Senior Attorney at Law Feldano said Minister Rishad Barhiyutheen did not lead the demonstrations and attacks

When asked whether Minister Rishad Bathiyutheen was involved in leading the protests, agitations and attacks in Mannar , Senior Attorney at Law Mr. Emanuel Caius Feldano said that of course I will not say ‘yes’.

Senior Attorney at Law Mr. Emanuel Caius Feldano alleged that police was supporting the Muslims. The Minister Rishad Bathiyudeen was shielding the miscreants. He further said that he hasn’t got any solid evidence against the Minister.

Actually what happened in Mannar was really a fishing dispute between two communities - between the Muslims and the Vidathaltivu crowd, who migrated - during their displacement - they came to Mannar. They were really fishing people and the other side was from Uppukulam.

Uppukulam people are Muslims and were displaced in the year 1990 and thereafter for so many years they didn’t return back to Mannar, but now they are returning and resettling.

And these Vidataltivu crowd are Tamils and they came into the Mannar Island in the year 1990, after all those people were settled here and they have almost taken a permanent residence at Thottaveli. Because it is part of Kondapitty area.

This was the dispute and the people in authority, a Minister or someone in authority or court of law should have settled it. So there was a dispute and there was an attack on last Friday (13 July) and the Muslims after their prayers attacked these people. The Police were also present there and unfortunately they did not take any action, whatsoever.

Mr. Emanuel Caius Feldano said, on Monday 16th July this matter came up in the courts. Police filed the report and the Magistrate made an order – against the breach of peace, he will have to make an order? So he made an order stating that those people – (Vidathaltivu), are entitled to stay there and do their fishing. Because they have been occupying the place for more than 20 years and as the Magistrate in charge, he will have to hold the scale evenly. So he made an order that they are entitled and no one should disturb them and he asked the Divisional Secretary to take appropriate action.

He further said, that was on Monday. When the Magistrate came to the courts they must have known in advance that the case is to be called on that day and they were holding posters against the Magistrate, when he was on the way to the courts. But it was a peaceful demonstration. There was no violence or any untoward incidents on Monday.

Then on Wednesday only all these things started. I don’t know what motivated them and to start off, it was a peaceful demonstration and it appeared to be a peaceful one. The judge also was sitting in session. This case was called on the very same day and the Magistrate, you know -generally he was making orders to preserve peace.

All of a sudden people started shouting and the protest was becoming unruly.

He said, then the Court was adjourned and the Magistrate went to his chambers and he called the SSP (Senior Superintendent of Police), the Police were there and the Police were present.

At this point of time, to give my opinion even in a democratic manner what we called ‘Ahimsa’ there can’t be a protest against the order of a court. You will have to move for a Revision or you will have to Appeal. They can’t just demonstrate against the ruling of a court. And they can’t protest also and also they can’t assemble before a court house.

So thereafter the Magistrate, he called the ASP Mannar, SSP Vavuniya to his chambers and asked them to dispose the crowd. They said ‘All right sir, we will see to that,’ and went out.

Even after meeting the Police Officials and ordering them to bring the situation and under control, the position remained same and was aggravating.

Senior Attorney at Law Feldano said, the crowd began to exceed their limits and there was no control. Then the Magistrate called them again to his Chambers – the ASP and the SSP and told them again, please dispose the crowd. Even thereafter, several minutes passed and nothing happened.

Then the Magistrate went out, he was compelled and under our law, the Magistrate is empowered to order the disposal of the crowd, the law provides. He will have to use his power, on the contrary if he doesn’t use his power, what is the big idea of law and order position. Then there is no need for the law.

Law is there to be implemented. Law is not meant to idle in the books or as enactments; it will have to be implemented. He had no other alternatives, he has to go out and tell the Police, “You please disperse this crowd.” They said ‘All right sir, All right sir,’ and then the Magistrate came back. Most probably the Police must have tear-gassed.

They were attacking the Police also. They were throwing stones to the Police also and some Police people were injured and they are hospitalized. So all those things have not come up in the papers – Police getting injured and police getting hospitalized and nothing were reported in the papers. That is the funny thing.

The Senior Attorney said, There was no firing as such. Police didn’t fire. The Magistrate told the Police, you arrest some follows even by shooting below their knees. That is a legal order.

