| Tamil Genocide: Sri Lankan Minister knows the killer of 17 ACF aid workers massacred by Armed Forces |
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 "..The inquiry into the killing of 17 aid workers in Mutur in August 2006 took an unexpected turn yesterday when President’s Counsel Desmond Fernando allegedly claimed a Cabinet Minister in a confidential discussion with him said the Minister was aware who the perpetrators were. Mr. Fernando said he no longer wished to participate in the Presidential Commission of Inquiry into the killing of Action Contra La Faim (ACF) workers because he was privy to such information. .."
ACF probe marred by controversy The inquiry into the killing of 17 aid workers in Mutur in August 2006 took an unexpected turn yesterday when President’s Counsel Desmond Fernando allegedly claimed a Cabinet Minister in a confidential discussion with him said the Minister was aware who the perpetrators were. Mr. Fernando said he no longer wished to participate in the Presidential Commission of Inquiry into the killing of Action Contra La Faim (ACF) workers because he was privy to such information. However, when the State Counsel objected to this statement, some Commissioners requested Mr. Fernando to repeat his original statement as they had not heard it properly. “I only said I had a confidential discussion with the Minister,” Mr. Fernando said by way of an explanation. “He said the minister had told him who the killer was,” the State Counsel claimed. “No, I did not say that at all,” Mr. Fernando responded. The inquiry was disrupted by a heated argument on the impact of this shocking revelation. “Unfortunately the statement may not have been recorded as only four microphones can be used at the same time. We will have to check the official recording later,” Chairman N.K. Udalagama said. In a bid to resolve the dispute the Chaiman said Mr. Fernando had revealed that a particular person in authority was aware who the killers were Attorney-at-law Gomin Dayasri said this was a serious matter revealed before the Commission and he expressed astonishment that such a statement was made in the presence of a witness who was an aggrieved party. There was a general demand that Mr. Fernando was aware of the identity of the killers in this case, and he had to either volunteer to become a witness or to honour the confidentiality based on which the informant gave this information. Issues were also raised about professional etiquette where Mr. Fernando could not continue as a counsel if he was to turn witness. Then when asked by Commissioner A. Javid Yusuf to explain the exact role of Mr. Fernando, he said he would mark his appearance for the ACF case but he neither wished to ask questions or make submissions. “There is a witness here who is very uncomfortable so please try to conclude the session. As to who will mark the appearance, you are grown up enough to decide,” Commissioner Manouri Muttettuwegama said bringing the contentious issue to a close. Mr. Fernando was the Chief Counsel for a group of civil society organizations which includes the Centre for Policy Alternatives, Home for Human Rights, INFORM, Law and Society Trust, Mothers and Daughters of Lanka, Rights Now – Collective for Democracy and Sri Lanka National Commission for Jurists. The civil society organizations had stepped in to protect the rights of the witnesses and victims as a safeguard against harassment or being re-traumatized during the process of inquiry. Two representatives of the International Independent Group of Eminent Persons (IIGEP) -- Arthur E. Dewey, former United Nations Deputy High Commissioner for Refugees and Emeritus Professor Judge Jean-Pierre Cot (France) observed the proceedings. |
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