<b>President cannot be prosecutor and judge - Fowzie </b>

The Sunday Leader

Former Transport Minister and Member of Parliament A.H.M.Fowzie has told President Chandrika Kumaratunga that she cannot be the "prosecutor and the judge," adding that in terms of Section 14 (viii) of the party constitution, she has no powers to take action against him.

In a hard hitting letter to President Kumaratunga, the former minister has said she should not even attempt to act in terms of the above mentioned section of the party constitution because of the personal animosity she bears against him.

The letter addressed to the president by Fowzie on July 16 says that the president's letter written to him on June 26, is vague and is not specific.

"Thus, prior to answering the alleged charge in details as to when the alleged statements were made as well as detail of the public gathering and to which media they were uttered too must be furnished," Fowzie has said.

He has further said that in any event and without prejudice, there is no decision and /or policy of the SLFP to the effect that there should not be a national government. "If you however state that there is such a decision or policy kindly state when and where such decision was taken or policy laid down, and kindly furnish me with documentary proof," he has added.

"However, in truth and in fact, the converse is the case. You assumed, to my knowledge, executive presidency on the 8th of November, 1994. Since then you have openly advocated the formation of a national government and towards the middle of 2001, you initiated discussions with the UNP for the formation of a national government and in fact discussed among other things the allocation of portfolios.

"You consented to Hon. Ranil Wickremesinghe being the prime minister. However, the formation of a national government fell through at that time principally because of your avowed opposition to having G.L.Peiris and S.B.Dissanayake in the cabinet, based on a matter of personal prejudice/dislike, and not as a matter of policy," he has stated.

He has then gone on to point out that to say that the SLFP is opposed to the formation of a "national government" is far from the truth.

He has further said that it is strange that the letter sent to him has been signed by her and not by the general secretary as is the practice of the party. "This seems a futile attempt to take cover under Article 35 of the Constitution of the Democratic Socialist Republic of Sri Lanka which in this instance is in any event not applicable," he has stated.

"In the circumstances;

(a) There is no policy of the SLFP against the formation of a national government

b) You have failed to specify when the alleged statements were made by me, as well as to which public gathering and to which media.

(c) You have no power in the circumstances of this case to act under Section 14 (viii) of the party constitution and

(d) In any event since you have personal animus against me in this matter you should not in any event act under Section 14 (viii)," he has stated.

Courtesy - The Sunday Leader