22 September, 2017

Bond Scam: Minister Marapana’s Lawyer Brother Says Aloysius Shouldn’t Take The Stand

Gamini Marapana PC, the lawyer representing Arjun Aloysius said today that he has advised his client not to testify before the Bond Commission.

Raising objections to the summoning of Aloysius, Marapana said that his client would be “self incriminating himself,” if he took the stand.

Marapana is the brother of current Foreign Minister Thilak Marapana who was forced to resign earlier following his conflict of interest with regard to the Avant Garde case.

Marapana is a close associate of Ranil Wickremesinghe and the cabal which perpetrated the scam.

Citing cases and the Presidential Commission Act, Marapana said that it was an established norm in Criminal Law that no accused will give witness against himself.

He further said that an accused does not need to provide documents which would incriminate himself, referring to the phone and laptops taken out of Aloysius’ possession.

However, Acting Solicitor General Dappula De Livera in response said that the Commission was one set to find fact and that no witness is an “accused”. He said that no person has been incriminated and as such criminal law principles do not apply in the Commissions proceedings.

Referring to the mandate and the warrant from which the Commission derives legality, De Livera said that it was clear that the Commission was not created to investigate persons – but an incident.

He said that the “wrongdoers must be identified”. He further said that the Act is very clear on the powers and functions of the Commission and as such Aloysius must be called to “ascertain the truth”.

He said both Arjun Aloysius and Arjuna Mahendran must be called to tell the country about the “robbery“.

De Livera taking a visible swipe at the fees the lawyers must be paid, twice said that Marapana “has justified his presence, although what he said has no relevance”.

De Livera said the “country wants both of them on the stand. This is matter of national importance and he must take the stand”.

The Commission said it will deliver an order on Wednesday. Marapana said that in the event the order was given against him, Aloysius should be given time to appeal.

Aloysius was served summons to appear before the Commission to testify on Wednesday.

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Latest comments

  • 14
    2

    Delaying tactics to buy time to cover tracks…

    • 7
      2

      This is not right. Gamini Marapana should not have been allowed to represent Aloysius. He is the brother of Tilak Marapana, a powerful UNP Minister who resigned from his first ministerial portfolio in 2015 due to persistent corruption allegations followed by guilty conscience. This is conflict of interest. A potential legal conflict of interest is obvious. The PCoI should not have allowed happen this to happen. The possibility of subversion of the Rule of the Law is imminent.

      • 7
        1

        “….Marapana said that it was an established norm in Criminal Law that no accused will give witness against himself….”

        Bollocks! PCoI has a right to disclose the truth. This is no ordinary Commission and the matter in front of them to investigate is of national importance as it involves government institutions and the Central Bank, the heart of Sri Lanka’s economy. When all information is nicely falling into their places and as enough evidence is emerging to bring charges against Aloysius, there is of no use for him to conceal vital facts of the case which will help to disclose the names of other actors.

        On a legal point of view, if Marapana wants Aloysius to hide behind “self-incrimination rights”, then he should quote the relevant Amendment of the Constitution. The Right Against Self-incrimination is a Constitutional Right where not only Aloysius but all other citizens have a right to plead. There is no such Clause in Sri Lanka’s Constitution. Even if there is, it is still debatable which will not give a blanket protection to a criminal as in this case, as there are many other evidences that endorse his highest level of culpability in Central Bank Bond scam.

        Lastly, even if our Constitution spells out the Right Against Self-incrimination, Aloysius can plead that right only at a Criminal Trial. He can’t claim the Right Against Self-incrimination before a Presidential Commission.

        This is the only Presidential Commission that received overwhelming accolades from the public. They are super efficient and so far maintained their impartiality. Their incomparable competent in disclosing true facts of the Bond scam where even COPE was also failed is praiseworthy. Acting Solicitor General Dappula de Livera’s artful navigation through treacherous waters is much noted and long remembered. I hope the PCoI will bring a historical conclusion.

