The Attorney General has filed a revised application to High Court, seeking to annul Gangodawila Magistrate’s bail order & remand former Additional Magistrate Thilina Gamage.
Thilina Gamage
The decision comes after the Bar Association of Sri Lanka (BASL) called for an investigation into the conduct of Gangodawila Magistrate Kanishka Wijeratne, amidst allegations that he had meted out special treatment to Additional Magistrate Thilina Gamage who is currently out on bail for allegedly owning an elephant without a license.
Gamage was granted bail on June 2, for allegedly possessing a baby elephant without a valid license.
Gamage has also been suspended by the Judicial Service Commission due to the ongoing investigation.
Sources said earlier, Gamage should have been remanded for his offence, but was instead granted bail by Wijeratne who was the judge in the case.
In a similar case in March this year, Uduwe Dhammaloka was remanded for allegedly possessing a baby elephant without a license, when he was produced before court.
Lapatiya / June 13, 2016
This cannot be acceptable as I have been planning to get some legal advice from Magistrate Kanishka Wijeratna, Chief Magistrate Gihan Pilapitiya, ex Magistrate Thilina Gamage and Legal Lunumiris Lawyers who are representing “Ali Thieves”
Police is looking for one of my frieds for some stolen Items worth more than 4 Million. He asked me to contact Chief Magistrate Gihan Pilapitiya weather it is possible for him to get the ownership of stolen Items at least on temporarily basis as he has a letter from the Mahanayaka that he is a good “Dayaka” of the Temple. He also says he can bring some more letters from Bengamuwe Nalaka, Narahenpita Nurse Loku saadu, Galagoda Aththe Naanasara, Ittakande Saddatissa etc. if necessary.
Again he send me another Massage to ask from Magistrate Thilina Gamage to find suitable place for him to hide until he make a deal with Deal Daasa Rajapaksha.
Then again he is asking me to contact Magistrate Kanishka Wijeratna to get the bail condition in advance in case he get caught to the Police and also he wants to know weather he could fulfill bail conditions in Installment basis as he has done in Thilina Gamage’s case.
Finally he send me another massage saying that I should contact Ali Thieves Lawyers to put pressure on CJ, Hon. Sri Pawan and JSC members to sleep some more tine until he settle the things with Police and join the Yahapalanaya.
/
Daham / June 13, 2016
Your friend could also get a letter from Bellanwila Wimalarathana who is also supporting the “Ali Thieves”. They are keeping mum on the sexual assault of that novice monk by two adult monks and a pirivena teacher which happened last month.
/
paddy / June 13, 2016
Hush people. The Attorney General has just woken up.
/
Gramberg / June 14, 2016
Paddy, you beauty!!!
Indeed its been a long slumber all right!
/
Samsom / June 13, 2016
What about action against the rouge Magistrate Kanishka Wijeratne? He shouldnt be allowed to get away scot free, as well!
/
AM / June 13, 2016
This Kanishka judge also should be striped off his rank and suspended.Shame to judiciary.
/
thrishu / June 13, 2016
Yeah demote the bugger to a KANISHTA and send him off to Kanishta Paasela to learn some proper law and order from his class mates in the 5th Class where he belongs. Stupid BOY!
/
Shrikharan / June 13, 2016
AM
I quote you said:
‘Shame to judiciary’
Judiciary has already been shamed so nothing to feel ashamed about it now. We all know judiciary is a corrupt place and those who sentence others should be in Welikade in the first place living side by side with the other prisoners.
What moral right the judges have in sentencing people to jail when they themselves deserve to be in jail? If the top, the chief justice Sarath N Silva can behave so disgracefully scandalously, dishonorably in public life and in private life. I hate to bring his private life and that is public knowledge.
But we know how he accepted and apologized for giving partial judgement in favour of Mahinda Rajapakse in the notorious ‘helping Hambantota’ scam where the rogue president got caught steeling aid money amounting millions, for the Tsunami victims and deposited in his private bank account.
That is positively professional misconduct on the part of Sarath Silva for giving partial judgement. But why did not the Judicial Service Commission take any action? But now on second thoughts the JSC wants to take action on this junior magistrate for owning a baby elephant without a valid license.
Then again another Chief Justice, Mohan Peiris had no shame to accept the post of the unfairly dismissed former Chief Justice Shirani Bandaranayake. He was acting a mere mouth piece of Rajapakse while sitting in courts. This buggar wanting to retain the post pleads with Ranil Wickremasinghe, the new Prime Minister assuring he will never give verdicts against the Government. What a shame of a chief justice to say such a thing.
