Insight By Sunil KumaƒÆ’-¡ƒ”š‚  March 31st, 2010

ƒÆ’-¡ƒ”š‚ “Once A Blinkered Justice Sat Beside Some Tigers… Under The Shade Of A Coconut Tree…..And He Sang In response To.. What The Tigers Offered Him… I’ll Come A Waltzing Old Tigers With Ye!

ƒÆ’-¡ƒ”š‚ Australia is reputed for nondescripts in many forms apart from its indigenous aboriginals, swaggies, sheilahs and jumpbucks but to hear of a Judge who despite blatant admissions of guilt, choosing to release three dangerous terrorists supporters into society surely deserves a boomerang round his neck as the fallout from his contentious decision will reverberate around the anti terrorist supportive world for a long time to come.

ƒÆ’-¡ƒ”š‚ Particularly when one encounters the facts as opposed to the misrepresented criteria used by this particular Judge, one Justice Coghlan of the Melbourne Supreme Court reeking not only of pro Tamil Tiger Bias but almost as if he was under the influence of the powerful Tamil Tiger Overseas Organization with cells in many parts of the world and a very strong base in Australia according to credible reports albeit clandestinely at best!

ƒÆ’-¡ƒ”š‚ That he may eventually rue his decision could easily be forthcoming as the furore of many shocked at this apalling decision takes full momentum and the Australian Authorities view the Judges decision objectively and in depth towards review it is hoped!

ƒÆ’-¡ƒ”š‚ Why this case reeks of bias is emphasized by the judge’s closing remarks where he seems to have played Judge. Jury and Executioner in gay abandon paying no regard to the realities surrounding the dangerous nature of these three criminals and their clear intent to propagate, fund and maintain to a great intensity the terrorist activities of the Tamil Tigers against the Sovereign Democratic Nation of Sri Lanka and if this is a judge whose true credentials are pre-empted towards bias by his own personal sympathies he probably needs evaluating for efficiency and execution of duties and in the absence therof removed from the Judiciary as an affront to the great nation of Australia as he does not seem to understand the legal ramifications surrounding his decision which is precedent setting for the entire global community relative to terrorism!

ƒÆ’-¡ƒ”š‚ In a shocking decision by Mr. Justice Coghlan of the Melbourne Supreme Court of Australia, three Sri Lankan Tamil men who have initially managed to worm their way into Australia past all the security checks at the time of their entry ( these are not Australian born it is presumed), a black mark against the Australian authorities as these men would have in all likelihood had traceable links to terrorism in Sri Lanka and have unflinchingly admitted funding the Sri Lankan terrorist group the Tamil Tigers, have walked free from the Melbourne Supreme Court portraying the Australian Justice System in very poor light given the facts surrounding the case.

ƒÆ’-¡ƒ”š‚ The three men who once pleaded guilty to providing more than $1 million to the Tamil Tigers (LTTE), and one of them to providing electronic devices which were pointers towards the great destruction to life and property the Tamil Tigers caused during their insurgent terrorist campaigns in Sri Lanka for nearly 4 decades until they were put down by the Rajapaksha Administration.

ƒÆ’-¡ƒ”š‚ Although the charges against them were backed by verifiable and tangible proof according to intellligence reports, for some inexplicable reason the Australian authorities have dropped terrorism charges against the men last year and curiously when they were further charged under the United Nations Act for providing funds to a proscribed terrorist organisation that too has been dismissed by this Judge where one can easily surmise that there appears to be huge bias and pro Tamil Tiger sympathies involved ( veiled of course in the usual, cooked up, downtrodden Tamil People sympathy story which is unacceptable as Tamil Tiger does not necessarily translate to freedom loving Tamil person!)which during the course of proceedings has even evoked Anti Government, pro Sarath Fonseka rhetoric from those concerned with this decision predominantly Justice Coghlan.

ƒÆ’-¡ƒ”š‚ When the sentences were announced, the three men in the dock are said to have quietly smiled in relief and accepted congratulations from a big group of the Melbourne Tamil community who attended to support the trio who in all probabilities lobbied this case and influenced the midset of Justice Coghlan.

ƒÆ’-¡ƒ”š‚ Arunan Vinayagamoorthy, 35, not only pleaded guilty to providing funds to the Tamil Tigers but to the more serious charge of providing electronic devices to the group, one of which ended up in a land mine. Justice Coghlan sounds as though he needs educating in what exactly a land mine is and what it can do and might be rudely surprised if they surface in various parts of Australia as the dangerous possibility of the technology being propagated based on his decision pointing to neglect of a dangerous issue seems very real!

