28 November, 2020

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As Soon As The PSC Report Is Made Available CJ Will Demonstrate Findings Are Incorrect And She Is Innocent – CJ’s Lawyers

By Colombo Telegraph

“She will as soon as the report of the Government Members of the Select Committee is made available respond to the findings, demonstrate that the findings are incorrect and she is innocent of the charges.” says Chief Justice’s lawyers.

Chief Justice’s lawyers issued a statement on behalf of her a short while ago. We publish below the full text of the statement;

Chief Justice

The media has quoted the Government Members of the Parliamentary Select Committee as having stated that they have found the Chief Justice Dr. Shirani Bandaranayake guilty of the 1st, 4th and 5th allegations in the impeachment motion while exonerating her of the 2nd and 3rd allegations.

The Chief Justice is yet to be issued a copy of the evidence and the findings of the Government Members of the Select Committee. It is understood that the Report was submitted just hours after the Government Members of the Select Committee concluded hearing witnesses.

As soon as she is furnished with the same the Chief Justice will respond to the report of the Government Members and to the ex-parte evidence which was given in her absence, without any notice being given to her and which was given devoid of cross-examination. The Chief Justice re-iterates that if the said witnesses were cross-examined by her counsel, she would have been able to demonstrate the untruthfulness of the evidence of the key witnesses hurriedly summoned.

The Chief Justice’s position is that the findings of the Government Parliamentarians in the Select Committee do not constitute a report of the Select Committee since the Opposition Members on the Select Committee had withdrawn from the proceedings and they were not given an opportunity to submit their observations.

The proceedings before the Government Members of the Select Committee are fundamentally flawed since the proceedings were unfair, conducted without a proper procedure being adopted, conducted without giving the Chief Justice an opportunity to cross-examine witnesses and without observing the rules of natural justice or the elementary standards of fairness. In fact after the Chief Justice was informed that only documentary evidence will be used at the inquiry, after the Chief Justice walked out of the Select Committee, the very next day sixteen witnesses were called and their evidence led without any notice to the Chief Justice and without making them available for cross-examination.

Yesterday’s observations made by Sri Lanka’s most eminent Judge and Jurist Dr. C.G. Weeramanthry, confirm the Chief Justice’s contention that she never received a fair or impartial hearing from the Government Members of the Select Committee.

It is noteworthy that even when evidence was led ex parte (that is, in the absence of the Chief Justice and her lawyers , in the absence of cross examination and in the absence of evidence being put forward by the Chief Justice) yet there was no evidence to justify allegations 2 and 3 which were made without supporting evidence and the question arises as to the basis in which 117 Members of the Parliament signed the impeachment motion putting forward the said charges.

The Government Members of the Parliamentary Select Committee have also stated that they will not even look in to the charges bearing numbers 6 to 14, although the Select Committee was mandated by the Speaker to look in to all charges including the said charges numbered 6 to 14.

The Chief Justice has at all times maintained that she is innocent of all charges which are baseless and framed purely with malicious intent. She has always stated that there is no evidence whatsoever in support of the charges framed against her. Her stance is now vindicated. It is hoped that suitable action would be taken against the aforesaid parties for framing charges against a sitting Chief Justice which could not even be maintained at an ex parte hearing.

She will as soon as the report of the Government Members of the Select Committee is made available respond to the findings, demonstrate that the findings are incorrect and she is innocent of the charges.

12th December 2012

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Latest comments

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    Govt in a checkmate situation.

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    The proceedings of the Select Committee are fundamentally flawed since the proceedings were unfair, conducted without a proper procedure being adopted, conducted without giving the Chief Justice an opportunity to cross-examine witnesses and without observing the rules of natural justice or the elementary standards of fairness. Most of all hundreds and hundreds of papers were thrown and asked to submit the reply within less than 24 hours. This happened Within the parlimentary complex under the instructions and with the blessings of the speaker. Are not they all big jokers? The whole world think we are uncivilsed tribal people. They were lucky that people like Sir John was not there , otherwise he would have kicket the lot to diyawanna oya.

    Who is responsibl for tarnishing the name of our dear country. Is
    it the speaker; The chairman of the committee or who?
    Why not impeach them.

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    The fact that the name of the country got tarnished is an understatement A few weeks ago a respected REV FATHER MENDIS IN A LETTER TO THE ISLAND SAID THAT THIS MEDAMULANA UNEDUCATED UNCIVILISED SHAMELESS THUG HAD DEVALUED EVERY SEGMENT OF VALUE BY CALLING ‘BALAI SEMA DEYAKMA’
    THE MOST DEPLORABLE IS HIS STYLE OF HIDING AND GETTING GOONS TO ACT.

