By Colombo Telegraph –
Supreme Court Justice Shiranee Tilakawardane entered Court 402 of the Supreme Court this morning with police protection. Justice Tilakawardane and the police officers providing her with security entered the Courtroom through the judges entrance.
Justice Shiranee Tilakawardane
A daily newspaper this morning expressed its ‘regrets’ to Justice Tilakawardane following a clarification that the two judges absent in Court on Monday had provided notice of their absence earlier. The two absentee judges Chandra Ekanayake and S.I. Imam had no intention of boycotting the bench, the Daily Mirror said in its front page.
Justice Tilakawardane on Monday delayed more than 20 cases because of the improper constitution of the bench owing to the absence of Justices Ekanayake and Imam. Speculation in Hulftsdorp was that the absence of the two justices was a silent protest against Justice Tilakawardane’s decision to give evidence against the Chief Justice before the parliamentary select committee.
After her decision to give evidence against a fellow judge several Supreme Court justices noted privately that they would prefer not to appear with her in court. Members of the legal fraternity said this was not because she gave evidence when she was summoned but because she chose to participate in a trial that was lacking in due process and did not ensure the rights of the Chief Justice to fair trial which was unbecoming of a supreme court judge.
However this morning Justice Tilakawardane appeared with Justices Sathya Hettige and Priyasath Dep at Court 402 of the Supreme Court.
Updated 08.55 am.
Meanwhile Justice Tilakawardane said in open court she had requested an additional police officer to control the crowd in her courtroom because she was scheduled to hear over 50 cases today.
*Photo courtesy Bussness Today |Photography by Mahesh Prasantha
MAHADANNAMUTHA / December 19, 2012
“DO UNTO OTHERS AS YOU WOULD, THEY DO UNTO YOU” METE OUT JUSTICE AS YOU WOULD JUSTICE BE DONE TO YOU. I HOPE YOU ARE NOT APPOINTED THE NEXT CJ CONSEQUENT TO YOUR “JUDICIOUS” WITNESSING.
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Jith / December 19, 2012
This woman paid millions of depositors money to a fool she appointed to the committee of charted accountants. She dragged this case for four years, with out giving a judgement for or against the central bank . Instead she tried to make a settlement. She and Choksey arrived at a settlement plan to gether with Karvan P . Guess what? To deduct, all the interest paid from the date of deposit. These fancy brains to gether came to the conclusion that people love Kotalawela and Karvan that much, they take their hard earned money, EPF savings etc etc and leave it with Kotalawela and Karvan, so they can use this money for buying bigger houses in better places, keep mistresses, develop businesses build hospitals etc etc… . In return they return to these people , little bundles of their money every month!!!!!
This Thilakawardena said was a brilliant idea. The fancy Chartered accountant what did he have to say?
The reason why this was a brilliant idea we hear ,is because Choksey invested with them a small amount of money at a big interest rate. He added this to the capital monthly. Now the amount is over 55,000,000 . Since he has never collected his interest, together with this elitist sons and daughters of ex, ministers and parliamentarians.
This privileged lot, if they invested more than 10, 000,000 rupees , would get any where between ,30%_33% and compounded monthly. Either Thilakawardena was dumb or,she was helping those power brokers.
At the expense of the small invested who most definitely paid less than 19% per annum. And definitely did not have the privilege of compounding the interest. In any case how could they? They used this money to live.
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Depositor / December 19, 2012
Jith,
What do you mean by “She dragged this case for four years, without giving a judgement for or against the Central Bank (CB)”? In so far as we knew, no one has filed a case against the CB. Followed by that stupid expectation all that you wrote was jargon and gibberish in incomprehensible sentences to attack Justice Thilakawardena and Mr. Choksey.
This man Jith cannot understand that the busted companies have only so much in assets, and the CB has never given anything at anytime under any circumstances. Hence the judges have to find a way to distribute whatever available to each and every depositor in the most reasonable manner.
Enable the depositors to get the most from all the company assets, the bench headed by justice Thilakewardena had issued an order that read: “This Court also directs the Committee of chartered Accountants to pursue all negotiations for the sale of other properties by advertising and calling for quotations with a view to obtaining the highest going prices on these properties. No properties to be alienated without the express permission of this Court.”
It is this order that the CJ had blatantly flouted when buying her apartment. The CJ had interpreted the said order for her advantage and even included it in her reply to the PSC to say; “In the circumstances from 6.5.2010 the housing units in Trillium residencies were in effect not a property in the list of properties in case 262-2009 that could not be alienated.”