ƒÆ’-¡ƒ”š‚ Ironically this criminal was sentenced to two years in jail but was released on a good behaviour bond for four years.

Sivarajah Yathavan 39, and Arumugam Rajeevan 44, the others involved were sentenced to one year in prison and released for good behaviour for three years.

Justice Coghlan is said to have spent almost an hour sentencing the men while taking ‘many factors’ into consideration and laced in bias perhaps as what stands out here is a rank miscarriage of justice in a world where such precedent setting decisions could only be termed imbecillic regardless of the learned nature of this judge given what goes on today involving global terrorism.

ƒÆ’-¡ƒ”š‚ There can be no leniency for terrorist acts against a sovereign nation and what the judge has risked here are the vulnerabilities to terrorism of the country he belongs to and its security against the resurgence of what was once consided the most dangerous terrorist organization in the world where there will veritably be no Australian counterpart of President Mahinda Rajapaksha and his forces to counter a possible terrorist threat to Australia based on sightless decisions by judges like Coghlan whose biases seem to override their consciences!

ƒÆ’-¡ƒ”š‚ In a pathetic offer by way of closing arguments, he has contradicted many implications as well as his own judgement in deciding that the men could not have been ignorant of the LTTE’s international reputation, but that the men were not necessarily motivated by a desire to fund a terrorist organisation the logic of which sounds Gothamic!

ƒÆ’-¡ƒ”š‚ This invokes not only laughter but total amazement that a learned member of the Australian Judiciary would make such a conclusion as there is only a single logical motivation for criminals such as these to fund a murderous, nation destructive terrorist organization which is to wreak havoc and mayhem amongst innocent people in like manner to what has transpired in Moscow just hours ago!

Terrorists have no sympathy towards their fellow beings and terrorism has never been a redemption for a Nation’s woes.Those who condone it are terrorists themselves is what the learned judge here needs to be reminded as regardless of any learned arguments he may present in his favour he has set free three dangerous terrorist supportives of proven criminal intent to mingle with free and decent Australian society!

ƒÆ’-¡ƒ”š‚ This judge has towards his own chagrin and reputation drawn attention to, by way of his biased albeit veiled rhetoric( which has been an ongoing feature of his address to the Supreme Court during the apalling decision he has made ) the merits of the globally criminalisedTamil Tigers(the LTTE) in refering to the De-Facto State they maintained during their terror campaigns in the North and East of Sri Lanka and in a much unwarranted as well as disentitled manner also taken the liberty to hint that the ongoing court martial against the Fmr. Genera Sarath Fonseka is an aberration of justice by the Government of Sri Lanka!

ƒÆ’-¡ƒ”š‚ The summation that this Judge has overstepped his metes and bounds contrary to the beneficial interests of Sovereign Sri Lanka deserving credibility as opposed to her enemies seeking to destroy her,has been proven beyond any measure of doubt through his reference to Fmr Gen. Sarath Fonseka (facing a Court Marial for indisputable, criminally liable acts against the Nation of Sri Lanka ) in suggesting boldly that ” He is now a discredited war criminal in his own country, his own President describes him as a war criminal, yet he was the person that the Australian Government chose as their central prosecution witness in this case, a choice that absolutely beggars belief.” The proof is in the pudding that if Sarath Fonseka was the chief witness for the prosecution the choice not only beggars belief but belies the logic which went into such a decision!

ƒÆ’-¡ƒ”š‚ In conclusion it needs to be said that here then is an unprecedented case of pro Tamil Tiger bias by a misguided Judge of the Australian Supreme Court in Melbourne who has attempted to make a mockery of Sovereign Sri Lanka and her Statutes applicable to terrorism on the instigation of a disgruntled, disproportionate and displaced minority through their own seeking whose every disgruntlement he seems to have echoed not only through his judgement but through the sentiments he has expressed in words slighting the democratically elected Government of Sri lanka infaour of three puny criminals who belong behind bars where he needs to be made accountable by the Australian Authorities to a grave error!