      • 16
        1

        Ranil Wickramasinghe must go, Ranil must be impeached. He is protecting and backing the 2 corrupt Marapana brothers, Tilak and Gamini, to block the Bond Scam investigation and the Avant Guard investigation.
        Ranil made Tilak Marapona Foreign Minister to block the Avant Guard investigation which privatized a State security company of the Navy at the behest of foreign interests.
        What has happened to the Avant Guard investigation?
        Marapana is implicated in privatizing a Sri lankan navy security company with Gotabaya Rajapakse, a US citizen, to benefit foreign security interests after being threatened with war crimes allegations. It is wheels within bloody wheels!
        The piper who call the tune is the deep state of the Empire of which Ranil Wickramasinghe visits for health checks, while his economic hit men who are privatizing and selling all state assets of Sri lanka are dancing to their Fake experts and Economic Hit men!

        • 0
          0

          Is Ranil seeing the path of Political Exit? . The same people who gave counselling in 2001 are again with Ranil.

  • 19
    2

    Both Marapone brothers are’not-pot’ mercenaries. Talks in a very Sri-Lanakn way, full of’ machangs’ – ‘gahumu machang gahamu’ types.

    Tilak disgraced the office of the Attorney General by playing UNP politics. Gamini thinks he is smart because he has made himself close to MR , who has absolutly no principles. So we have covered both sides Machang.

    That such chaps are considered top lawyers shows what kind of a society we live in

  • 8
    8

    When can we see Gota and MR taking the stand

    • 4
      3

      T.S.
      And Sampanthan on aiding and abetting terrorism.
      Soma

  • 17
    2

    One brother represents Arjun Aloysius while the other brother represented Avant Garde. Whole country now knows who protects the corrupt.

  • 12
    1

    The title ‘PC’ it’s not ‘Police Constable….’ it’s President’s Counsel (postnominal PC) is an eminent lawyer who is appointed by the President of Sri Lanka to be one of the “President’s Counsel learned in the law”. But, what PCs think that they are superior in all aspects and talk by their mouth than brain. In the smaller version of the Courts, even the Judges fear them.
    That’s why Gamini Marapana PC, the lawyer representing Arjun Aloysius has said in the Commission that he has advised his client not to testify before the Bond Commission.
    They should be dealt thoroughly by the commission with out any fear for the PC or his minister brother.

    • 1
      0

      OMP cannot be established because if a missing person’s information revealed, the perpetrator is identified, then, the Old Royal side had claimed that he/she may be sued away and beyond OMP. So Lankawe Chitantam has won not to form the Missing Persons Office.

      If Aloysious witnessing on the commission is used against him on the Central Bank Robbery case, will the commission take responsibility for that?

      Is the Gamini Marapana is going ask on the appeal to judge to issue order to the commission not to release the information other than their fact find?

    • 9
      0

      Well, the fella marapana talks like a drunk police constable, i.e. talks crap!

  • 17
    0

    Tilak Marapana may now need to resign as the Justice Minister since this is a clear conflict of interest. Tilak cannot be in charge of the AG’s department while its conducting an investigation of the bond scam while his brother is brother is defending the main culprit. RW manipulating things at his best.
    Only in Paradise

    • 0
      0

      Pls read news . T marapana is not the justice minister but the foreign minister

  • 6
    0

    I am pretty sure, thilak Marapana, the new foreign minister should be of conflict of interest.

  • 5
    0

    Rajiv.

    Tilak Marapona is Minister of Foreign Affairs not Justice.
    The two brothers invariably find themselves close to those in Power,even though those in Power remain on opposite sides of the political divide on paper.
    It was TM who persuaded President D.B.Wijetunga to STAY ACTION ON SARATH.N.SILVA.The rest is History. GM at one time entertained ideas to become President BASL. He sought favour from Mrs.B. and failed.It appears it is not eminence at the Bar that has propelled the two brothers but political patronage!
    There have been many instances in the past where brothers were eminent Counsel like E.B. and E.G. WICKRAMANAYAKE Q.C. and of course two Jayewardena brothers both uncles of JRJ who were leading Silks of the day,during the colonial era where one does not become eminent with political patronage!

    • 2
      0

      Plato,
      My mistake. Yes, TM is the Minister of Foreign Affairs and not Justice. I believe he was the Justice Minister before he quit the first time.

  • 3
    0

    “Marapana said that it was an established norm in Criminal Law that no accused will give witness (sic) against himself.”
    Then how is it that confessions made to the police (even under torture) are admissible in a court of law?

  • 8
    0

    They are worried that Ranil will have to get into Jumpers………………….soon.

