The Attorney General is on the war path with Colombo Chief Magistrate Lanka Jayaratne, Colombo Telegraph learns.
The Colombo Chief Magistrate’s extensive 40 page order justifying bail being granted to former Defence Secretary Hemasiri Fernando and suspended IGP Pujith Jayasundara heaped scorn on Dappula De Livera’s brazen decision to charge the pair with murder, punishable by death over the ‘failure’ to prevent the Easter Sunday attacks.
Now De Livera is bent on getting revenge.
On July 18, the AG’s Department filed a revision application in the Colombo High Court against the Chief Magistrate’s order granting bail to Fernando and Jayasundara.
The same day the Department issued an unprecedented press communique through the Attorney General’s Coordinating Officer State Counsel Nishara Jayaratne.
The Coordinating Officer’s release to the media accused the Magistrate’s bail of being “illegal, unjust, unreasonable”. The order Chief Magistrate Jayaratne made was “illegal and a violation of the law,” the release noted in reference to the revision application the AG had filed.
The four-page media release went further, accusing the Chief Magistrate of making “baseless and partisan” declarations in her order.
The remarkable thing was that while these claims against a Magistrate’s order may be considered the regular pleadings in a revision application filed against that order, it is unheard of for the AG’s Department to issue a press about the phrasing in the application made to the higher court, according to senior legal practitioners, since outside the context of a court filing, it could create the impression that the Attorney General is casting aspersions upon the conduct of the magistrate.
“All this was what the AG could not say when Lanka Jayaratne issued her order. AG De Livera’s Coordinating Officer has very skilfully used the opportunity of when the revision application was filed in High Court to hit back publicly and outside the courtroom – at the Magistrate” a legal source explained.
“In this and other cases in the future the AG’s Department must work with these judges again. So it’s quite remarkable that they are doing this, all for the public’s right to know” the source added.
Sources close to the Attorney General openly expressed disgust at the “conduct” of Chief Magistrate Jayaratne saying she seemed to be blowing “hot and cold” when it suited her. In previous media releases the AG has referred to Fernando and Jayasundara’s failure to prevent the Easter attacks as a “grave crime against humanity” making it clear that De Livera and his inner circle feels strongly about the case against the two former officials.
The issue of the controversial media release came up in court yesterday, Monday (23) when the case came up again before Chief Magistrate Lanka Jayaratne.
Lawyers for Hemasiri Fernando took objection to the press release issued by State Counsel Nishara Jayaratne on July 18 on the basis that it was prejudicial to his client.
Deputy Solicitor General Dilipa Peiris was asked about the release to which he replied that while he was not aware of the release all state institutions were bound to provide information in accordance with the Right to Information law. He promised Court that he would convey the matter to the Attorney General personally.
A few hours after the proceedings ended in court, the Coordinating Officer to the AG issued another press release, this time asserting that the release issued on July 18 had been “fully authorised” by the Hon. Attorney General.
In her order made on July 9 Chief Magistrate Jayaratne made it clear that the failure to have a security plan in place to prevent the Easter Sunday bombings could not immediately lead to a murder charge. The penal code was clear and distinctive about the two offences – murder, which is punishable by death and causing death through negligence which carries a maximum punishment of a 5 year jail term. In her order she explained that the physical act of murder was not present in the case of Fernando and Jayasunadara.
It also fell to the Chief Magistrate to explain to the Attorney General that judicial proceedings could not be instituted based purely on the findings of an ad hoc presidential committee set up to probe the Easter attacks, since the committee was not set up under any established law. The AG may commence judicial proceedings based on evidence gathered during sittings of a Presidential Commission of Inquiry or a Commission of Inquiry which is set up by Acts of Parliament and constitutes written law. However the Malalgoda Committee appointed by President Sirisena in the aftermath of the Easter attacks, has no legal basis. Under the circumstances, the report of such a committee may only be considered as an initial complaint about a crime, and must be investigated by law enforcement before charges can be filed and arrests made, the Chief Magistrate noted.
The Chief Magistrate also faulted the AG for ordering the arrests of Fernando and Jayasundera before the CID could even record statements from the pair.
This is not the first time De Livera has fallen afoul of judges due to his love for publicity and theatrics for the benefit of the media.
During the hearings of the Presidential Commission on the Central Bank Bond Scam issue, De Livera was severely admonished by Justices Chitrasiri and Prasanna Jayawardane after he refused to backdown even after the Commission made an order about what evidence would be permissible.
