20 October, 2017

Appeal Court Dismisses Appeal By Raviraj’s Wife

The Court of Appeal today dismissed an appeal against the recent verdict delivered by the Colombo High Court in the assassination case of TNA MP Nadaraja Raviraj.

Raviraj

Raviraj

The appeal was filed by the victim’s wife Shashikala Raviraj after the Colombo High Court in December acquitted all five suspects involved in the murder case. Citing reasons for dismissing the appeal, the court said today that it was dismissing the appeal because the plaintiffs were not present in court.

In January, the Attorney General also made an appeal to the Appeal Court against the judgement by the Colombo High Court, and sought a retrial into the murder case of the Parliamentarian, who was shot dead in November 2006 in Colombo.

In December last year, the Colombo High Court acquitted all five suspects including three former intelligence officers of the Sri Lanka Navy. The decision was received with vehement opposition with even Ministers in the government condemning the court decision and also questioning the independence of the country’s judiciary. Many who voiced their disappointment over the court ruling questioned if the trial was fair, taking into consideration that the members of the special jury, the judge and even the suspects were all Sinhalese while only the victim was Tamil.

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  • 28
    1

    This is how the criminals will be protected as expected…

    This is what will happen with all the Rajapaksas criminal network cases…

    Who is the “Game of Shape” (cover up) network!?

    Why are they covering up for this Rajapaksa criminal network!?

    Hope they are all added to the International criminal watch list and brought before International law if Sri Lankan law won’t deal with them…

    • 7
      1

      This is why we need international lawyers and Judges…
      We have a bunch of crooks who want to protect the Rajapaksas I the legal system too…

  • 13
    1

    Shashikala Raviraj

    RE: Appeal Court Dismisses Appeal By Raviraj’s Wife

    “The Court of Appeal today dismissed an appeal against the recent verdict delivered by the Colombo High Court in the assassination case of TNA MP Nadaraja Raviraj.”

    No surprise here.

    There is a saying in Sinhala, ” Baduth Hamuduriwoge, Badiuth Hamuduruwoge” , that says that the Stolen goods are in possession of the Judge and the Trial also belongs to the Judge.

    Replace, Judge with Sinhala. You get the idea.

    Ask, the Turncoat, Traitor, Gona, Mala-Perthaya and Sevalaya for his comments or opinion.

  • 6
    1

    Isn’t the reason for not appearing by the plaintiff is that AG has too appealed for a retrial and it has more chance of succeeding? Please comment if it is not the case, interested to know.

    • 2
      1

      The media is not clear with the news – it is for sensationalization, (media in which events and topics in news stories and pieces are overhyped to present biased impressions on events, which may cause a manipulation to the truth of a story). Elsewhere this news reads as follows:-

      ……….”Meanwhile, lawyers for the Raviraj family filed a motion in the Court of Appeal yesterday, requesting that the appeal be relisted for support next week once the case record from the High Court was tendered to court.
      Attorney-at-Law Moahan Balendra, appearing for Sasikala Raviraj, filed the motion petitioning the court to relist the matter and moved to support this application on 24, 25 or 26 January.
      The legal firm Sinnadurai Sundaralingam and Balendra are appearing on behalf of Sasikala Raviraj, while senior lawyer M.A. Sumanthiran is lead counsel on the case. Sumanthiran will support the application for appeal next week, if the judges agree to relist the case.
      Lawyers for Sasikala Raviraj said they had filed the motion within the 14-day window for appeal of the verdict but informed court at the time of filing that the case record from the High Court which held the jury trial into the murder was not yet ready.”……………

    • 6
      0

      The discussion of chances of getting a retrial can clarify the possibilities of the future outcome if there is any legal system inside. UNHRC, NGOs and international Jurists recognize there is none.

      Even if there is a retrial, acquittal of the criminals is guaranteed. Further Plaintiff’s lawyer Sumanthiran wants who ordered the Murder. Order came from Old Royals, so that call will necessitate granting impunity to the actual rigger pullers a must.