Not just that the CJ even got Rs. 1.6 million discount which otherwise should have gone to the said depositors. It is these that she was found guilty of violating Article 107(2) of our constitution by the PSC.
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Jith / December 20, 2012
You obviously do not know that this case went to Supreme Court, only because ,during mr Cabrals tenure, there was an investigation against the golden Key company , the report was , shoved under the carpet by the Govenor. The case was against the central bank (a fundamental rights case) for negligence. There by, the central bank was responsible for the debacle.
You obviously know very little about many things. I have no knowledge about ,what the CJ did hence I did not write about it ,but, I do know that, the money went somewhere. And three charted accountants could not find any thing?
You have actually deposited money and you did not know that the proposed repayment plan was to deduct all interest paid ??
Check your facts before you start singing for your supper.
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Leela / December 20, 2012
The Central Bank had categorically said that the Golden Key Credit Card Company is a credit card company and therefore does not come within the supervisory framework of the Central Bank. For that reason no one could file a FR case against the CB. The casees we are talking is filed against GK. And that is why the GK directors were remanded.
the Central Bank has been directed by SC to prepare a list of GK subsidiaries and its directors. That’s all to it. No case against the CB.
In a newspaper advertisement, the CB says that GK, its Chairman Lalith Kotelawala and directors and the Ceylinco Consolidated (Private) Ltd and their workers and agents have been barred by the Supreme Court from selling, advertising for sale or otherwise disposing of, or taking any further steps and actions to alienate the properties belonging to them. The company and its directors have been prevented from operating or closing any foreign accounts maintained by them or transferring or disposing of any money in such bank accounts.
CB was never made answerable for any of those FR cases. You are writing on heresay stories.
Leela
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Jith / December 20, 2012
Leela you call your self a depositor. You are the one who does not know your onions . You talk a load of rubbish.as usual. I was wondering what kind of a depositor, you were, with out knowing what is going on . Now I know you are Leela lying through your teeth once again.
Every body knows you for the lacky you are and just like your boss , you can lie.
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Ronny / December 20, 2012
I am Ronny and I use only this name. If you say that the CB has categorically stated that GK is a Credit Card Company I so say that they have to receive monies from their Credit Card holders for their withdrawals. If you are also a Depositor, you should know that you must have a credit balance to use your Credit Card. If not, Leela or Medamulana or Mervyn Silva or Duminda cannot dish out monies for the depositors whenever they use their credit cards. I agree with Jith especially with his 17.06 comment of even date.
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Rajee / December 19, 2012
one thing the woman’s ..
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Saman Wijesiri / December 19, 2012
Violence comes from one particular source. That source is surely not hostile to Justice Tilakawardane!
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Ronny / December 19, 2012
Saman, you have given the answer to the topic in a very concise way and that is the truth.
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Pandukabaya de Silva / December 19, 2012
The truth is that Tilakawardene J. callled the Daily Mirror and forced them to put this item. Chandra Ekanayake sat the very next day in the Supreme Court. How could she have been on leave on Monday! And how come if the initial news item was incorrect, both Imam and Ekanayake did not protest to either the Island or the Daily Mirror newspaper both of which carried the verys ame news item. Only Tilakawardene protested! Insiders know the truth.
To its credit, the Island did not publish a similar apology like the Daily Mirror even though the island also carried the very same news item.
It was to be understood that Hettige (being such a coward that he would have jumped when Mahinda, his pal and person who appointed him, said ‘Boo1’) would have sat with her. Dep is also a Presidential appointee but he is a peaceful man and would have obliged.
Oh and by the way all appellate court jdges are provided police protection. This is notning new!
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Srinath Gunasekera / December 19, 2012
The Prez did not want Dep as AG and moved him to SC shortly before the AG’s seat fell vacant. Dep earned his respect when he was in the department. My guess about Shirani T is that she is the CJ in waiting
Srinath
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Banda / December 19, 2012
I am personally aware that both Justice Ekanayaka and Imam were present in their chambers on Monday. I was so informed by the officers of the court premises. It was a clear boycot and no other !
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NAK / December 21, 2012
If they have the gutts to boycott they should also have the backbone to say so!
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Citizen / December 19, 2012
Leave alone the politicians. Politicians have no principles. But in the case of Shiranee Thilakawardena (who had conducted a number of cases before the High Courts), she should have realized the circumstances (where Minister Rishad Badurdeen was instrumental for the attack on the Mannar Magistrate’s Court and after the assault on a High Court Judge) in which she (while being a Supreme Court Judge) had appeared as a witness (when the list of witnesses were not handed over to the CJ), she should have resigned. Shiranee Thilakawardena should have maintained the dignity of the Judiciary.