Both Justices Chitrasiri and Jayawardane remarked that they had never seen a senior counsel behave so badly in careers spanning over 30 years.
Justice Jayawardane even remarked during the heated exchanges that De Livera was openly challenging the Commission’s order in order to have his statements given wide publicity in the media.
Jayawardane called De Livera’s conduct “deplorable”.
“I’m sure your words will be appropriately reported in the media reports, which will give you satisfaction. We are not interested in what newspapers report, we are interested in our job which I’m sure will upheld by any court. When an order is made, one can go and canvass against it at the appropriate court. Making statements standing in the bar table is not appropriate,” Commissioner Jayawardane admonished.
See transcript of exchanges here
shankar / July 23, 2019
for him to charge them with murder shows that this man is a nutjob.he should see a shrink.
ps.what a charming CM.I don’t mind her giving me an order to to to………any order.
Moralist / July 23, 2019
Dirty rascal. How old are you?
shankar / July 23, 2019
naughty nineties.Did you see bush senior groping bums from his wheelchair before he died.It is the last chance you have.When you hit the eighties you will too.
Old codger / July 24, 2019
This Dappula is Sirasa’s poodle.
They gave him a lot of publicity during the bond scam investigation.
Why is it that they don’t give the same publicity to the SriLankan airlines Commission?
nimal fernando / July 23, 2019
Good ol’ Mr Dappula De Livera looks like a crow that got caught to the rain ……… Beaky nose and all ……. he should visit Malinga’s barber and get himself a mod-top ….. for a little more pizzazz
For the life of me I can’t figure out who this lady is; is she the magistrate Lanka or the AG’s Coordinating Officer Nishara?
Whoever she is, she is pretty and knows how to pose ……… good on her!
Can someone please enlighten me …….. is the woodwork (the cupboard, cabinet or whatever) behind her is made of a Lankan wood? Darkened Jack (Kos?) It looks like Oak which would be unusual. Or could be a recent import from Indonesia or some place. I have an interest in Lankan furniture.
Thappu / July 24, 2019
nimal fernando, You got really distracted, didn’t you, – Her name is right beside her photo.
You are trying to cover up your infatuation with Nishara Jayaratne, – bringing in furniture. Don’t feel shy. Nishara is indeed sculpture material!
nimal fernando / July 24, 2019
How did you guess? :))))
It was a bit of a diversionary tactic to send Native Vedda astray.
I am allowed to admire from afar! ……… anything more, my wife’s a surgeon; when she kills she doesn’t end up in jail !
Native Vedda / July 24, 2019
“anything more, my wife’s a surgeon; when she kills she doesn’t end up in jail !”
Killing could be a one off thing. However extracting your willi from your body could be a sweet revenge which could last forever for them especially for a trained surgeon.
If you err please remember to wear a chastity belt on 24/7 basis.
While we are in 24/7, I just received a Whatsapp message which read as follows:
Just a soft reminder to all married people
If you have promised ur wife that you will love her 24/7
Then today is 24/7.
nimal fernando / July 25, 2019
“extracting your willi from your body could be a sweet revenge”
Geeze Native, You’re slow today ……… where are your wits?
Why do you think I went and made amends with Ramona?
The last one who did it was Lorena (Lorena Bobbitt)
Anyone whose name ends with “na” is death to manhood!
When people are asked “If there is one person you would like to meet or have dinner with …… who would that be?”
There is only one person I’d like to meet ……….. And that’s Ramona’s husband!
I’d take Old Codger and Godzilla as my bodyguards.
That’s one brave guy …….. if ever there was one!
Nandaguptha / July 24, 2019
I beleive she is Dappula’s coordinating secretary? Definitely not the magistrate. The bottom line is HF and PJ are accused of murder, terrorists (Islamic extremists) who really bomb the churches and killed innocent people are no longer in the scene. It looks like AG`s office is trying to blame the officers over real culprits. This is a pathetic attempt to protect the responsible parties (Islamic Terrorist group) and divert the attention.
Siriwardana Dissanayake / July 24, 2019
She is the assistant of Livera. You moron ,
Suriya / July 23, 2019
There is such a thing as Command Responsibility in law and fact, and dereliction of duty. The Easter disaster was a high crime and there was dereliction of duty.
More power to and hats off to Mr. de Livera!