No one can blame him. That was purely a legal order. In case a mob trying to attack, he is empowered to make that order. He made that order but there was no firing or shooting. Only they were tear-gassed. They are fabricating, playing on it, just to hide their lapses, and they are trying to take an advantage over this matter.

After tear-gassing then the Army came. The Police have only carried out his order in respect of the tear-gas.

Because the police were reluctant or not mindful of their duties, the judge has to call the Army. Only after the Army came, crowd started dispersing. So now, what does it mean?

So these Police fellows were under the control of this powerful politician. Army of course, I don’t think that they are under the control of any petty politician.

Asian Tribune told the Senior Attorney, Though I agree with you, but you must vouch to the fact to say that whether there was any evidence pointing out that the Minister was involved in the protests, agitations and attacks?

Senior Attorney at Law Mr. Emanuel Caius Feldano said that of course I will not say ‘yes’. But the way the Police and the police inaction was due to the influence of ....

Asian Tribune said that then you has to blame the Police for inaction and not the Minister. Police must come forward and say that the respective Minister asked them not to take any action?

Mr. Emanuel Caius Feldano said that the Police will never say that.

Then you can’t blame the Minister for the inaction of the Police. There is no justification in blaming the Minister. You have to blame only the Police, Asian Tribune pointed out.
Given below excerpts of the interview Asian Tribune had with Senior Attorney at Law Mr. Emanuel Caius Feldano:

Asian Tribune: I spoke to Anthony Pillai Judeson, Magistrate of Mannar and he gave me your telephone number and directed me to talk to you.

Senior Attorney at Law Mr. Emanuel Caius Feldano: Ok .. Ok.. Ok.

Asian Tribune: He told me that there was a statement released by the Northern Province Lawyers.

Senior Attorney at Law Mr. Emanuel Caius Feldano: Yesterday , (23rd July) .. Yes. We had a conference and we all made statements.

Asian Tribune: Unfortunately I did not see that statement.

Senior Attorney at Law Mr. Emanuel Caius Feldano: I think it came out in the net.

Asian Tribune: If you have, kindly e-mail that to me.

Senior Attorney at Law Mr. Emanuel Caius Feldano: The difficulty is that statements were made to the pressmen and I don’t have a typed copy of the same. Do you want a type copy of our position?

Asian Tribune: Yes.

Senior Attorney at Law Mr. Emanuel Caius Feldano: Well, yesterday we had a press conference and there was an incident last Wednesday and you know the government media is fabricating the whole incident and they were trying to put the blame on our Magistrate.

So we want to clear that matter and for that purpose we convened a conference and lawyers from Vavuniya, Jaffna, Kilinochchi, Mullaitivu and Mannar took part in that conference and we invited the press also and they all were there and we gave our version and wanted them to give full publicity to our version, because we are the eyewitnesses to the whole episode.

Politicians and press from Colombo are not the eyewitnesses. In fact, lawyers of Mannar are the eyewitnesses.

So in the process, we of course prepared a statement and issued it to the press. It was prepared in English, Tamil and now it is prepared in Sinhala language also. Do you want that statement?

Asian Tribune: Yes. Kindly tell us what happened actually?

Senior Attorney at Law Mr. Emanuel Caius Feldano: Actually that was really a fishing dispute between two communities - between the Muslims and the Vidathaltivu crowd who migrated - during their displacement, they came to Mannar. They were really fishing people and the other side was Uppukulam . Where are you from?

Asian Tribune: I am from Puloly, Poinrt Pedro and I know Mannar very well.

Senior Attorney at Law Mr. Emanuel Caius Feldano: I think you know Mannar very well. I am from Pesalai, Mannar and I am from the fishing community. These Uppukulam people are Muslims and were displaced in the year 1990 and thereafter for so many years they didn’t return back to Mannar, but now they are returning and resettling. And these Vidataltivu crowd also, they came into the Mannar Island in the year 1990, after all those people were settled here and they have almost taken a permanent residence at Thottaveli. Because it is part of Kondapitty area. You know Mannar?

Asian Tribune: Yes I know Mannar well.