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Jagatj Jayaweera / December 19, 2012
Go on.
Keep abusing her because she didn’t agree with your point of view.
What hypocrits you are? Then claim to defend democracy, rule of law and all other good things.
You are like prawns carrying s… on its forehead, looking at every one else with wide eyes.
JJ
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Kumudini / December 19, 2012
Sory to disappoint you but her judgments are biased and based on her personal agenda.More people should come ot with her stupid verdicts.
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Kalle John / December 20, 2012
Jagath the issue is not about disagreeing with her. Shiranee T has all right to appear before any tribunal and give evidence against anyone. What many disagree with is the process. She attempted to legitimize an illegitimate process. A process that did not serve justice or adhere to the basic tenets of justice. She should have been subjected to cross examination, the defendants should have been informed of this testimony, CJ should have been given time to respond to allegations, she should not have been subjected to name calling, the PSC should have consisted of persons without proven bias and the norm that the accuser and juror cannot be the same should have been followed. There are many things that could have been done to ensure due process.
As a judge of a supreme court ST participated in a process that eroded its independence based on personal reasons. This matter is bigger than Shiranee T or Shirani B. They like all of us may have friends and foes. This is ABOUT the independence of the judiciary and democracy in this country. So please try to see the bigger picture.
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Senguttuvan / December 19, 2012
The comments of reader Jith should be taken seriously by those who formulate Govt policy. Nearly 10,000 middle and upper middle class
investors entrusted Rs28 billion,in good faith, to the good and reliable name of the Kotelawalas. I learn they did not do this to evade tax but rather to insulate themselves against gallopping inflation and as a measure to ensure their security for ordinary daily living. Doubtless there were a few with black money – well known nouveu riche millionaires, Cricketers and the lot. These somehow managed to get their funds out with inside help – from Kavan and colleagues. It is known a well known millionaire running hospitals had Rs90 million invested and used thuggery and strong arm tactics to snatch valuable Ceylinco/GKCCC properties valued in 2009 January at a nominal Rs.200 million.
Bot those innocent and law-abiding who sold valuable generations-old real estate; invested future dowry for their daughters; to ensure overseas University education to their children; children abroad who invested small sums under Rs5 million to meet the medical and living expenses of their aged parents – are now in the streets. The first suicide was a bachelor of around 30 who dabbled in Stocks and Shares and was building a house in Wellawatta. He lost his entire Rs.20 million because he did not have money for his daily living – a fact
the high-living Lalith Kotelawala, who preached good and of his great character on TV for so long, must note. He (law student?) was seen in many Seminars and discussions aimed at bringing peace and unity to Sri Lanka. I am distraught to learn several others too committed suicide, which does not appear to move the Govt at all.
The formulae to settle GKCCC depositors – minus interests drawn for years so far – is a criminally twisted suggestion. this can end in some of the depositors owing GKCCC. Where have you heard of banks/fiancial institutions deducting interest paid against final settlement of Capital. Surely Mr Choksy Snr could not have come out with such a suspect suggestion. Maybe some of those Chartered Accountants who paid themselves Rs.250,000 a month for a few hours little work + unbelievable travelling allowances etc.,
GKCCC funds and assets have now become playthings of the ruling and the powerful. Some of the more juicy assets are said to have been secretly sold to friends, relatives and favourites of the ruling. The real owners of the money are in the streets – in sun and rain at regular intervals – pleading to a Govt that is remains deaf and dumb – so far.It is encouraging Mr Basil Rajapakse and Mr Thilanga Sumathipala have now raised the hopes of these people. One hopes there will be a happy and early settlement soon. Sadly, the SC judges who were involved raising much hope by the aggrieved have not only dissappointed but at least one of them appears to have gained substantially on the blood and tears of those defrauded.
Senguttuvan
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Jith / December 20, 2012
Mr Senguthuwan, I have so many friends and family , who would not have paid tax any way. They could have had this money In a bank and got about 2% less as in terest per annum. The money is not large enough for them to have paid with holding tax. Like normal Sri Lankans looking to survive ,they looked for the highest interest, that would ,enable them to lead a normal life.
There would have been people who put their lives savings for high interest for good causes like educating their children and to provide for aged parents medical care etc , I do not know any one of those.
