22 May, 2019

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Baseless Accusations Against Our Sister Shirani, We Wanted To Invest In Our Motherland – CJ’s Sister And BIL

By Renuka Bandaranayake and Kapila Karunaratna

We have been made aware that certain individuals and factions have been perpetrating malicious and false rumours about us in Sri Lanka. The implication of these false accusations and insinuations, especially in the light of the impeachment motion brought unto Dr. Shirani Bandaranayake, is that, the apartment at Trillium Residencies was not bought by two of us and later that the funds used to purchase our apartment in Sri Lanka was ill-gotten.

Kapila Karunaratna

We have been working professionals in Australia/Canada for over 22 years and in that time; we have worked in varying capacities but predominantly in senior managerial positions. We are hard pressedand perplexed at the inference that we, being employed by respectable and international organizations would be unable to afford an apartment in Sri Lanka. For over two decades, we have functioned as qualified senior engineers/ Managers in Australia and Canada.

Considering the unfounded and blatantly inaccurate rumours being spread, we believe it is the opportune time to set the record straight.

In relation to Kapila; he is a qualified charted professional mining engineer, with an MSc in Mining Engineering from Russia and an MBA from Australia. He is also a member of the Australian Institute of Company Directors, the Institution of Engineers Australia and the Australian Institute of Mining & Metallurgy. He is a respected professional in the Australian mining community (the only Sri Lankanmigrant and non-westerner to manage “Superpit”, Australia’s largest open pit goldmine, itsoperation far outweighs any other mining centre in Australia.); He also worked as the Senior Technical Manager at Barrick Corporation Canada, the world largest gold producer.

He is currently a Board Director at Crosslands Resources Ltd (Western Australia) and Okajee Port and Rail Pty Ltd. (Western Australia) respectively. He is also the General Manager Technical at Mitsubishi Development Pty Ltd. He has previously held numerous senior mining positions in both Australia andCanada.

In relation to Renuka, a mechanical engineer and a graduate of the Moratuwa University, Sri Lanka.

She is the incumbent Regional Capital Manager of Newmont Mining Corporation, Asia Pacific.Moreover, she is one of the few Sri Lankan female migrants in the mining industry to have reachedsuch a position.

She has previously held positions in the capacity of a Senior Advisor – Project Management and Project Controls Manager – Newmont Mining Corporation and as a Project Superintendent – Managing Project group in Kalgoorlie Consolidated Gold Mines respectively.

We migrated to Australia in 1990 leaving all our assets behind in Sri Lanka and throughout the past 22 years have worked hard to garner our reputations and wealth. What is saddening and bitter at this unfortunate time is the fact that, individuals with malicious motives are instilling lies and propagating hate and doubt in relation to our hard earned living.

Furthermore, it was our goal to one day enjoy our retirement in Sri Lanka with our family and thus the reason for the purchase of an apartment. As Sri Lankan’s, we feel a calling towards our motherland and we believe that no matter how distant Sri Lankan’s will be from their motherland that one day they find their way back home. We wanted to invest in the country that we both belong to and live peacefully during our twilight years.

Whilst we are appalled at the baseless accusations levelled against Dr. Shirani Bandaranayake and us, it is imperative that justice prevails and thus our intention with this statement to portray the truth.

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    Recently His Excelency President Rajapaksa told Venezuela President Hugo Chavez to obtain services of a Sri Lankan doctor. But our Excellency has gone twice to United States for medical treatment, one last year and the other one month ago.

    I have a suggestion. We should not only publicise the services of our doctors but also our legal luminaries. The first export to UK should be Lord Justice Anura Priyadarshana Yapa, Justice Wimal Weerawansa, Justice Rajitha Senarathna, Justice Dilan Perera, Justice Susil Premajayantha, Justice Nimal Siripala de Silva and Justice Neomal Perera.

    These learned judges can help Prime Minister, David Cameron get rid of his opponents in double quick time by serving as members of a new House of Commons Select Committee. Then our doctors in jurisprudence (include thuggery, use of foul langugage, intimidation and tall talk) can go to United States to help Barrack Obama.

    Foreget about the Rajapaksas and the Shirani Bandaranayakes. An entire Sri Lankan nation is being screwed, screwed well and truly. Who cares and who will care?

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      hurra
      good suggestion, WE VOTE FOR THAT,

      BUT I DOUBT JUSTICE HIWAL MODAWANSA.