Senior Attorney at Law Mr. Emanuel Caius Feldano: This area is just adjacent to the Mannar bridge that connects the mainland to the Mannar Island. It is just behind the Mannar Fort. My place Pesalai is located on the way to Thalaimannar. Thoddaveli is also half way between Mannar and Thalaimannar. Kondapiddy is located near the bridge.

Asian Tribune: So the disputed area is near the Mannar bridge?

Senior Attorney at Law Mr. Emanuel Caius Feldano: Yes .. Yes. So all these days the Vidathaltivu fishermen, because Uppukulam people were not there, they have taken up residence there and they were using that place as anchorage for their boats. As now these people are returning, they demanded the anchorage area to be given back to them. The Muslims who are returning back wanted these people to vacate.

This was the dispute and a Minister or someone in authority or court of law should have settled it. So there was a dispute and there was an attack on last Friday (13 July) and the Muslims after their prayers attacked these people. The Police were also present there and unfortunately they did not take any action, whatsoever.

On that particular date, I was acting as the Magistrate, as our Magistrate has gone for a conference to Colombo and I was acting for him. I expected the police arrest the miscreants and produce them to the courts. But that never happened.

Later I understand that the Police were also part and parcel of the whole group and were supporting the Muslim crowd, as they belong to a community of a powerful Minister. So, the Minister is generally shielding them. That is what we all have seen. Of course we have no solid evidence but...

Asian Tribune: That was your personal perception?

Senior Attorney at Law Mr. Emanuel Caius Feldano: That is apparent and no one can deny that, but only thing we can’t prove it. So on the following Monday I have gone to Vavuniya High Court and the Police has filed a report naming some people, but no action was taken by the Police to arrest the culprits. Al though they knew the culprits, they never produced them before the court.

Even on the very same Monday (16th July) there were protest against the Magistrate and it was not violent but orderly and a big crowd was present.

Asian Tribune: Why? Did the Magistrate do anything to antagonize those people?

Senior Attorney at Law Mr. Emanuel Caius Feldano: On Monday , the Magistrate did made an order.

Asian Tribune: Was that the reason for the crowd to get agitated against the Magistrate?

Senior Attorney at Law Mr. Emanuel Caius Feldano: I am coming to that. So on Monday this matter came up. Police filed the report and the Magistrate made an order – against the breach of peace, he will have to make an order? So he made an order stating that those people – (Vidathaltivu), are entitled to stay there and do their fishing . Because they have been occupying the place for more than 20 years and as the Magistrate in charge, he will have to hold the scale evenly. So he made an order that they are entitled and no one should disturb them and he asked the Divisional Secretary to take appropriate action.

So now, that was on Monday. When the Magistrate came to the courts they must have known in advance that the case is to be called on that day and they were holding posters against the Magistrate, when he was on the way to the courts. But it was a peaceful demonstration. There was no violence or any untoward incidents on Monday.

Then on Tuesday nothing happened and on Tuesday also the Police filed some sort of a report noting the G.A. Mannar, DS Mannar as parties and some people of the Vidathaltivu were named and some people of the Uppukulam were also named. They filed papers against the breach of peace. That was on Tuesday, and they wanted Magistrate to issue notice and he issued notice asking the people to be present in the Courts on Wednesday.

Then on Wednesday only all these things started. I don’t know what motivated them and to start off, it was a peaceful demonstration and it appeared to be a peaceful one. The judge also was sitting in session. This case that was called on the very same day and the Magistrate, you know -generally he was making orders to preserve peace.

At that particular poinr of time, all of a sudden people started shouting and the protest was becoming unruly.

Asian Tribune: Tell us whether the agitating people were Muslims or Tamils?

Senior Attorney at Law Mr. Emanuel Caius Feldano: The Muslims. It became unruly and you know the Court was in session and the whole drama unfolded near the vicinity of the court. They were shouting and to start with two of our Muslim lawyers - they went out and told the Police to chase the people off. Because they were becoming so unruly and so that they should not be allowed into the court’s premises or near the court premises.

They told the Police and came back. We don’t know what really happened thereafter and the slogans were just pricking the ears and again two other lawyers went out to see and placards were being posted and they were shouting against the Honourable Magistrate and they were saying “Edae Judosn,” and they were so vulgar, we can’t repeat it. Posters were there against the Honourable Judge and they were personal attacks on him.

