In 2008, the Sunday Leader carried a few articles on investigations by the newspaper exposing irregularities on the part of the government of Sri Lanka related to the purchase of arms and aircraft. One such expose referred to the purchase of four MIG aircraft from Ukraine. The same four aircraft had been rejected by the then tender evaluation committee headed by the current Commander of the Air Force a few years earlier. In 2006, however, the Government bought the same four aircraft for 40% more on the basis that they had by then been overhauled. The article, though not specifying who benefited, did carry a picture of the secretary of defence, who is the financing officer of the Defence Ministry. He filed an action claiming LKR 1 billion (almost 6.5 million Euros) from Lasantha and the Company. Since Lasantha was killed the case is being prosecuted against the Company.

In another article, Lasantha drew the attention of the Secretary of Defence to the fact that the tender for the printing of new National Identity Cards was faulty in that the security features were inadequate. He drew the attention of the Secretary Defence to the issue, to reduce the likelihood that the LTTE might forge them. This article too carried a picture of the Secretary of Defence which he felt was defamatory and so he filed a similar action claiming another LKR 1 billion. Then he obtained an ex parte order restraining us from defaming him. This was set aside on the basis of the company giving an undertaking that it would not defame him as defamation is in any case an offence in the statute.

Once the war had been won when the Sri Lankan Army destroyed the LTTE leadership, an article was carried detailing the profiles of Prabakaran (the LTTE leader) and the Secretary of Defence. The profile of the Secretary was in fact complimentary, but he invoked another case. This time: contempt of court. This too is pending.

After Lasantha was killed, the original set of lawyers did not want to appear for us. The new set who appeared after his death excused themselves from court on the first day. The Secretary of Defence was in Court as was the Commander of the Air Force and all high-ranking Army and military officers. A third set of lawyers were retained and that was when the official Military Web Site carried their pictures on the lead story calling them “traitors in black coats appearing for the Sunday Leader”. When the International Bar Association and the local Association issued condemnations requesting that the article be removed from the site the Military Web Site continued to carry the story but also illuminated the outlines of the pictures.

It has been nearly two years since Lasantha, the editor of the Sunday Leader, was killed within a high security zone, and not a shred of evidence has been presented to Court although hints have been made that the now disgraced former Army Commander Sarath Fonseka was responsible for it. General Fonseka led the battle against the LTTE when it was decimated in May 2009. He retired, ran in recent presidential elections, and lost. Immediately thereafter he was arrested and has now been found guilty by a military court on two counts and sentenced to three years in jail. The other cases against him are continuing.

One would think that if the General was involved in Lasantha’s killing, that would be the first charge that this government would have brought against him.

The cases will be heard on 19 October and then the other on 29 November.

This article reflects the views of the author, and not necessarily those of the International Press Institute.

Lal Wickrematunge is the Managing Director of the Sunday Leader, the newspaper founded by his brother, IPI World Press Freedom Hero Lasantha Wickrematunge, who was assassinated in January 2009.