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    Patriot’s comments about the changing of hands of Celestial Towers needs to be studied more closely. The 45-storey super-structure – owned by Lalith Kotelawala’s business interests – stopped construction work, when it was nearing completion, when Lalith K’s pet GKCCC crashed with an estimated Rs.28 billion entrusted to him by the public on fiduciary conditions. The Construction work stopped and most of the expatriate Chinese-Singapore workers left. However, during early 2012 there was a hive of activity there giving rise to rumours sources within the Royal Family have acquired majority interests, as usual under proxy, with a Singapore based company support. There was a soft-opening graced by one of the Royal trio sometime during August 2012.

    There is also an effort to use Colombo Municipality resources to extend the Marine Drive roadway from the Kollupitiya Rail Station Junction to Galle Face to open a further entrance-exit to the super-structure complex – in addition to the Galle Road frontage. The grapevine has it the price paid is lower by Rs.3 billion of the actual value. Who paid the money, who are the owners, where did the purchase funds come and how a huge asset of bankrupt Lalith K, ordered by Courts to be frozen in the interest of GFCCC depositors, changed hands will prove interesting reading.

    Senguttuvan

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    Villager – Thank you. I read your comments. But still I am not convinced that your assertion that the purchase (by anyone) of the housing units of the properties to be disposed as decided by the Court Order dated 06 May 2010 has been carried out wrongly and in that the CJ could be found guilty. My opinion in this regard:

    (1) These properties have beem exempted from the Fundamental Rights Case filed by the Depositors and authorized for sale. Therefore any one or persons could buy the housing units put out for sale.
    (2) The Court order of 06May 2010 has authorized the Watawal Committee to make all arrangements to sell the properties and secure the highest prices available in the market. So it is very clear that this Watawala Committee is the legally authorized body to dispose the housing units.
    (3) Whether Watawal Committee has follwed the Courts’ instructions or not is a matter for that court to decide.
    (4) If any buyer has not carried out due care to safeguard his/her interests, and secure property rights is a matter entirely in the hands of the buyer. That too is a matter for the Courts to decide upon any complaint by the Depositors of the Fundamental Rights case. We need not advise( as you have taken upon that responsibility) CJ or any other buyer how and why he/she shoud have acted in the transaction to secure his/her rights and safeguard legal entitlements.
    (5) In actual fact, this purchase of the housing unit that was under investigation by the PSC was neither purchased by the CJ nor through the Power of Attorney bearing No. 823 of Public Notary K.B.Aroshi Perera.
    (6) The fact that CJ and her spouse visited the housing units to inspect/or even negotiate the deals is entirely private and outside the perview of her capacity as the CJ or the Chairman of the NSB. There is no legal “bar”for them to buy any property in Sri Lanka that have been authorized for sale. What rights you and I or even a PSC have to find them “guilty” for doing that?
    (7) The “oral evidence” of MR. Ratnayake in granting a “discount” to CJ must be made a subject of “cross examination” and proved beyond doubt. If this procedure is allowed any PSC in future could summon anyone and obtain some “statement” and find anyone under investigation “guilty”. Is that what we want in Sri Lanka? Why we think of only the present CJ and allow such a procedure to be established as a “precdent”?
    (8) Has the PSC summoned the Watawala Committee to get oral/documentary evidence as regards the sale of the proprty? If that was done, at least Mr. Ratnayake’s statement of giving a “discount” could have been verified.
    (9) In regard to obtaining “permission” to sell the housing units in this property, it is interesting note that asale has been done on 12-05-2912 to former Chief Justice J.A.N.de Silva and his daughter R.K.I.de Silva Balapatabendi. Have they sought Court permisssion or as a matter of fact this Watawala Committee informed the Courts?

    Please note that this Watawala Committe has been paid “MILLIONS” as their fees so far.

    Dear Villager ” This is argued in the above way,purely on matters of priciples and not to defend CJ. It is CJ’s business to defend and not our case.

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      douglas,
      We are not talking about any Jack pursuing to purchase an ordinary property here. It’s a property that is in the list of an interim order by SC and the Chief Justice is the appointed attorney for the buyer.

      What must be noted is; the same chief justice has discarded the chairman for 3 1/2 years of the bench that issued afore said and many more interim orders to complicated case but an end was in sight. Then
      the CJ had appointed herself as the chairman of a new bench that constitute the same number of judges when it was referred to her on a request by a petition to increase the judges to five. In effect the CJ has given the case a restart with her act. Is it to cover up her follies or illegal deal people should decide.

      Justice Shirani Thilakewardena had said at PSC that the case was about to be concluded and to pay up 65% of the money to all depositors when it was taken out of her hand. You can read it all and more in her evidence in the PSC report, a part of which is there in ‘Silumina’ today.

