“Wheels of justice turn slowly but grind exceedingly fine”
- Chinese/Greek philosophers
An incident that took place almost twenty-five years ago was labelled as a ‘great betrayal’ by politicians and interested media to influence public opinion.
This they did, through a ‘trial by media’ which was later endorsed by various other elements. An incident covered by the sands of time. Neither will many in the younger generation know about it nor will the older, remember.
However, the recent judicial proceedings and outcome on the ‘betrayal’ may stand out as yet another landmark judgment in the annals of the Judiciary. It certainly endorses the independence of the Judiciary. ASP Kulasiri Udugampola, who was investigating the Udatalawinna massacre in 2001, was charged on twenty-two counts. The charges included misuse of authority, to more serious ones such as, threats to national security and revealing sensitive information by breaching Act No. 32 of 1955, the Official Secrets Act.
How does a story become a saga? It has to be long and has to have a hero. Thus, the ‘betrayal’, after twenty-odd years, becomes one. The man accused, virtually, becomes a hero as he fought a long-drawn battle for over twenty years, all by himself and a few competent lawyers. A bleak one, fraught with danger and uncertainties, with no end in sight. It takes courage, guts, will, determination, hope and many other attributes for a man to go on a solo journey such as this. Whilst on the journey, he fell badly ill, but dared not to give up. Few will trek this journey. He has shown meticulous and determined effort.
In short, had the criminal charges been proved, he stood to languish in prison for the rest of his life. However, there were many lessons that were brought out during this rigorous and patient effort.
On 2 January 2002, ASP Udugampola and a team of police officers, with the assistance of the Military Police, have searched a house belonging to a military intelligence officer in Millenium City, Athurugiriya, Malabe. The officer who subsequently deserted the Army, and five others, including a civilian, were operating from this location. It was described as a safe house of a military intelligence Long Range Recce Patrol (LRRP). During the search, an assortment of weapons were discovered. The legal and legitimate search was as an extension to the investigations into the Udatalawinna mass murder which took place on 5 December 2001. It was a search done swiftly and professionally, as has transpired. By the time the search was carried out, a former Deputy Minister of Defence’s (who was out of office by that time) residence and a few military establishments had also been searched during the investigations into the mass murder. By then, some military personnel were also under custody. However, this search, which was later dubbed a ‘raid’, was construed as illegal by some senior military officers, media columnists and influential politicians. The actions of the above, was successful in influencing public opinion to believe what was claimed, though it was not the truth. That was purely for personal gain, glorification and a cover-up. All attained their objectives and were happy about how they went about to influence government and public opinion destructively with short-term gain. Today, the short-term gain has adversely affected the very fabric of a largely peaceful society. Many of those who were protected then, stand accused in other criminal activity. One committed suicide, claiming he was the one who killed journalist Lasantha Wickrematunge. Some are alleged to be involved in the Black Easter Sunday. There may be more unknown. However, all accused stand innocent before the law at this point. Unlike now, the absence of social media, which promotes two-way activity, was nonexistent, and to get another view, back then was the third eye.
High Court case
The trial into the conduct and activity of ASP Udugampola was concluded on 27 March 2025. The proceedings went on for twenty years. The latter was acquitted from all twenty two charges. His actions were considered legal and legitimate. The Court also established that no intelligence operative or informant was killed and no sensitive information was divulged, as claimed and established by media and others, two decades ago. No one, from the list that was submitted to Court was killed as a result of the search. This trial will serve as a clear case study of Deep State activity, for those who will be studying the subject and for further research. Both in the military and outside.
Deep State
The simplest and clear definition of Deep State from Wikipedia states “a type of government made up of potential unauthorised and secret networks of power operating independently of a State’s political leadership in pursuit of their own agenda and goals.” This is exactly what happened with Millenium City. What was told to and accepted by the State twenty years ago and the truth which transpired during the judicial proceedings, later, are diametrically opposed. A serious post-event study, based on the proceedings will lay bare the inaccuracies and omissions of media and other reports.
A Special Presidential Commission was appointed in terms of Commissions of Inquiry Act of 1948, to inquire into the incident, in August 2002. At the very beginning itself, the search “was considered as a raid, and as a disclosure of the existence of a safe house.” The Commission goes on to state that it was only one veteran journalist that gave an unbiased view and the rest expressed a one sided show. Possibly, the Commission was proved wrong when the Court upheld the search as legal. The Commission also goes on to say that the search prompted the LTTE to decimate informants, civilians, soldiers and operatives. However, the Court established the fact that there was no such exposure of the latter, as claimed.
As mentioned, some segments of the media played a decisive role in distorting the truth to influence public opinion. There were two specific tools they thought would draw public sympathy and hate against the accused and the truth. Among the many such media stories, a defence columnist ran a story with a heading ‘Military secret sacrificed on the altar of politics’. Emotions of the public were whipped so much that every word by the media was believed without question. So much so, the Presidential Commission that was appointed, to ascertain facts, relied heavily on the material published in the newspapers, rather than solid evidence which was accessible, but chose not to access. Funnily, the same columnist chose not to even mention about the judgment given, in his current political commentary, on Sundays. The My Lai massacre in Vietnam, reported in 1969 by Ronald Ridenhour and Seymor Hersh which sparked world outrage, was much different, and proved that truth came at a huge cost.
One critical tool that was used by the ‘storytellers’ was about the Long Range Recce Patrol’ (LRRP) and the ‘Long Range Patrol’ (LRP). This concept was hitherto unknown to most in the military and had no defined meaning in military doctrine or teaching in Sri Lanka. It was known and practiced only by the Special Forces and Commandos of Sri Lanka. Survival techniques, endurance, rigorous training and well-laid logistics were critical in such patrols. A decorated senior officer, who was a specialist in such operations, who gave evidence about the history and concept of the LRRP, was looked down by the Commission saying he ‘belittled the army’ through his evidence. It humiliated him, by saying he lied under oath. Meanwhile, the senior officers who defined the concept, during the Commission investigations, gave contradictory views. The scope and execution of the LRRP is sacred, in a sense, a ‘patent’ and an exclusive brand.
The other tool that was used was ‘exposing agents and personnel’. It was told that the exposures resulted in the killing of many operatives and intelligence personnel. During the search or the resultant activity, names or details of any of the above never came to be known or divulged. However, before the search and after, many operatives and military intelligence personnel were killed in Colombo as well as in the East. Just to name a few, Corporal Calary Anthony (9 February), Pulendrarasa alias Cashier (3 July), who was himself like a database, Tangaraja Viji (3 December) and Tesarasa Nivas (3 December) were all killed in Batticaloa, in 2002, by the LTTE, due to adequate protection not being provided. Many more, over a period of time. Killings also included, dreaded para military leader PLOTE Mohan, in Colombo, on 31 July 2004. This was much later. War or an armed conflict is never a tea party, thousands of soldiers have sacrificed their lives for the cause of the country. They have all served willingly and knowingly. All who serve the military, are well aware of the dangers and risks they face when deciding to serve, and that’s nothing new. The knowledge, skill, expertise and all the rest too fade away once one passes on. Sadly, those who shed tears for the intelligence operatives, are not on record doing so, for the scores of service personnel killed. The many debacles suffered by the military were conveniently swept under the carpet by the very same, to protect their identities. Such is the nature of conflict sometimes. One such was the fall of Elephant Pass in 1999, among many others.
The judgment given on the eve of the anniversary marking the Black Easter Sunday serves as a forerunner to many other avenues that need study.
It is said that, “The truth will set you free, but first it will make you miserable,” and how true?
The views and opinions expressed in this article are those of the author, and do not necessarily reflect those of this publication