So it became unruly and those two lawyers came back and told the Judge that crowd is becoming more and more unruly and tension growing and there must be some way to control.

Then the Court was adjourned and the Magistrate went to his chambers and he called the SSP (Senior Superintendent of Police), the Police were there and the Police were present. At this point of time, to give my opinion even in a democratic manner what we called ‘Ahimsa’ there can’t be a protest against the order of a court. You will have to move for a Revision or you will have to Appeal. They can’t just demonstrate against the ruling of a court. And they can’t protest also and also they can’t assemble before a court house.

So thereafter the Magistrate, he called the ASP Mannar, SSP Vavuniya to his chambers and asked them to dispose the crowd. They said ‘All right sir, we will see to that,’ and went out.

Even after meeting the Police Officials and ordering them to bring the situation and under control, the position remained same and aggravating.

The crowd began to exceed their limits and there was no control. Then the Magistrate called them again to his Chambers – the ASP and the SSP and told them again, please dispose the crowd. Even thereafter, several minutes passed and nothing happened.

Then the Magistrate went out, he was compelled and under our law, the Magistrate is empowered to order the disposal of the crowd, the law provides. He will have to use his power, on the contrary if he doesn’t use his power, what is the big idea of law and order position. Then there is no need for the law.

Law is there to be implemented. Law is not meant to idle in the books or as enactments; it will have to be implemented. He had no other alternatives, he has to go out and tell the Police, “You please disperse this crowd.” They said ‘All right sir, All right sir,’ and then the Magistrate came back. Most probably the Police must have tear-gassed.

Asian Tribune: Did he ordered the crowd to be shot below their knees and disperse them?

Senior Attorney at Law Mr. Emanuel Caius Feldano: I will come to that. They were tear-gassed and chased away by the Police. Then the crowd became more violent. When they were tear-gassed they became more violent and started throwing stones at the court house.

The High Court premise was damaged and the High Court judged had a narrow shave.

Asian Tribune: But the High Court was not functioning, we were told.

Senior Attorney at Law Mr. Emanuel Caius Feldano: Though the High Court was not functioning, the High Court judge has assumed duties sometime ago and he was functioning there. The Court has not started sittings. The High Court is there and it is really established in Mannar. Only thing is, we haven’t had the ceremonial opening and we are planning to have it opened soon

Asian Tribune: Who is the High Court Judge?

Senior Attorney at Law Mr. Emanuel Caius Feldano: Mr. Thiayagendran. Now this high court judge Mr. Thiyagendran was flabbergasted and he had a narrow shave and he couldn’t do anything and he slowly came into the chambers of the Hon. Magistrate. He was in dithers and the crowd was out of control. The High Court Judge himself told the Magistrate that you will have to make an order, these people has to be at least arrested, shoot them below the knees. That is what they were discussing. At least try to arrest some. They were attacking the Police also. They were throwing stones to the Police also and some Police people were injured and they are hospitalized. So all those things have not come up in the papers – Police getting injured and police getting hospitalized and nothing were reported in the papers. That is the funny situation.

There was no firing as such. Police didn’t fire. The Magistrate told the Police, you arrest some follows even by shooting below their knees. That is a legal order. No one can blame him.

That was indeed purely a legal order. In case a mob trying to attack, he is empowered to
make that order. He made that order but there was no firing or shooting. Only they were tear-gassed. They are fabricating, playing on it, just to hide their lapses, and they are trying to take an advantage over this matter. After tear-gassing then the Army came. The Police have only carried out his order in respect of the tear-gas.

Because the police were reluctant or not mindful of their duties, the judge has to call the Army. Only after the Army came, these follows started dispersing. So now, what does it mean? So these Police fellows were under the control of this powerful politician. Army of course, I don’t think that they are under the control of any petty politician.

Asian Tribune: You already said that you are from Pesalai and the Minister is from ...?

Senior Attorney at Law Mr. Emanuel Caius Feldano: The Minister is from Tharapuram. From Mannar the first hamlet will be Tharakundu, then Erukalampiddy, on the right is Erukalampiddy and on the left is Thoddaveli. Then you come to Pesalai and thereafter Thaliamannar.

Asian Tribune: It is good of you to have given me this background briefing. You are continuing with this protest?