      The original case’s Judge forced the case go through Sinhala Jury to satisfy the government. This is the verdict everyone up to EP wants.

      Government has convinced others to thinking the acquittal is not government’s impunity but, just normal defect in jury system.

      But, EP fired the Bribery Commission Director to stop investigating into Old Royal’s crimes.

      Further, PM Ranil is refusing to sign ICC accord and he is the one demanded UNSG Ban-ki-Moon to give up UN involvement in Old Royals’ war crime investigation. He holds an opinion Old Royals are patriotic scarificers; need protection from all governments to come.

      Nobody in government wants the Old Royals hurt.

      The problems government faced by this verdict was March 2017 UNHRC sitting there it plan to convince UNHRC to give up the resolution asking for foreign lawyers’ and judges’ inclusion. Further, they fear that verdict may make for EU’s GSP+ observers to be too alert. So they need a short term cover up until till these hurdles are safely passed.

      AG’s appeal is to ensure short term additional cover up so the long term impunity verdict can have (earlier verdict) Chance to survive. Young tree need a fence; once rooted well no need for fence.

      Other stars’ murders (Lasantha, Thejudeen,…..) faces the same impunity blockades.

      AG’s appeal is not a legal process, but a political drama.

    • 7
      0

      It said the AG’s appeal cannot go ahead as he is asking to reverse a Jury verdict. If AG is successful, this would end up as bad precedent for jury verdicts. So, just for a murder of a Tamil, Sinhala AG is not planning to bring the Jury system completely. That is why it a drama from AG.

      AG may challenge the Jury composition as biased as the victim was Tamil. But they had covered it as “Sinhala Speaking Jury, not as Sinhala Jury”. So that side cannot proceed a lot.

      If AG’s political drama misfires and bring back the case as Trial ut- bar, no Sinhala Jury, the presiding Sinhala Judge is going to let the criminals walk out safe. That he/she will possibly do after two or three years, when the international concerns and nervousness around this case are settled down.

      One time, American Ambassador Robert Blake was showing personal interest in few murder cases suspected of committed by government. One of them is this case. That is how Udugama commission of this case was watched by IIGEP. Government pulled the wool on the eyes of the IIGEP and they resigned. Now no foreign diplomats are showing personal interest, but NGOs and UNHRC, EU’s GSP+ committee are presumed to be watching.

      For the last 70 years, in cases like Tamil Victim- Sinhala Criminals, the Sinhala, CIDs and prosecution always build loopholes to the defense lawyers to knock the case out. Here Old Royals, who are perceived the most patriotic of the land, are the accused. No Hope.

      Sinhala government, Sinhala criminals, Sinhala court system, Sinhala AG, Sinhala CIDS, Sinhala Prosecutors, Sinhala Defense lawyers, Sinhala Judge – Tamil victim and Tamil lawyers for plaintiff! Nothing better is to be expected out of that what came out already.

    • 5
      0

      Common analysis will reveal that putting too much on AG’s process is not worth to do. Under this government, all famous cases against Old Royals are stalled in the courts, at the investigation level, yet to take into consideration……

      Mylanthanai massacre was brought all the way to Colombo and accused were acquitted by Sinhala Jury. The Tamil Judge Sri Skantharaja, who was murdered in CJ Shirani Bandaranayake’s Dismissal/Impeachment, asked Jury to reconsider verdict as the case was proved by all means. They refused. That AG refused to appeal citing the Jury verdict.

      Same verdict by Sinhala Jury on Journalist Sivaram murder. No appeal by that AG.

      Last July(same AG), Kumarapuram Massacre case was taken to 130 miles away from Massacre and accused were acquitted with Sinhala Jury. There the case about 35 victims, multiple rapes and murders. With DNA, rape cases are easy to prove. AG did not act on that. This time AG appealing a jury verdict.