Charity used as front to finance Sri Lanka’s Tamil Tigers

Courtesy of the Melbourne Herald Sun

POLICE seized dramatic footage and images of gun-wielding Melbourne-based terrorist cell supporters who allegedly took money from Victorians under the guise of raising cash for humanitarian aid.
Victorian Tamil Tiger terrorist cell supporter Aruran Vinayagamoorthy is pictured proudly wearing a Tamil Tiger uniform and brandishing an automatic military assault rifle.
It is just one of many images seized by police during raids on the suburban Melbourne homes of courier Vinayagamoorthy, Tamil community newspaper editor Sivarajah Yathavan and Sydney accountant Arumugan Rajeevan.
Crown Prosecutor Mark Dean, SC, said the men formed the leadership group of the Australian arm of the Sri Lankan Tamil Tigers and Supreme Court judge Paul Coghlan said he accepted they did.
The men had regular meetings with Melbourne-based but now dead Thillai Jeyakumar, who bragged on video tapes seized by police about being the leader of the Australian branch of Sri Lanka’s Liberation Tigers of Tamil Eelam.
Mr Dean said an Australian-based charity run by the men was used as a cover to collect and send money to the LTTE in Sri Lanka.
Police seized video footage during raids in 2005 of Rajeevan and Yathavan, a married father of two from Vermont South, firing a machinegun on board a Tamil Tiger gunboat in Sri Lanka and visiting one of the group’s terrorist training camps.
The Herald Sun has also obtained photographs of Vinayagamoorthy and Rajeevan posing with world Tamil Tiger leader Velupillai Prabhakaran.
Prabhakaran was the founder and commander of the LTTE.
Interpol had an arrest warrant for Prabhakaran, who was killed last year, over the 1991 LTTE-organised assassination of former Indian prime minister Rajiv Gandhi and over a terrorist bombing in Sri Lanka that killed 90 people.
Vinayagamoorthy, 35, of Mount Waverley, Yathavan, 39, and Rajeevan, 44, have each pleaded guilty to providing more than $1 million to the LTTE and Vinayagamoorthy also admitted providing the LTTE with electronic devices, at least one of which was used to make and detonate a bomb used in a terrorist attack.
Justice Coghlan sentenced all three to be jailed for a year for providing more than $1 million to the LTTE and jailed Vinayagamoorthy for 18 months for providing the electronic devices.
But he then released all three on $1000 good-behaviour bonds. In Yathavan and Rajeevan’s cases, for three years, and in Vinayagamoorthy’s case for four years.
Family and friends hugged the men as they left court and Rajeevan said: “Tamils in Sri Lanka can’t expect justice from the Sri Lankan Government but today we have received justice from the Australian justice system.”
The court was told the three accused used their Tamil Co-ordinating Committee – an Australian charity that claimed to be distributing donations as humanitarian aid to Tamils in Sri Lanka – as a cover to collect and send money and equipment to the LTTE in Sri Lanka.
Hundreds of Australian-based Tamils were persuaded to contribute monthly direct-debit payments to the TCC and it also used charity tins to collect money from Victorians on roadsides and in shopping centres.
“TCC are the Tigers and the Tigers are TCC,” Vinayagamoorthy was recorded telling an associate.
Documents seized by police in Melbourne revealed LTTE leaders in Sri Lanka told their Australian supporters “all funds raised will be used only for strengthening the troops of the movement”.
LTTE leaders in Sri Lanka thought so highly of Rajeevan and Yathavan that they granted the Australians access to one of their terrorist training camps in 2003.
Police in Australia later seized footage taken at the camp of Rajeevan and Yathavan watching male and female LTTE members demonstrating their prowess with mortars and other weapons and of Yathavan firing a large calibre gun.
Yathavan admitted to police that senior LTTE member Balasegaram Kandiah gave a speech after their training camp demonstration – which took place during a shaky ceasefire agreement between the LTTE and the Sri Lankan Government – in which he told them they had visited special places and that they should now go back to Australia to raise money for the LTTE cause.
Vinayagamoorthy, Rajeevan and Yathavan each admitted supporting the LTTE but denied being LTTE members and claimed the $1.9 million they helped collect in Australia between August 2001 and November 2005 was for humanitarian purposes in Sri Lanka – a claim disputed by the prosecution.
Justice Coghlan yesterday said he accepted all three men knew of the LTTE’s reputation as a terrorist organisation but also accepted they didn’t consider it to be one.
“But in sending funds to the LTTE they took the risk that the funds were being used inappropriately,” he said.
“There is ample material from which it can be concluded that the accused knew of the military activities of the LTTE and of the military preparedness even during the period of ceasefire.”
Justice Coghlan told the men: “I would not go so far as saying that your aims were entirely humanitarian. But I do accept that they were not purposely to assist terrorist activity.”
The LTTE was formed in the 1970s and spent three decades in a bloody civil war before the Sri Lankan Government claimed victory in May last year.
LTTE supporters claim it wasn’t a terrorist organisation but a legitimate separatist group that wanted a separate Tamil homeland in the north and east of Sri Lanka.