      The PSC is not a court; it’s only a committee to inquire charges listed in the impeachment of the CJ and report it to parliament. The PSC was formulated as per constitution and standing orders and had followed precedence. So, hair splitting arguments like the ones you have raised in your reply to me and elsewhere by all and sundry CJ backers are good to lawyers who grab money and drag cases in court houses. This enquiry is nothing like of the sort.

      So, to say that one is arguing purely on matter of principle and not to defend CJ has become the vogue in the circle of NGOs and their pay masters and that unholy alliance of ‘ali, koti, rathu’ that backed SF. It is not acceptable to ordinary mass. Besides they do not like black coats. I wrote that this is not Pakistan when they started their parades and coconut smashing.

      It is clear that each of the unholy alliance follow different road-maps but all strive to knock off MR and this government for their own ends. The CJ had become a willing pawn or idol of this unholy alliance.

      She is acting different to all the CJs who faced impeachment before. She has become a political animal now. Do you want to retain a political CJ?

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    Villager: In para(9) on my comment the date should be 15-05-2012 and not 15-05-2912. I regret the error. Thanks

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    What happened to close to 16 racing cars imported DUTY AND TAX FREE with a fake Racing car event to hoodwink the public to get down duty free. What they do with those cars now…….after the race.

    Who gave Namal Rajapakse Rs:100 Million Foreign currency to import them……and now evade Rs: 220 million TAX due to country………

    So why President go after mere sprats…..when he has BIG SHARKS UNDER HIS POCKET.

    Therefore People have to decide themselves the country’s future….and the CJ impeachment shoud open to that pathway.

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    fernando’s ..

    This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy
    http://colombotelegraph.com/comments-policy/

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    Dear Villager: I am very disappointed with the way you have replied my 9 points raised in regard to the purchase of property “ALLOWED TO BE SOLED” by the very court presided by Justice Mrs. Thilakawardane.

    Sorry to see that you too joining the “Band” to trumpet the “NGO”,”AlI-KOTI”, “RATHU”, “SF” slogans in discussing this issue of national importance. This trend has been developed by the “goons” who are affliated to the Govt. Media units and other “vultures” preying on the Governmental Authorities. Please be aware that this is also another “Escape Route” taken by the authorities who have messed up the day to day administration. These goons have traped the “Higher Ups” with these type of slogans and clouded the issues in such a way to “go for the kill”. They will cetainly do it. No doubt about it.

    It was also suprising having read your CV, the path you took in discussing the facts brought out by me. I expected you to be much more mature and refrain from this “slogan” type relpies to issues raised.

    Anyway,I respect your freedom to do what you please and decide and good luck. Before departing I wish to state that I am NOT in the payroll of any NGO or Govt. Bashing Group’. My only concern is for “Good Governance” to avoid all undue problems arising from within and outside and continue with the development of the country.

    Thank you.

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    Mr Douglas, admitting that there is “Development in the Country” is pleasing.

    This is an exception to the rest, which he apty names ” Govt Bashing Group”

    There is not only development, but real development where it matters most and that is the development in the Villages where 75 percent of our inhabitants live.

    All we want is Sumana’s, Menikes, Latifas and Letchamis to get ahead in life and see that their children also get get a mobile phone and up load their photos on the Facebook, like the kids of our rich cousins local and overseas do. .

    Do the other members of this Bashing Group care about the Economic wellbeing and welfare of the Villagers?.

    Not according to their postings here and their Masters actions local and overseas.

    In contrast to Mr Douglas, his associates even predict Armageddon as early as next year.

    It surely can’t be a Fiscal one,!

    These high income ,high life associates of this “Group” are more interested only in the “Human Rights” of the CJ and her rich BIL, Messers Premachandran Sambandan,Co,and the local agents of the NGO’s who want a freehand to do what ever as they like, regardless of the consequences to the Economy ,Safety of the populace,and , Peace and Harmony in the society.

    Western Nations where most of this Group are domiciled, have safety nets,which are at,least 1/3 of the average income of their rich economies.

    Take that out and see how these people will react, looking at what is happening in the heart of Europe.

    Wait until our inhabitants can have a safety net of at least that amount or close to it before you guys want more for FUTA, Hultsdorf, CJ and the rest.and not forgetting the PM of Tamil Eelaam.

    What can the opposition offer to this great majority who were suppresed and marginalized all along under British and British worshipping rulers.