Sinhala_Man / July 23, 2019
Nishara Jayaratne is referred to as “the Attorney General’s Coordinating Officer State Counsel”. She’s not the Chief Magistrate, whose name appears to be Lanka Jaayaratne. Hmmm. Same surname.
So, it is the unkempt Dappula de Livera who has Nishara for company.
Steve / July 23, 2019
Does he ever wash his hair ?
Justice and Fairplay / July 23, 2019
Well said Sinhala Man ….
Unkempt indeed! Duppers hasnt combed his hair ever since he shot into prominence with the bond scam.
Nosey Parker / July 23, 2019
Quite a sexist comment from an old perv .
Manel Fonseka / July 23, 2019
I thought it was rather funny
Some light relief for a change.
Amarasiri / July 24, 2019
Looks like Dappula De Livera, the Kaputa, is keeping company and taking orders from his boss , and showing that both have partially functioning brains.
Their backbones are intact, but it is their Para-brains that need refurbishing.
Shamil / July 23, 2019
CT Editors: Dappula de Livera is the first honest AG that Sri Lanka has had in a long time. He is seeking justice for the victims of easter sunday carnage while the Bondscam Ranil-Mahinda and Sira partnership in criminal negligene and pandering to US interests to cover op the role of Saudi and the US Special Operations Forces in staging the Easter Carnage with the FBI, CIA, Interpol all trying to cover up the US role
He is working against massive odds so give the man a break
Hats off to Dappula as he is tirelessly pursuing cases against corruption by all the corrupt politicians regardless of party poltical affiliation .
realbuddhist / July 24, 2019
you are totally wrong and he is a boot licker of Sirisena and wants be the next CJ. mark my word and stay put
Manel Fonseka / July 24, 2019
Will you still believe this:
“Dappula de Livera is the first honest AG that Sri Lanka has had in a long time”
“….he is tirelessly pursuing cases against corruption by all the corrupt politicians regardless of party poltical affiliation,” after reading Kamani’s article alleging he is to “relieve” GR of his alleged role in a corruption case?
chiv / July 23, 2019
Another “I said so ” moment. In Shafi,s case and here soon after judgement I predicted harassment within and outside of courts, (Sarath use to belittle and abuse ) by MS/MR proxies to the extent the judges have to resign, take up diplomatic post or kill them self. Remember ex AG Mohan ?????
chiv / July 23, 2019
Nimal, good one Bro. Still laughing.
Sarath / July 23, 2019
Dappula working to cover up lapse of President. Shame on AGs dept!
Disgrace that AG now looking for media spotlight and doing populist things rather than enforcing the law properly. Just another puppet
rbh / July 23, 2019
Suddenly magician comes takes the rabit out of the hat, for the reason psychological concept of illusionation and to the diversification from present situation and prolong arrest.failure to prevent the Easter attacks.
Rwkd / July 23, 2019
The AG is hand picked by our president. Who will expect proper conduct by a man who our president endorses! From the time of the bond hearing we observed he had his own agenda which he took pains to push forward.
kalu nangi / July 24, 2019
Looks like Dappula is eyeing a seat in the Supreme Court…..perhaps to be the next CJ!
He is working fast before Sirisena is sent home for good….
nalmen / July 23, 2019
it is time the AG took a haircut before his next media release
he looks like the wolfman
since when did AG,s have coordination officers
I thought only ministers had them
Buddhist / July 23, 2019
Is President trying to do a “Rajapakse”? Is Maithripala trying again to manipulate the Judiciary through AG?
Nathan / July 23, 2019
Nishara looks attractive whatever said and done. Luckily our Sarath Silva is not there.
mike / July 23, 2019
Nathan – Then it will be “gedera yana gaman”!
Justice and Fairplay / July 24, 2019
Nathan you hve made an acute observation with the second part of your sentence.
Ajith / July 23, 2019
Srilanka is now a joke country. Sirisena says he has back born to bring a failed illegal coup. His AG says he has backborn for ordering murder judgement without investigation.
observer / July 24, 2019
Ajith, We are cross eyed with wrong Focus of Blame shifting and Vote catching. We must focus on hanging those who politically approved and funded the terrorists responsible for Easter Sunday carnage of humanity and its ongoing disastrous long term consequences
RP / July 23, 2019
Sri Lanka do not have a way of protecting honest and straightforward public savants.