Senior Attorney at Law Mr. Emanuel Caius Feldano Yes, we are continuing with the protest and unless something happens and otherwise there is no point. Why should we go to a court which has no power?

Asian Tribune: You will continue till when?

Senior Attorney at Law Mr. Emanuel Caius Feldano: Till stern action is taken against the culprits. At least the leaders who were leading the Wednesday’s mob, they should be brought to books.

Asian Tribune: Was the Minister there on that day?

Senior Attorney at Law Mr. Emanuel Caius Feldano: The Minister came only lately. After the confrontation, the Minister was present. On Friday there was an incident s? These people were going and attacking the fishing crowd at Konthapiddi. That day Minister was present.

Asian Tribune: Do you mean to say that he was leading the attack?

Senior Attorney at Law Mr. Emanuel Caius Feldano: No .. No .. he was not. I can’t take it on myself. He was not leading.

Asian Tribune: Tell us, what role he played for you all to blame the Minister?
Senior Attorney at Law Mr. Emanuel Caius Feldano: We know two and two is also two and you know this well. But two and two is also four.

Asian Tribune: But you are a lawyer – a very senior lawyer and to blame a person, you must have evidence to blame? Hypothetical statements are not evidence.

Senior Attorney at Law Mr. Emanuel Caius Feldano: It is not hypothetical. We have what is called circumstantial evidence.

Asian Tribune: To blame a Government Minister, there must be strong and solid evidence?

Senior Attorney at Law Mr. Emanuel Caius Feldano: That is what I am saying - circumstantial evidence.

Asian Tribune: What is the circumstantial evidence you are talking about?

(Circumstantial Evidence is also known as indirect evidence. It is distinguished from direct evidence, which, if believed, proves the existence of a particular fact without any inference or presumption required. Circumstantial evidence relates to a series of facts other than the particular fact sought to be proved. The party offering circumstantial evidence argues that this series of facts, by reason and experience, is so closely associated with the fact to be proved that the fact to be proved may be inferred simply from the existence of the circumstantial evidence.)

Senior Attorney at Law Mr. Emanuel Caius Feldano: Also accusations can be proved by circumstantial evidence.

Asian Tribune: Though I agree with you, but you must vouch whether there was any evidence pointing out that the Minister was involved in the protests, agitations and attacks?

Senior Attorney at Law Mr. Emanuel Caius Feldano: That of course I will not say ‘yes’. But the way the Police and the police inaction was due to the influence of ....

Asian Tribune: Then we have to blame the Police for inaction and not the Minister. Police must come forward and say that the respective Minister asked us not to take any action?

Senior Attorney at Law Mr. Emanuel Caius Feldano: The Police will never say that.

Asian Tribune: Then you can’t blame the Minister for the inaction of the Police. There is no justification in blaming the Minister. You have to blame only the Police.

Senior Attorney at Law Mr. Emanuel Caius Feldano: Blaming is different. You must be living in Sweden.

Asian Tribune: Yes, but I was on the run because the LTTE leader was hunting for me.

Senior Attorney at Law Mr. Emanuel Caius Feldano: These sorts of arguments in European countries are OK.

Asian Tribune: Sir ... I am one hundred percent a Sri Lankan. A Tamil from Point Pedro and in 1959 – 60 I was acting as a teacher. I don’t know whether you were ever a student of the Government Central College, Erukalampiddy?

Senior Attorney at Law Mr. Emanuel Caius Feldano: No... no, I studied at St. Xaviers College, Mannar and later went to Colombo to continue my education.

Asian Tribune: I was acting for a lady teacher who went on maternity leave and I was there for 9 months. And on the last 21st July, I am 50 years in journalism.

Senior Attorney at Law Mr. Emanuel Caius Feldano: I am 73 years old.
Asian Tribune: We both are in the same age group. In Sweden 65 years is the minimum retirement age.

Senior Attorney at Law Mr. Emanuel Caius Feldano: I am 73 years old.

Asian Tribune: I am also the same age, born in 1940.