    My New Year wishes are extra 8% to the GDP,extra USD 300 to per capita and a drop of couple of notches to the unemployment rate.

    Happy New Year.

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    After working abroad for 22 years investing Rs 32 Mn is not a big deal. Even in Sri Lanka an Senior Manager or Executive can earn over 1 Mn a year. Mining trade is a speciality where the risk factor and returns are very high and no doubt a professional can earn a tidy amount. A house is considered an investment and every Sri Lankan living abroad yearns to come back and retire in his homeland. Power of Attorney for a sibling is not a rarity either.

    So it is surprising some of the comments even suggesting money laundering. It just shows how low people are being paid here. Even after working his whole life time here people cannot save anything and die as paupers. No wonder when the VVIP’s, Ministers, MP’s and there kith and kin are playing out the country to the tune of BILLIONS.

    The Defence Ministry is to spend some 289 Bn next year. Of 230 billion rupees allocated to defense last year, 203 billion or 88 percent was to be spent on salaries, food and uniforms according to the President. Even if a soldier is paid 30,000 per month, 300,000 would accout for only 108 Bn. Say 10,000 officers paid 100,000 a month comes to 12 Bn. Then what is happening to the balance 110 Bn? Now next year the budget goes up by 60 Bn? No audit no accountability. Now this is what corruption is about not buying a condo for 32 Mn with ones hard earned money.

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      Safa,you have nailed it well and good.
      yes, mining is one of the most paid after jobs in Australia and around Perth, not surprisingly a new rich lady who have earned like 20B USD in few years from minding and claimed to be the richest woman in the world.

      Sri Lanka is going through the drain with this regime and there is no hope for the next 15 yrs and Rajapaksas will ruin this country and no light at the end of the tunnel.

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    It’s very Interesting to note how out of topic a person can go to hate someone but one must always stick to the point. As someone who lived in Australia all my life I have a question , why did they get CJ. Involves in this business of buying a house? – if not very expensive to come down here to for the task or even directory send funds? also didn’t those siblings have their own accounts in SL to send money to?

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      I think these details are the personal choice of a person, what he does, how he pays, why he didnt travel etc. He is not bound to explain these to any person.

      Normally people abroad on along stint do not operate any accounts or hold large sums here due to the weakness of the rupee and the changing policies of the Govt ie it is better to hold your money in a strong stable currency or investment where it will appreciate.

      If you transfer your money to your own account you will still have to fly here to operate unless it is a joint ac. It is not advisable to carry equivalent of 32 Mn in currency when flying. So the better option is to transfer to your family member with POA to handle the transaction.

      All this is just our perceptions and conjecture. They do not constitute a crime of misbehaviour.

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    Thankful to the villeger who really had smelled the pure scent and humanity yet prevailed in country side. the villegers are not packed up with hatred against any body and are still human and broad minded.
    The impeachment now in issue had been brought in totally as a result of the fault in CJ’s side who has come from a villege but forgot the past and hit the ladder. One must remember that present CJ has requested the President to made her CJ while the former AG was also in the list to be appointed to the post of CJ. The CJ being very ingratitude to the President had started this fight with him.
    I will give a breif detail of what happened for the sake of people who do not know the history of the insident.
    All the problems were started with CJ’s husband’s mis behaviour.
    When the SRi Lanka Insurance was taken over by the Government Supreme Court wanted the Chiarman and other directors were appointed with the approval of SC. So the names of the Directors and Chairman were proposed to Supreme Court. Four names were proposed for the post of Chairman. Among four names CJ’s husband Pradeep Kariyawasam’s name was there. At that time Shirani Bandaranayaka was in the superem court. Very starngly her husband’s name was approved. After he became the chairman he started
    [Edited out]
    His last thing was the Finance Company deal which almost lost 29 B to the NSB. One must remember rajapaksh regiem did not do any thing at leaset to complain to police. JVP MP Anura Kumara Dissanayake and Dr Harsh Silva took up this fraud in parliament. Then JVP Sunil watagal AAL and others lodged a compailnt at Commission of Bribary and Corruption.
    This is where the conflict started. CJ got angry as the government did not do anything to stop prosecuting CJ’s husband.She thought to teach a lesson to the government. When Government was having views of several government organs relating to 2012 Budget. CJ was called as the head of Judicial Service Commission to get her views relating to allocation of funds to the Judiciary. Then CJ took an upper hand and wanted Lalith Weeratunga to send a note. With the said letter CJ did an unwanted thing by publishing a media release to the effect that there is an interferance by the government which CJ could not have substantiated.
    When this conflict was in the media some bankers had secretly send CJ’s several dealings to the government. One might argue that it is against the banks secrecy. To those who so arguing must know that under “public Policy” a bank can divulge any dealings of its customer. When the government came to know that CJ has done such secret dealings and her being the head of Judicial Service Commission who has control over the judge hearing her husband’s case and has the control over the case by CJ what else can one expect from a democratically elected government to do?
    So the government rightly impeached CJ on several counts under the present constitution.It is sorry to see that CJ is still hanging on without resigning as Prabhakaran did at the final lap of the bloody war.Prabakaran expected that he would be rescued by western elements . The CJ also waiting the Western to rescue her. The President fought the war very diplomaticlly without scummbing to vested Western interest. So CJ also will have to face the sins that she had commited.