These are the people who should be in jail for abusing their status and special privileges they held.
This is the very reason the victims of the war crimes or their families insists on foreign participation with foreign judges as they rightfully have no confidence in the corrupt judiciary of Sri Lanka.
/
Coconut Republic / June 13, 2016
What justice can you expect when most of our judges are so corrupt!
Mr President, wipe them out fast. No wonder all out good ones are been hired by the other countries.
/
citizen silva / June 13, 2016
No sooner Yahapalna government came to power what they should have done is take stock of the situation &comprehensive course of action plan adapted & implemented.The Rajapakse die hard officers in the government sector is blocking every good move by presant government.Sadly Hon. PM suddenly got up from the slumber like Rip Van Vinycle seems to have look at Black Book prepared by Hon.Mangala now try to take action against Rajas Kamikazes .It appears Hon.Pm &HE has genuine efforts keep the government going but rest of the members doesn’t have any interest.Even recent attempt at Parliament taking vote all of them had gone to watch movie “Pattini”.This shows poor state of affairs.Internal bickering had ruined there is no collective approach even among UNP parlimentarians some of young Turks like Harin,Sajith seems not so much enthusiastic.Bureaucracy,Judiciary,Salawa,Floods every where Rajapaksa phobia haunting.Yahapalana government had been pushed to wall by Raja & Jo those who sacrifice for yahapalanaya are at the receiving end.Recently when I was returning from alms giving A yellow Tipper blocked my way in Galle road around 11pm I was about hit it since I was on motor bike.The reason was I spoke in favor of FM Fonsekas appointment to parliament favorably little while earlier with few friends.Someone among the crowed die hard loyalist Rajapakse must have informed about me to Rajapaksa goons who lied in ambush for me.This shows still Rajapaksa flexes muscles every where.Sometime back Ceylon Today lady journalist was killed by a tippper in Col-07 writing critical article of then Economic ministry.It is a common practice during Rajapaksa regime opponents die in mysterious accidents unless white van or Anura Sennanayakas Red pajero group do the needful. My incident had all the Hall mark of Medamulana terror tactics.As JRJ said “Thamunge Arakshava Thamun Balaganna ” (Yahapalana Local loyalist take care of yourself)otherwise you will be next victim under Yahapalanaya !!!!!
/
Ayesha Arambepola / June 13, 2016
A big blow to justice. AG and BASL should go through all the previous judgments to ensure whether correct judgments have been meted out. Ordinary citizen do not expect judges to be impartial and respect them. These two rogue judges can destroy the good image of our judicial system and the Bar Association. BASL should strike off their names. If these types of judges are occupying the seats of justice, we will lose our respect in the international area. President and the Prime Minister cannot boast about justice and fair play to many issues which are confronting our Nation. Good and Respectable local judges will lose their respect and dignity due to rogue judges in the System.
Prior to the appointment of judges to various courts, the AG and the President should consult the general public and publish their names, similar to appointing High Commissioners and Ambassadors to countries.People know best.
/
srinath.gunaratne / June 13, 2016
Arrest both magistrates![Edited out]
/
Patriot / June 13, 2016
This is Yahapalana payback. Arjun Mahendran helps his Son in Law to amass mass wealth through CB bond Bra Sira can only worry about Mr. Clean’s image getting tarnished. This guy’s mistake was keeping an elephant. For God sake there are enough and more underworld figures with illegal weapons why don’t government do something about that. This is pathetic for the label they carried to come to power.
/
GP / June 13, 2016
There will be no elephants for the Kandy Parahera
/
vegetarian / June 13, 2016
Is having dog without a licence very different from having an elephant without a licence?
Or is this also like meat eaters not wanting zoos as in a recent article in CT?
/
harry hatton / June 14, 2016
Is this the quality of persons we have as judges today !
Ornate, showy, ( elephant for a pet!) superstitious, full of religious rituals- basically, with values which are completely against the principles of the law and justice!
we should stop pretending we have a legal system like in the countries we try to emulate .
/
AshyD / June 14, 2016
I am a victim of a very bad judgement in a Partition case.The District judge has sat down with the preconceived idea of partitioning the land when all evidence recorded during the trial called for the dismissal of the plaint.
Either the judge has taken a bribe, which is my suspicions or been partisan towards the plaintiff for reasons better known to him.
With Magistrates of the low calibre we see today sitting on the bench anything is possible.
It is on Appeal now, and I hope I find redress.
