A girl had been mutilated, then bundled into a gunny bag and left for dead by a roadside, till her cries led to her rescue by passers-by. She was about four when this happened, but is now about 14 and her traumatic experiences have taken their toll on her mental and physical state. Another only eats food off the floor. Still another spits viciously at any visitor. A few need constant attention to move around, as they suffer from various physical disabilities such as spinal defects. Some are mentally alert, but have little or no intellectual stimulation. A pretty, bright-faced, young girl, with little stumps for legs, writes heart rending poetry and short stories. Others are adept with their hands and try to turn out a few handicrafts, with the scant resources and training available to them.

The plight of children in some of the 'normal' homes is not much better. In one home, six of 16 boys had not received a regular education, mainly because they didn't have birth certificates. The building in which they spend most of their time is derelict.

What price the 'feel good' factor, in all the high falutin Child Protection Act and Authority, set up with so much fanfare and the approval of all the members of all the political parties in Parliament? The bottom-line is that these faceless, voteless children have little priority in anybody's book!

Rita Perera
Kelaniya

Racing along with baseless charges

The letter, "Race meet counter-charges" by "Ajith C. Boteju" of Colombo is a complete misrepresentation of the facts.

This is not the first time, as stated, that the Anuradhapura Motor Sports Club held an event. It has jointly organized a Katukurunda circuit meet and two Kotmale hill climbs together with the Up-Country Motor Sports Club and thereby gained experience in conducting motor sports events.

Is there anything wrong in the Secretary of the Interim Board being the Vice President of the Up-Country Motor Sports Club? There is no prohibition in the Sports Law of Sri Lanka. There were many instances when the President of the dissolved Sri Lanka Association of Motor Sports (SLAMS) was also President of a motor sports club. For your information, there are two Presidents of motor sports clubs on our Interim Board.

"Mr. Boteju" seems to be ignorant about the conduct of motor race meets when he suggests that the Up-Country Motor Sports Club which assisted the Anuradhapura Motor Sports Club had not provided proper directions. The decision to allow a change of vehicle on meet day was that of the Stewards of the Meeting who are an independent body with no part in the meet's organization. This decision was made by the Stewards as a change of vehicle is allowed in the SLAMS General Competition Rules. "Mr. Boteju" has got it wrong, as the issue is all about a change of a vehicle and not a change of driver as stated by him. The General Competition Rules 6.02 is irrelevant to this issue as it refers to a change of driver. Therefore, there was no "catch" as stated by him, in what I wrote earlier.

"Mr. Boteju" has challenged me to show that the vehicle used by the competitor in question on the day of the race was a vehicle entered in the competition. I have never stated this in my letter, and this is why I say that he is trying to misrepresent and distort facts.

The Minister of Sports dissolved the former SLAMS and appointed the Interim Board because the former officials mishandled and mismanaged the affairs of the controlling body. The SLAMS Constitution and General Competition Rules are full of flaws, and we intend to make changes to these documents as soon as the pending litigation is over. For your information, the former SLAMS officials have done nothing to foster motor sports in Sri Lanka since SLAMS was formed 25 years ago.

With regard to roll-cages in vehicles, "Mr. Boteju" has stated that "reputed" clubs insist on this. There is no such thing as a "reputed club". There are only seven motor sports clubs affiliated to SLAMS. What I said in my letter was that the General Competition Rules state that a roll-cage is mandatory only for open cars. I have been in the motor racing scene as a competitor and also organizing motor sports meets for 38 years and not a single motor sports club in Sri Lanka insisted on having roll-cages in all racing cars. I challenge you to prove that all racing cars that race in Sri Lanka have roll bars. It has never been so, and the General Competition Rules formulated by the dissolved SLAMS make it mandatory only in open cars. These are the flaws in the rules that we intend to rectify in the future. The Interim Board has taken more steps than the former SLAMS officials to ensure the safety of competitors, officials and spectators alike.

Favouritism was rampant in the dissolved SLAMS. I am sure you are aware, that a 5mm difference of a body panel nearly caused a reversal of the fortunes of Ferrari and McLaren at the recently held Malaysian Grand Prix. But a 20 kilogram weight difference which was detected and admitted by a competitor was completely ignored by one of these so-called "reputed" clubs in 1998 due to the driver being a Council Member of the dissolved SLAMS and committee member of the club which conducted the meet. If it was some other driver a five-year suspension would have been imposed on him. So where is the sense of fairplay that you speak of "Mr. Boteju"?

Your comments that the judge, jury and executive are one and the same, describe the dissolved SLAMS officials perfectly.

In another "unique" instance, which reminds me of the Sinhala saying "King Kekille's justice", a President of the former SLAMS nominated by an association together with a former President of the same association conducted an inquiry against the incumbent President of the same association. It was a case of the judge, jury and accused belonging to the same association and hence the verdict was a foregone conclusion. This is the type of mockery which resulted in a host of drivers protesting to the Sports Minister about the activities of the former SLAMS which resulted in its dissolution.

Priya Munasinghe
Secretary
SLAMS Interim Board

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