This tax evation, was used as a loop hole by the ,super rich kids of ,EX and present Politicians.and some shady businessmen. To get at them even the tax department should catch those investors who have been given any where between 25%-33% interest per annum . All those people Iam told had investments over 10,000,000 rupees.
Those were the people Thilakawardena was trying to help. The super rich ,who do not need this money to live, but collect it and reinvest so they get rich by avoiding tax. They were trying to help the ones who never took their interest out but , kept reinvesting ONLY. And recent investors.
I have been reliably told these are investors who are personally known to Kotalawela ,and Karvan. karvans brother, had introduced many pilots too who had invested for high interest. And family friends these have all invested just before the crash.
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AYMAN / December 20, 2012
THEY ARE PAYING FOR THEIR GREED
.
IN BUDDHISM ALL SUFFERING IS DUE TO “TANHA” GREED.
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Park / December 19, 2012
At last the Learned People of Sri Lanka have shown what they believe in. Sri Lanka with its high literacy rate and the democratic roots had to turn around at some point of time. This has happened now. Progress will come as more masses join the fold.
When this debacle is resolved, the next step should be to educated the masses how to select their next Parliamentarians and more importantly how to build one single society with “Sri Lankan” identity and not the divisions which we see today. Languages are only communication tools and we are all Sri Lankans.
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Jith / December 20, 2012
Well said!
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Norman Goonetilleka / December 19, 2012
This is the person who had “lost” the file of the teavher of DeMazenod College when it was given to her for appeal against the order of the Magistrate, The appeal was to be against the Archbishop
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Ainsley / December 20, 2012
Terrible things are coming out against the judiciAry. I am appallled. I thought the only maggot in the pile was Sarath Silva. It appears that I am now wrong.
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Jayantha / December 20, 2012
I think a new people’s constitution should be introduced with clear cut rules drawn on President, Parliament and the Judiciary with stringent Laws relating to possesing Assets after they hold the responsible posts.
I still wonder why Govt. acquired Shell Gas company paying a huge sum to them (I still don’t know what the final figure was, but it was in the Colombo Stock Exchange) and I defenitely believe ….infact of acquiring Shell Gas paying a huge sum, Govt. could have easily built a third Gas company somewhere in Tricomalee, so it could have served the Nothern, Eastern and the Central Province Markets with low transport costs.
Similarly acquiring the APOLLO HOSPITAL….I still don’t know why Govt. with chief as Gotabaya Rajapakse acquired a Privately run a very good customer service given by the Apollo Hospital paying them a huge sum of money…without building a private Hospital somewhere in Kandy so the people in Kandy could have served better.
My Point with A new constitution introduction should be…….that all the Ministers and the Ministries including the President SHOULD NOT BE ALLOWED TO TAKE AD HOCK DECISION MAKING TO DO WHATEVER THEY WANT. THEY SHOULD ONLY PRODUCE THEIR NECESSARY FORECASTED PROJECTS AND EXPENDITURE AND INCOME BUDGETS TO A NEW “BUDGETS AND FINANCE COMMITTEE” Which should comprised with qualified bench of professionals. Also this bench should draft a “Master Plan” for the country’s needs and priorities, both for income and expenditure and advise necessary ministries. NONE OF THE MONISTERS SHOULD BE ALLOWED TO HANDLE MONEY OR CONTRACTS ANYMORE INCLUDING THE PRESIDENT OTHER THAN SUBMIT THEIR PROPOSALS TO BE EVALUATED AND FINALISED BY THIS COMMITTEE. EVERYTHING SHOULD GO THROUGH THIS “BUDGETS AND FINANCE COMMITTEE” AND THIS COMMITTEE SHOULD BE RESPONSIBLE TO SEE THE MONEY WELL SPENT AND INCOME GENERATED WITH TRANSPARENCY. Ministers are responsible on internal matters of their ministries only.
This is the only way I see that we could avoid STATE CORRUPTION AND STATE EXPLOITATION OF PEOPLE’S AND TAXPEYER MONEY.
ALSO THERE SHOULD BE MORE….TO BE INCLUDED IN THE CONSTITUTION TO PROTECT BOTH CITIZEN AND THE COUNTRY FROM ‘NEW POWER AND MONEY GREEDY POLITICAL MASTERS’
Any other suggestions are welcome.