Could any reader or lawyer advice me as to whether I could go before the Supreme Court with a Fundamental rights action, make an application to the Human Rights Commission, complain to the Judicial Services Commission whilst the Appeal is under process.
/
Law Student / June 14, 2016
All looking good as it is seen on the substance of the order made by the High Court of Colombo that the blunt order of the Gangodavila Magistrate granting bail to a suspect who is wanted for an offense of public property [at least worth LKR 7 million] is stayed by the High Court of Colombo. Yet, everyone has forgotten the status of this [powerful] man Thilina Gamage the moment High Court passed the ruling that he again is able to freely walk as the High Court issued notice to appear on 21st June before the High Court.
Another news item goes as: “This morning (13/6) after a revised application filed by the AG in the high court to cancel the bail, was examined by high court judge Waidyatileke issued the aforementioned order suspending the bail granted to Thilina Gamage while also ordering the case file in the magistrate court be forwarded to the High court. He also issued notice on Thilina Gamage to be present in court on the 21st of this month.”
According to the High Court order it should be noted that now there is no valid or invalid, legal or illegal bail order on Thilina Gamage granted by any court of law in the land. Then the status of Gamage goes back to the period where he was absconding. Now the CID cannot arrest him because of the notice issued by the High Court. What should have done was that the High Court along with the suspension of the Magistrate’s bail order, a warrant of arrest from the bench should have been issued. It is not clear whether or not the Attorney General made an oral/written application to that effect. But now what is the status of Thilina Gamage? The witness is in remand while the accused is joyfully at home or somewhere. This is how I see it as a first year Law Student.
/
Law Student / June 14, 2016
To you AshyD –
“”I am a victim of a very bad judgement in a Partition case.The District judge has sat down with the preconceived idea of partitioning the land when all evidence recorded during the trial called for the dismissal of the plaint. Either the judge has taken a bribe, which is my suspicions or been partisan towards the plaintiff for reasons better known to him. With Magistrates of the low calibre we see today sitting on the bench anything is possible. It is on Appeal now, and I hope I find redress. Could any reader or lawyer advice me as to whether I could go before the Supreme Court with a Fundamental rights action, make an application to the Human Rights Commission, complain to the Judicial Services Commission whilst the Appeal is under process.””
First of all I humbly appeal to you dear grieved AshyD please do not look at every judge in the judiciary by the same eye that you look at few of those who administer justice upside down as it happened in this famous Elephant case. You may not be aware that there are many of those who administer justice even if the heaven falls, yet sacrificing their personal time in life, being away from their loved ones, and many more. I know you would not believe. I am not surprised.
Secondly, you being a law abide citizen I hope may not drive your vehicle off road. Once a judgment is pronounced by a court of law, yes you have done the one and only remedy by appealing the judgment to the relevant higher forum.
Thirdly, the simple meaning of the Partition Law in our country is to divide the undivided land by dissolving the common ownership as much as possible whenever a partition case is instituted before the District Court. The partition act forces the District Court to enter a partition decree than dismissing the case. Any party who has the common ownership to the land can again and again file any number of partition cases over the same land one after the other, once the judgment of dismissal is entered. This is partition law. Please read the partition Act. If by any chance if you want to change this law please do not blame the judges but make a bee line to the Parliament.
Finally,you cannot invoke the power of any other forum as long as your case is pending on trial or appeal. Even the JSC cannot interfere into this process which is a punishable offense to do so. let alone the other institutions you referred. Unfavorable judgment delivered by a court of law in any given case does not open a cause of action for a fundamental rights case to a litigant anywhere in the world.
Thank You.
Law Student.
/
ASHAD Dole / June 15, 2016
AshyD,
To you Law Student – (June 14th 2016).
First let me thank you profusely for the very enlightening response to my comment.
Second, this is a Partition action that has been under process and then heard in the relevant District Court for 30 years.
Third, I quote a part of your comment – Qoute: “Thirdly, the simple meaning of the Partition Law in our country is to divide the undivided land by dissolving the common ownership as much as possible whenever a partition case is instituted before the District Court”.- Unquote:
My grouse is that the Judge has completely ignored this very important aspect, which you have quoted above.
A defendant whilst leading evidence disclosed that there were others with inheritance rights -(by way of an original deed) to the land, at which stage the trial was abruptly stopped on that day and the “learned” Judge entered an order that the Court CANNOT accept that defendants request, for addition of parties, which under section 69 (1) (a) was the Courts prerogative, and NOT a request made by the defendant, BUT ONLY a disclosure to prevent any subsequent action against him under section 71 (1).