    THE POSITION OF CHIEF JUSTICE IN A COUNTRY IS THE HIGHEST AND COUNTRIES THAT RESPECT THE RULE OF LAW TREAT THAT AS THE FOUNTAIN FROM WHERE GOOD ORDER FLOWS.ALL LOOK UP TO REDRESS FROM THIS SOURCE THE JUDICIARY AND HERE IS THE HEAD.
    EVEN IF AN INDIVIDUAL HAD NOT ACTED CORRECTLY THERE IS A DECENT WAY TO SET ABOUT MATTERS.
    WHAT RAJAPAKSE DID WAS TO HIDE AND GET HOOLIGANS LIKE DILAN AND GONWANSA TO INSULT HER WITHIN AND THE KUDU RAJA FORMER PEON TO ABUSE HER ON THE ROAD WITH PAID JOKERS.I HOPE THE SC WILL HAUL THESE CLOWNS BEFORE COURT SO THAT SUCH STUNTS WILL NEVER OCCUR AGAIN.
    SHAME NO ONE TRUSTS YOU RESTORE THE 17TH AMENDMENT AND MOVE OUT AS TWO TERMS RUINED THE COUNTRY WHERE VALUES GO.YES THERE IS INFRA STRUCTUE DEVELOPMENT ON BORROWED MONEY AND YOU ALSO DID A GOOD JOB WITH ELIMINATING TERRORISM BUT THIS IS NO LICENCE TO WORK TOWARDS A DYNASTIC RULE OR CONTINUE TO DEVALUE AS YOU ARE A SMALL MINDED THUG.

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    hello CT moderators/editors,

    Would you and/or someone who is in the know let me get this straight ?

    this is a media/press release by CJ’s lawyers, so it must be strictly within the procedures and good standing Cj wants to maintain.

    isn’t this an an utterly confusing and muddlehead response by her/ and her lawyers something clsoe to UNP official statement by its General Sec. ? Why do I say that?

    a) This statement says, “…As soon as she is furnished with the same the Chief Justice will respond to the report of the Government Members CJ will respond …

    CJ’s (correct) standing on the process that made this report was this was a flawed process and she wouldn’t participate in that process and through her lawyers she made a proposal to make a fair process?

    Why would so far clear headed CJ would say her thourgh her lawyers that she would respond to that report when president himself is talking through his hat about this report and the process.

    There is more than enough confusion on this with UNP sec. gen apparently on the orders of his party leadership has issued a “yanne koheda malle pol” statement contradicting himself.

    Doesn’t the silent majority, the people whom CJ said in a previous statement said is sovereign, deserve something better from than this at least from her and her lawyers?

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      Flawed or otherwise she has the right to answer her critics. Even a thug who accosts you and insults you on the road has to be given a fitting reply. PSC has no standing before law and that matter will be dealt with legally.

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        @safa

        thanks for the input. Yes, as you mention very clearly, PSC and what it did have no standing either legally or any other dimension. Since this impeachment process started CJ has been maintaining a very clear and correct standing. Through her lawyer’s, on previous occasions she made it very clear to what extent she’d respond and she communicated very clearly giving leadership to everyone (to the extent even semi retired judge weeramantry and govt supporting lawyer SL G agreed with her position) and that’s a high level of leadership which no one else has displayed.

        But here, when she tries to respond to the so called PSC report, is that consistent with her position? When she has earned enormous respect all round with her handling of the situation, would this step, (by committing herself to reply to PSC report when a very wide section of the people agree with her earlier communications that the impeachment process has no legal or procedural basis) add to that standing and trust among people or not?

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          Of course she has the option to remain silent. At the same time the Govt media is attacking and slandering her. HE the President goes around the country making speeches and comments, indirectly implying that she is guilty.

          Often silence is misconstrued to be acceptance of guilt. So once the actual substance of accusations are know, a reply would go a long way to clear the doubts created in the minds of the public. The trial itself is no longer a private affair.

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      As long as we have confused mindsets as this Ana Perera, they will never grasp facts. The obvious is that these are the types who were in support of this MR earlier, covering every misdeed, but now trying to damage control after MR has clearly displayed his ability or better described his inability and incapability. They are scared, the people will tend to understand the standard of Decency and Honesty the UNP leadership has strived to install in the social fabric of this country all along. Damn Humbugs all of them.

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    Madamulana thugs who have no proper education are ruining this country.This man became a lawyer since the examination was answered by another rouge who died few years back with amassing wealth and withdrawal of which led to the collapse of Golden key finance co.I don’t think any of these have passed their GCE advance level.

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    ana perera Get a Life!

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    What Safa says makes sense. I also think that the Chief Justice had wanted to file a fitting reply not as an imperative required by law but as a means of enlightening the public on the factual position. By the way, the lawyers should pursue action to prosecute all state media personnel and government MPs including “Kudu Raja” for insulting the Chief Justice.

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    She should not wait till the report is published.She should go on the offensive as time is of essence.The government is forced to wait one month due to the rules laid down.There is no rules like that for her.She should start to defend those two charges and go before the court of public opinion because that is what it will ultimately boil down to,the public opinion.Try to take it to the grassroots level.Try to bring out all the dirty linen of the government into the public arena.So instead of the government focused on her charges it will have to be defending her counter charges.

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