    @Noble Sri Lankan, part of this comment was removed by a moderator because we cannot publish those allegations against CJ’s husband without any proof.

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      You are anything but noble by making false allegations and pandering to the dictates of Rajapakse. All the top appointments are approved by Rajapakse and made on his behest, wether it be the cabinet, judiciary, mp’s, chairmen of corporations etc Therefore it is his responsibility to see that suitable people are appointed without conflict of interest. Appointing people to get his work done is not acceptable.

      Why dont you talk about all the other unsuitable appointments and conflict of interest situations created by Rajapakse. What about his brothers in law heading BOC and Sri Lankan? What about the appointement of former CJ as an adviser? What about the appointment of the Chairman of the SEC?

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        Safa Let’s be realistic. Our Constitution has procedures for impeachment of CJ, President, Commissioner of Elections ect. The present government has adopted the procedure laid down in the Constitution. The appointment of Shirani Bandaranayake as A Supreme Court Judge was a grave mistake done by Chandrika as Shirani B did not have ever practiced as a lawyer. That was the very reason we objected to her appointment at that time. Very senior lawyers were against the appointment so we knew that she is not suitable for the post. The President would have in good faith appointed Shirani B as the CJ But it is not correct her to do any act which would tantamount to a mis-behavior. If there were no bad conducts of CJ the Government would not have impeached her. What I submit is that CJ would have acted very resposibly without leaving the Government to impeach her.
        It is not the appointment of her is bad but what she had done is unbecoming of a Judge in our Apex court.

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    Jayantha,

    Recently a Professional from outside the political spectrum – Mario Monty – took Italy out of bankruptcy after regime after regime were
    deeply involved in robbing and corruption. I agree with you what we
    need is the Govt to be taken over by a group of technocrats. The country must be saved from the set of thieves and semi-literates going about as Ministers. In fact a few years ago I gave a list of prominent
    Sri Lankans – some of them able and established administrators.
    But this will not succeed in an environment dominated by leaders who tell the country and the world “apey minissu api balaganna oney ne?”
    Your father and grand-father may collapse hearing this method of governance that has no room for such silly things as ARs and FRs.

    I note your family has a Coconut industry background. I owned a 40-acre Estate at Badalgama that I was forced to sell because of the
    pogrom against the Tamils. My two children used to love their week-end
    visits to the place that had coconuts, a little paddy and a poultry-farm.

    Happy New Year.

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      Senguttuvan,

      Thank you for your comments. Yes I feel so sorry to see the state of all those tea,coconut and rubber estates after appropriating by the Madam Bandaranaike era, now left to idle due to no incentives given for them to re-plant. Those tea and rubber trees are way passed their life, but no propre manure or weed removal been carried out due to higher marginal costs.
      I think the Politicians have a fear of individual private enterpreneurs flurish, thinking they may be a threat to their Political survival….which is absurd and hurt the economy. But they don’t care as long as they could hold onto power.
      Infact while the govt. don’t allow lower class to improve their economic lives,at the same time govt. use all the incentives given to them as a political ploy for their vote.
      Recent appropriation of UNP supporters companies like Lalith K, Daya Gamage and Jayawardenas businesses are few of them.
      Now the whole economy is run by MARA,GOTA,BARA COMPANY.
      As long as these political thugs and muts rule there will never be any improvements both in economy, politocal and communal lives.

      It’s time to get rid of these Blood sucking Leeches in this New Year.

      Happy New Year.

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    Can you please explain me how fundametal right application to the suprem court can grant relief to the depositors/petitioners ?

    where such a provisons exit ?

    where suprem court has power to make such interim reliefs in law ?

    We/Srilanka have only around 60 billion currency notes issued

    How any bank pay 30 billion currency notes to the depositors

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