Instead there are many who come forward to cover shrewd and corrupted lot. We the citizens can isolate them easily if they stop associating them, not welcome them home or for any family function, ignoring them wherever you meet them, not invite them for any function or not offering them any positions in the society etc.
If we allow people like the Colombo magistrate who show courage, competent and professionalism in her work without being intimidated to be bullied, hardly anyone will be left in the legal profession to up hold the law. If we allow that Colombo district will be amalgamated with Kurunegala
Thondamany / July 23, 2019
AG’s Department employ a fatal attraction
Mallaiyuran / July 23, 2019
Did you mean by “fatal attraction” the first photo is fatal and second photo attraction.
CT want to change its name as “Disney World”. It is crating Beauty and the Beast cartoons.
The woman is beyond 30; CT is putting Sweet 16 photos, probably. Horrible Misandry!
Native Vedda / July 23, 2019
“AG’s Department employ a fatal attraction”
You mean Dappula De Livera with his unkempt hair?
Just man / July 23, 2019
AG Dappula seems to have an eye for beauty while he himself remains unkempt. Although the present AG has a clean sheet and is above board , it was a bad move to have issued such a statement. Magistrate Lanka Jayaratne is a fearless judge and a cut above the rest. She has an impeccable career record and is like a fresh air in the midst of partisan and subservient Srilankan judiciary. It is up to the Chief Justice and the Supreme Court to consider charging Nishara Jayaratne for contempt of court although the AG has thrown his weight behind Nishara Jayaratne(no pun intended).
Estate Labourer / July 23, 2019
Nishara, I will dream of you tonight!
shankar / July 23, 2019
Mallaiyuran / July 23, 2019
There were Rs 5 Million award was given to a person who is identified as the one informed about NTJ’s arms bungers. But the bombs used by the NTJ to bomb Buddhist statues and Tamil churches are officially & procedurally issued from Welisara Navy Camp.
Man, you can think very hard for week to write a joke and write one, but you would not get one like the above.
In other words, some body is given Rs Million to deposit in a politician or Army commander’s account, for a small commission for the transaction. 357 innocents lives are gone in the Appe Aanduwa’s game.
JD / July 23, 2019
MALLE-U-RAN: LTTE cadres also got money like that and then whole families moved to South and unknown locations I heard. That is how LTTE was busted. I heard LTTE cadres were very eager to help and they complained about their lives.
Amila / July 23, 2019
Probably just like siri this dappulaa is also gone insane. Look at his hair ? Looks like he may be having problems at home or does not have a comb to comb his hair. He shouldnt be allowed to enter in to court premises with that untidy hair !
PARAGON / July 24, 2019
WHAT THIS AG-MY3 UP TO ARE THEY GOING TO MAKE THIS LADY TO BE ANOTHER MRS.SHIRANI BANDARANAYAKE ?
Good Sense / July 24, 2019
Aren’t so many cases there where the judge has disagreed with the prosecutor and given decisions much to the dislike of the AG? Why now all the theatrics, when in the past, the AG would file an appeal with all dignity and decorum? For some reason, Dappula has to please Maru Sira. Some tell me that the usual practice for a new appointee to the position of AG is to give an acting appointment lasting for 1 year and afterwards confirm the same, allowing the powers that may to review the performance of the appointee. In that sense, yes! Dappula must oblige Maru Sira to the command “Okung Kooduwe Daapan”. So A DRAMA is ENACTED. Dappula brings in a whole host of charges one can name, some being contradictory. For instance how can the facts be such that a murder be committed through negligence. Murder requires the intention to do so whereas negligence implies not taking care to expected levels. Had the issue of negligence only was raised, then the case to remand the two is weak. So a Malay Pickle of charges are brought in. Although there appears to be a contest between the Chief Magistrate and the AG, my reading is that both are reading the lines of a given drama. So we the general public are opening our mouths wide open to see the contest, like say watching a boxing or wrestling match. An appeal is filed and I am pretty sure the response is in line with the principle that wheels of justice are moving extremely slowly. In paying homage to Maru Sira Dappula can say “I am positive but these judges think that they have to be different to show their independence.”. Dappula is a good boy but others are useless.
Sarrij / July 24, 2019
At last someone with “balls”.
He should contest the next Presidential election to bring in some sanity in the country.