Senior Attorney at Law Mr. Emanuel Caius Feldano: I was born on 1939. In the Eastern countries, as you put it of course, there is no solid evidence and we can’t establish it in a court of law. In the Eastern countries we know what these politicians were doing. Al though you say hypothetical, but by inferences and circumstances, we can without any mistakes come to a definite conclusion. I will tell you something. After all these incidents, the Magistrate and the lawyers - on that day, we were going up to meet the High Court Judge in his chambers. There was a Margosa tree on the way to the High Court building and as we were approaching the Margosa tree, there was a telephone call to the Honourable Magistrate’s mobile phone.

Asian Tribune: The Magistrate told me that he received earlier two telephone calls from the Minister.

Senior Attorney at Law Mr. Emanuel Caius Feldano: But to this particular mobile call only we are witness. We could hear what the Magistrate was saying , “Please Mister ..,( he did not mention any name, ) he said don’t mess around with my orders and if you continue to mess around, I have no alternative but to file report against you.

Asian Tribune: Was the Magistrate in the beginning of the conversation or in the course of the conversation dropped any names?

Senior Attorney at Law Mr. Emanuel Caius Feldano: No he did not called the caller by any name.

Asian Tribune: Then, that doesn’t mean that it was a call from the Minister.

Senior Attorney at Law Mr. Emanuel Caius Feldano: No .. No, I will tell you. So the Magistrate cut the conversation off and we asked him who this man who was on the phone speaking to you? Then only the Magistrate said it was Minister Rishad Bathiyudeen who spoke to him. He spoke to me now and he said that he asked me to revise my order and he said that “Mannar will burn.” He similarly threatened the Magistrate earlier too. When the Minster told earlier we were not in a position to hear his earlier conversations and only the Magistrate told us about the previous calls by the Minister. He said, now he is telling me, “I told you know that Mannar will burn if you don’t revise your order. You see now Mannar is burning,” So what more evidence you need to have. What more evidence you want.

Asian Tribune: I was told by a Colombo based lawyer called Mr. N.M. Saheed that he was present on the spot and they were trying to diffuse the situation.

Senior Attorney at Law Mr. Emanuel Caius Feldano: No ... Mr. Saheed was not there.

Asian Tribune: He was telling me, he was present there.

Senior Attorney at Law Mr. Emanuel Caius Feldano: No .. No ... he was not there. That morning he had come, to the court session he was there. On Wednesday he appeared in a case and after order was delivered, he went off, he was on his way to Colombo.

Asian Tribune: He told me he was there.

Senior Attorney at Law Mr. Emanuel Caius Feldano: No .. no, he was not present there. He was on his way back to Colombo and then again he had come. After the incident was over and Rishad Bathiyutheen had said that he is coming by helicopter and Mr. Saheed to return. We can vouch for it and we can make an oath on it.

Asian Tribune: Any way, I wish to recall one more incident. Recently there was a protest against Minister Rishad Bathiyutheen alleging that he made some foul statement against the Bishop of Mannar.

Senior Attorney at Law Mr. Emanuel Caius Feldano: Yes ... Bishop of Mannar. That was a Roman Catholic Church, but I am not a Roman Catholic, but I am a Christian. I think that the Bishop of Mannar has sent a petition to the President. I am not too sure of the fact, but these are the matters which I read in the papers. Bishop has written a letter to the Excellency the President about some resettlement in the Vanni areas. Muslims were allocated with large scale lands.

Asian Tribune: I will cut it short. The fact is, it was alleged this is a continuation of the protest earlier organized on behalf of the Bishop of Mannar. It was alleged that it was a Christian’s manipulation and is the continuation against a Muslim Minister.

Senior Attorney at Law Mr. Emanuel Caius Feldano: You know there are two communities in Mannar. Muslims and the other one is Christians. You can expect after these displacements and all these, social problems are common and there will be disputes. For that purpose we can’t blame anyone unless there is sufficient evidence.

For that purpose, the Bishop had a grievance that Tamils in the Vanni area are not allocated with lands. But in the case of Muslims, even without permits they were clearing large areas. So the Bishop has sent a letter to the President. The President has referred the letter to this Minister. And this Minister had made a statement in the Parliament condemning the Bishop as sort of a bad man. If he has made the statement outside we would have sued him.

Because he made the statement in the Parliament our hands were tied. Over that only the Catholics had a small demonstration within the church premises.

- Asian Tribune –