Then a party who was not recognized in the original plaint came to Court under section 69 (1)(b) after the trial had begun, claiming an inheritance right for which the Judge in his order said – Quote :”Though the appellant defendant has not disclosed the quantum of ownership he has to the land,he has very clearly defined how he has derived his rights to the land” – Unquote.
With the order the “learned” Judge set a VERY HIGH COST – (unreasonable) for the appellant defendant to pay to the plaintiffs and one other defendant BUT leaving out one defendant, who happened to be his spouse.This was in itself BAD IN LAW.
The Appellant defendant did not PAY THE COSTS, hence was denied the opportunity to enter the case, BUT he had made and brought a very important message to the Court, that he too had a right, to the land which the “learned” Judge had upheld with his order.
Later the Interlocutory judgement was delivered partitioning the land among the plaintiffs and the other defendants, completely ignoring the rights of the above appellant defendant.This is BAD IN LAW, and my grouse.
Now I again quote you, Quote:” Any party who has the common ownership to the land can again and again file any number of partition cases over the same land one after the other, once the judgment of dismissal is entered”.-Unquote.
The above has been denied to the Appellant defendant, by the “learned” Judge by partitioning the land, which is again BAD IN LAW.
The “learned” Judge knew that there was another owner and one who had come to his Court, and under section 69 (6),his application was rejected BUT by dividing the land the “learned” Judge has SUBJUGATED that right, and that is BAD IN LAW, especially in a Partition action, where the Court is required by law to bring all co-owners to the land to Court prior to dividing the land.
If the Judge had DISMISSED the plaint the status quo remains and like you say above, anyone even having an IOTA of ownership to the land can institute fresh actions as they please.
The “learned” Judge has to go by what is transpiring in his Court and not what is right outside it, which is what the “learned” Judge has done in this action.
Law Student, your comment was well presented and hence my response, thanks for same.Would appreciate a reply if you so desire.
/
Law Student / June 15, 2016
To you AshyD,
Thank you for receiving my response with gratitude.
Yes, this time you have come out with more details.
If the facts remain so, you will definitely be successful in the appeal.
A party who claims undivided/any legal right/s over a commonly held land has the right to intervene even after the judgment is entered and before the final decree is entered.
In your issue, all you have to do is employ a “Learned” Counsel[ no matter he/she just passed out and admitted to the Bar] who can precisely argue this at the hearing of the Appeal. You do not have to then cross your fingers.
The time period the litigants waste in partition actions, is totally out of the control of judges. Judges do not postpone cases for songs. It is partition law which prolongs the process. Some times it is found that there may be 175 defendants in one partition action. If you, being a party are denied your right to have a survey done and show court in a survey plan [in partition you call it ” a commission report”] the boundaries of the entire land you rely on, what would be the situation.?. Need not tell you how difficult it is for a District Judge to properly guide a partition action to its finality. The specialty in partition is that the real battle starts after the judgment is delivered and at the scheme inquiry which is a trial within trial like process. It is not the fault of the Judge, it is the partition law. It is of course to secure the very grain of sand commonly owned by every party and to rightfully be divided. The duty of the court is to hold an examination into the ownership coupled with correct pedigree of each party before delivering the judgment. In partition, every defendant is considered as a plaintiff too. In an instance of the plaintiff abandons the case,then the court cannot dismiss the case but “shall have to appoint one of the defendants as the plaintiff. Then the plaintiff is placed in the caption as a defendant. It is so complex and intricate piece of law which an ordinary man cannot really get an idea, but only used to hate the courts and the judges for the time that consume which is inevitable and that itself is to secure the rights of the parties. People generally used to say ” idam nadu ahenne naa” and so on. This is not the Land cases to which they refer. Partition case is a case attached to land/s but it But it is not a land case. It is partition of a land. Land cases are different to the partition. People used to easily criticize the court and the judges, but they do not think that it is because the partition law and that it legally prolongs the outcome. [ One judge in Sri Lanka is handling 10 times of the work that a judge in Singapore handles]. The situation would be drastically different if parties do not “contest” against each other in partition cases. If there is no contest, then a partition case can be concluded within a period of one year. Unfortunately, it is not happening. Everyone needs the share to the last & best inch. No compromise. The District Judges can do perform no miracles by ending a partition case in a day or two. Simply, the partition “law” is for the benefit of common man. This is our own & main system of inheritance which you and I were inherited from our ancestors as a dowry disguised in the name of ” ancestral property”.
I understand, need not explain to you as I now know that you are not an ordinary.
Good Luck in your Appeal.
/
Sriya / October 6, 2016
[Edited out]
/