      Former Eastern CM, a Tamil was accused of supplying hitmen to government in murdering Pararajasingham MP on the Christmas Eve during the Mass. As per media, he accepted supplying hitmen to murder current high profile Government personalities for Old Royals. Now to suppress that information spilling out, he is kept in prison without filing the case. Further Yahapalanaya government allowed Old Royals to meet him the prison. If Ex CM Sivanesathurai going to be used as government witness, prosecution should have blocked defendant meeting the witness in the prison. This AG did not protest that meeting. Now the same AG dancing is because for the UNHRC’s March 2017 sitting.
      Justice Sriskandarajah was murdered for giving judgement in favor of dismissed CJ Shirani Bandaranayake. This is how the current Justice is fine tuned to act on Government’s impunity side.

  • 6
    0

    Let’s hope that these suspects are tried properly, and that there will be a conviction or acquittal which is based on the evidence that is presented, and doesn’t depend on ethnicity. If this is not established as the norm in Sri Lankan courts then it is inevitable that foreign judges will be forced on us – (let’s be realistic) – at least in high profile cases of this sort.

    Nowhere in the world can we expect anything much better. When an insignificant guy suffers at the hands of hoodlums rarely will justice get done. Also, the case must be properly presented; in this case Sasikala appears to be as determined as Hirunika was.

    Quite apart from the ideal need to ensure justice for all, whatever I have read points to Raviraj being better than the run-of-the-mill politician.

  • 8
    1

    Justice must be done.

  • 2
    2

    TNA has to be blamed. They boast they have best lawyers with them. Unfortunately TNA MP’s were busy in disposing their duty free cars and invest that money. They gave totally forgotten the family of their fallen comrade and eagerly waiting for invitation for Diaspora to fly. They are also in the business of politics and not interested in representing people.

  • 3
    1

    This is a blatant case of racism and cronyism exemplified not only by the legal machinery but also by the My3 Ranil combo. In any other country in a similar situation with such a high profile case the executive would have ensured the trail to be an exhibition of the impartiality to be demonstrated to the world. As so much of world opinion is to be determined by the process and the outcome. Our jokers at the top have no insight and neither do their advisers.
    So the merry go round goes a full turn and we are back to the same battles.

  • 0
    1

    Not turning up for the hearing was most unprofessional of the lawyer.
    He could have arranged for someone to stand in for him on the day.
    The client should have been advised better by the lawyer or at least others among her friends who know the game called the Judicial System.
    Why did they make it easy for the system to get away with it, and then come up with excuses?

    • 2
      1

      Lawyers right away re-appealed, as per the media. In fact that news had appeared before this news appeared in CT. If it was by mistake they didn’t attend, that is now over.

      This case is not stand alone.

      It is connected with Old Royals corruptions, war crime, the New Royals elections.

  • 3
    0

    In a previous comment of mine on the same subject, I elaborated why a Jury acquittal would be difficult to appeal. I understand now that in England this is possible only on grounds of allegations with proof of witness tampering or jury tampering. What surprises me is that the wife as an agrieved party petitions the Court for revision but the counsel chooses to be absent resulting in the most natural dismissal of appeal. What prevented the wife to support her case? The AG was represented in that hearing. Why did he not say that he too either has appealed or intends to appeal and as such any dismissal of wife’s petition should not have bearing of his petition to Appeal?

    I humbly appeal to the world at large, not play with the life of Raviraj. What has he and his body guard done to anybody to deserve cruelty. In my mind, the simply exhausting of all avenues to bring justice to this murder is amounts to aiding the crime it self.

    • 1
      1

      The Plaintiff lawyers did not go to court. I did not see it explained in any media. But they re-appealed.