Backlash / July 24, 2019
What in God’s name is happening to this country. Here the AG, who choses to look like a hippie, is at logger heads with a Judge – functioning under him. Then there is Sillysena fighting with Mr. Bean forever claiming they both have strong backbones. The Kandyan-dancing IGP was fighting with his senior DIGs The Defence Secy says “nobody told me”. Almost everyone in the Govt is fighting with each other. Sadly, none in the regime has ever thought of fighting rising crime, the drug lords, Cost of Living, the sinking Rupee and such trivia.
Will we ever come out of this hell-hole under these 225 jokers?
Mark my words, the punnakku-eating 95% “educated” voters will send these
rotters to Parliament and Govt again. And the world will continue to mock us.
John / July 24, 2019
Facilitators: Badudeen, Hisbolla, Ibrahim, Asad, etc.
Easter day terrorist massacre was not a surprise attack. Because Muslims in Sri Lanka had proven that they the Muslims were capable of terrorism. SL Muslim families had gone to Syria to join 1S1S, some got killed, some sneaked back to SL with the help of Muslim politicians. So what was the Yahapalana retards thinking when these well trained Muslim ki1led going to do on their return?
The way Muslim politicians behaved, every one knew one day Muslims would commit terrorism, the things the authorities didn’t know was exact place, date, and time.
Salim / July 27, 2019
What evidence you have? Where are the facts You are as bad as the saffron clad thugs!
Roman Leslie / July 24, 2019
Most if not all have commented on the looks of the AG and his appointee. Is that really relevant to the discussion??? Also, AG who proved to be a clean slate before when he handled the bond scam stuff suddenly takes a. U turn a very fishy situation
Wera / July 24, 2019
“Sources close to the Attorney General openly expressed disgust at the “conduct” of Chief Magistrate Jayaratne saying she seemed to be blowing “hot and cold” when it suited her. In previous media releases the AG has referred to Fernando and Jayasundara’s failure to prevent the Easter attacks as a “grave crime against humanity” making it clear that De Livera and his inner circle feels strongly about the case against the two former officials.”
So where the bloody hell is the justice minister. How can a government allow such a blatently partisan bunch of goons populate the AGs department. Is it any wonder no justice will ever be done to the murders and swindling carried out during the previous regime? These bastards are all politicized hacks who make sure the bogus narrative about whom to blame gets carried out in cahouts with the media outlets Derana, Hiru and and the Sakkiliya’s channel. I suppose the Brahmins in the UNP do not want to interfere lest they get the vapours the bloody invertebrate fools.
makalu / July 24, 2019
When we listen to PSC we clearly understand what has happened. The president has not acted properly as the Minister of Defense and it has resulted the the Easter Sunday attacks. Even a grade 5 student can understand it clearly. The KADAPPULI De LIVERa can understand it. Anyway this is Sri Lanka,so for such a country it is normal.
Don / July 24, 2019
Dappula was in action (Thappulanawa). He did this during Bond Scam case, and warned by one of the Judges. He and his former boss declared that Siri has done according to the constitution on the 26th October last year and lost the game. Now he is trying to the inherited action (Apullanawa).
Sathees Navaratnam / July 24, 2019
A judge’s job is to compare Law with Evidence.
The Hon. Judge is correct in this case!
AG is wrong.
K.Pillai / July 24, 2019
The Colombo Chief Magistrate Lanka Jayaratne’s order justifying bail being granted to former Defence Secretary Hemasiri Fernando and suspended IGP Pujith Jayasundara has not much of Law but is full of ‘common-sense.
Dappula De Livera’s brazen decision to charge Hemasiri and Pujith with murder, punishable by death over the ‘failure’ to prevent the Easter Sunday attacks shows lack of commonsense.
Dappula’s challenge to the learned Magistrate is being Politically Correct (PC)
Watch Out everyone. Gnanasara Thera has chased them all with commonsense.
Nuwan / July 25, 2019
The people should start a Crowdfunding campaign for funding to buy tons of shampoo and a good hair cut for this man. One wonder which judge would tolerate this man with a unkept hair, and which shows to which level country’s respect and decency has dropped with hippies parading in the halls of justice.
Nathan / July 25, 2019
Nosey, is Nishara married or single and how old is she? I am slowly falling in love with her. She looks a hot number. By the way Nosey, you did not respond to some of my queries regarding your comments and blaming me as a racist. It is the easiest allegation to make and also a way of survival in Lanka. But I object to your assumption. I am against the evil doers.