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Justice / December 20, 2012
The Daily Mirror, today, published the reason for the extra security http://epaper.dailymirror.lk/epaper/viewer.aspx
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Amal / December 20, 2012
For the last few months, Colombo Telegraph has become the mouth piece of the JC. It is noticeable that her lawyers reply & incidents appear hear within few minutes of the event. Some of the articles are 150% single sided. No mention about how CJ’s husband loss the job, whether he was suitable or who CJ managed to have entry of Rs 250,000,00 in her account. Why she had Rs zero balances on her account on 31/03/2012. As a reader you opinion can be formulated in a netural manner, if you read CT. Now CT is against ST, as she has given evidence in PSC proceedings. Some political parties are against this impeachment & President has to deal with it. Equally, if some SC Judges believe CJ is in the wrong, CJ has to accept their stand. ST has the freedom to so. Therefore, there is no need for boycotting the bench. These Judges talk about law and order, Independance of Courts but when on SC judge give evidence, they cannot take it!. Where is the so called Independence.??
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Nimali / December 21, 2012
You are absolutely right! I too had the same suspicions and I believe CJ’s lawyers are commenting on CT and they have now resorted to tarnish the reputation of Justice Shiranee T. They have built up a story that ST is secretly trying to be the new CJ which any right thinking person knows will never happen, as MR wouldn’t wish to have an independent fearless judge as ST to be the next CJ as that would be a bigger headache to him than the current CJ.
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Supun / December 20, 2012
To the GK depositors I say this: ” if something looks too good to be true, it isn’t”. Your greed drove you to deposit in GK, now you are suffering the consequences.
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drbs / December 20, 2012
laws are to protect the people,
when they do not,
changes must occur,
the gradual deterioration,
was generally commented upon,
more so ,publickly,
in the past few yrs,
the real rot, the degradation started with JR s fear of lack of power,
made himself thesuprme person,
that could not be touched.
all who reaped the benefits,defended the power,
almost all,
denounced the excec pewsidency,
but all very secreetly love tge JR debacle,
and made it mor lucrative, more powerful.
the fault lies in the people,
and the elected officials,
corruption,inherited from the British, guarding the old boys system,
became a new religion.
public servants were Servants,
to serve the public,
just get paid,
and not amass wealth.
that was systematically flouted,
and no one questions the huge fortunes wasted,
lost and not accountd for?
this maybe a good start.
but will the world cooperate?
they were the creators of this greed,
not gods or karma,the latter stood idly and helplessly.
the 10% imelda marcos and her husband,
became the battle cry,
and the 10% was replaced by 1005 or more,
bribes went sky high.
Anything can be ought or sold via expedited bribes,
some wanted to rename bribes as comission or gratuity etc.
are the govt servants,
judiciary
elected officials,
etc
allowed to earn anything,
accept any gift,
onations from family,
like the recent Rs 4-6 million watch from a rlative,from abroad,
that was not abroad,but the relative forgot,he did not leave the country.
why not forgive all this,
let all go without a fight,
retain, 25% after taxes,
and donate the rest
like to the british ,called soverign peoperty.
reverse al questionable rates,sales,
confiscation of property[past and contemplated]
foreign laws may apply,
but local remedies,
including pardening the war heros,must be considerd,
they did a great service
a revolution is not the solution
we have many good people,
some are too distracted by features that lead to the degradation of human qualities,
led by thanha.
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Pinhamy / December 21, 2012
Shame on you lady.Bunsuckers and shoe suckers of Goverment.Is this the indipendant judiciary system in Srilanka….?
Shame on you Lady…?
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Nimali / December 21, 2012
Shame on you Pinhamy…to give such a comment to a respected Judge. You should be called POWHAMY for the sins you are committing.
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Jim Hardy / December 22, 2012
Some people who comment here does not know the ground reality of SriLankan society,Politicians, Lawyers , Judges , Doctors, Medics, entire public sector is corrupt to core , this virus have spread to the general public who try to make money by hook or crook.
Changes has to come from top leaders , intellectuals & Clergy otherwise our countries fate is ARO HARA.
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shankar / December 31, 2012
Why the hell can’t the supreme court just give a verdict that
a]deposits should be paid fully on a smallest one first.This will get rid of a substantial amount of depositers and then can focus on the rest.
b]All those who were given ceylinco properties in lieu of their deposits,should have those deeds null and void.They did not give the deposits to purchase property,so it is an illegal transaction,for some to get properties and others to have nothing as all depositers have the same legal rights.Also this transfer was done under pressure such as thuggery etc and some with high level contacts.Clearly illegal as undue pressure was used to get properties.
c]all properties purchased also should be returned back to ceylinco as it is clearly immoral and illegal to to buy these without a public auction where everyone could participate and the market price is known.The CJ also should return the trillium apartment.
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