      If they had believed that AG will bring justice through having a jury verdict overturned, they should have withdrawn the appeal instead of being absent. If there was a mistake in the conduct of the jury, the best party to appeal is Plaintiff. They might have been the one watching closely what was going wrong. Prosecution has no vengeance against accused, but would like to see the justice served. Here, why the AG appealing blocking the plaintiff? Or if they have a point on the misconduct of the jury why didn’t they bring it to Judge on the first observance of it. Plaintiff party had complained to judge about the jury on different aspect but he was iron fisted.

      The only point left for AG seeming is the judge allowed the verdict to be given after midnight. I don’t know if that is that serious to overturn the verdict, other than the appeal court simply censure the lower court judge.

      • 0
        0

        When the President if the country says he will not let anyone bring in Ranaviruwos (in thus case intelligence officers turned murderers) to court…what more can we expect from the jury or even the courts….Bring in foreign judges…if not voluntarily Luke Figi force it upon SL ….badu saha nadu hamaduruwange…

        I gave no faith in our justice system…coz it took 32 years for a land case…no judgment was given…both parties came to a settlement..Why do we need such a court system?

  • 0
    2

    Appeal Court verdict is perfectly correct.

    Is better TNA has to realized to Not that an Intervention of court Independence by their political Goal of Separatism by Federalism from Judiciary.

    The upheld of Verdict by Appeal Court that has given more confidence of Rule of Law ,which is irrespective ethnic roots and divisions.

  • 0
    0

    All Tamils, specially the so called people claiming to represent Tamil People in Parliament on Tamil Votes must understand that justice will be never given to minorities, if the accused is any one other than from their own community. These comments are made after six decades of personal observation. It is not going to happen in the future too. One exception was Chrishanthi’s rape and murder case. which was a Trial-at-bar. So minority citizens must develop their mind set, to accept this situation and pardon as soon the crime is committed even by a fellow community member by not going to Police. This will allow them to lead a peaceful life and save their savings. How many among us are prepared to give evidence if a criminal act is committed in front of us.

  • 2
    0

    Typical justice system in Sri Lanka!

    Since the 1950s, thousands of Tamils have been murdered by the Sri Lankan state but yet not a single person has been held accountable for the crimes.

  • 3
    0

    This is like when all white juries in the American South almost always acquitted whites accused of murdering blacks despite highly incriminating evidence.

  • 2
    0

    This is the level to which our utterly crooked judges of the court of appeal stooped to and got away with it. What may I ask is the standard of accountability? Deepali Wijesundara is a Rajpkashe appointed hack who was openly rewarded a car for her guilty verdict in the Sarath Fonseka case by Mahinda. They called this case without any warning accept to the defendants lawyer who then asked for dismissal. Even Kakille wont cook up such dastardly judgements. What are the leaders of our country doing. This level of impotence cannot be tolerated. And then we make grand claims of not needing foreign judges.

  • 0
    0

    Verdict of Apple court is not that an issue of Minority of Tamils.

    The verdict of Appeal court depend on circumstance evidence of time of assignation.

    In certain verdicts of courts are not in fervour of Tamil they always rise issue of Tamils are minority; that is baseless and groundless by their line of thinking.

    I believed that Justice must be fair for everybody, while that is Fair Play by all enforcement authorities of organ of State power and their power tools.

    In this case court played very Fair Justice to all families of victims. By and large do not challenges to verdicts of court also not Fair. They must respect law and order of country.
    That role of nation politics of TNA.

    It will leads to out of court settlements by verdicts of Terrorism that will undermined National Democracy by politics of very foundation norms of existence of democracy.

    Minority has many access to Judiciary, Executive and Legislative than any bourgeois Democracy country in world –Sri Lanka.

    The Tamils minority leaders are go beyond that want seek Separatism and Tamil Eealm by gun rule polities of terrorism.

    Raviraj killed was by products of LTTE -Terrorism !

    Such politics Tamil Terrorism that cannot be address by Courts of Justice or Court of apple.

    Democracy’s is motto of our politics of People.

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