    • 2
      0

      Ranil may wear jumpers. But “Is Ranil going to wear Jumpers?” is an important development to determine if Old King Going to wear his Pajamas and start to relax on UN Electric Recliner. They both not really independent events.

      Ranil’s one is capable of deciding whether Ranil has to honor his promise of the Jan, 8th night,2015 to protect Old King at any cost to Country.

    • 0
      0

      Yeah. Definitely! Do they get the striped variety and a cloth cap.

  • 2
    0

    Can smell the Bond-deal waffle. May smell good but do not gorge. Indigestion will follow!

  • 6
    0

    He is well known to achieve his goals either By hook or crook. The machiavellian leader’s final objective is to fulfill his father’s dream; Be the ultimate decision maker or “KING” of Sri Lanka. It was apparent to him after observing the last few presidential election campaigns, that it will require an enormous amount of resources especially “Money” to be the president. So as usual, he schemed inside the closets many days with college buddies and equally corrupt businessmen of the country. 1) CB bond scam , 2) Expressway contracts and hidden humongous commissions , 3) Selling national assets and hidden humongous commissions were all part and parcel of of his strategy. So my dear readers, this pretentious buddhist (born as a christian) will never cease until he achieve his goal and fulfill his father’s dream. If you expect any result out of the ongoing inquiries, you are sadly mistaken.

  • 4
    0

    wihout aloysius it will be like having a party without the birthday boy.Marapana must be mad.

  • 2
    0

    Now this is something very interesting for a person ignorant of law. An accused cannot be cross examined in our law?
    Can someone please clarify?
    Soma

    • 1
      0

      First this is still in the inquiry stage front of a commission. In a court any one other than the President could could be called and cross examined. In the US one can take the 5th and not answer if one thinks he can incriminate himself.

    • 1
      0

      somass Ji

      Haven’t you heard of taking the fifth in the US? You are a real ignorant?

      Sri Lankan war criminals continue to justify every bit of atrocities that were committed by the forces, citing American war crimes elsewhere? Why not the US precedent in law?

  • 2
    0

    This is not a criminal trial. It is a commission. It does not have the powers to punish. So, what is this bullshit about self-incrimination. The fellow should be in a magistrates court standing trial for robbery. Why is a pickpocket who steals a purse with 100 rupees before the courts and this guy who is alleged to have stolen billions of public money not in remand prison and not before the criminal courts? Clever dicks like Marapona are making arguments so that crooks can escape. The ultimate court are the people. The politicians in Sri Lanka are crooks, beginning with our Presidents and Prime Ministers-Chandrika, Rajapakse and My3. They should be tried in criminal courts for robbers and war crimes. For the JVP killings, killing Tamils and killing journalists.

  • 0
    0

    Why are all these idiots blame the lawyer?
    Hei simlly doing his job for the right price?
    Ofcourse noone can force anyone to give evidence to incriminate himself.
    But in this argument, isn’t there an admission of guilt?

  • 0
    0

    The Prevailing our legal system has given certain loop pools to be block give evidences.
    How can that culprits and rouges non committed that given an evidences even before PC is under an investigation of CB bonds scam ?
    Can they object to summons to key ACCUSEAS for give an Evidences of the Perpetual Treasures’ Lawyer before—PC ? Is that on what ground of legal point the by that AGs request denied by PC Judges ?
    This will undoubtedly harm and undermined whole set up of that ongoing PC proceedings against crime committed by Perpetual Treasures ?
    See that Bond Scam of CB by new starting point of working life of political power that covered an operation by UNP key leaders are behind in ILLICIT CONVERSION of PC into limbo?
    The Bond scam of CB that biggest financial crime committed of public funds by current UNP core leadership are behind Ranil Wick ,Malik Samarwickrma, Ravi K… and Kabir Husan of ISIS ideologies in join hand with CB ex-Governor that UNP s are engaged of that foul paly behind the BAR?
    Such political power behind state against Judiciary inquires and that undermined whole rule of law in Island by working hypothesis of LAW by blessing of core leaders of UNP?
    Therefrom is nothing else that is FALLACY OF ILLICIT OF IMPORTANCE OF RULE OF LAW dismantle by current UNP core leadership?

  • 0
    0

    Marapana has taken over the case to protect the UNP! It is very unfortunate if we the public are not informed of the Parliamentarians who were involved in the scam to at least ensure that they will not get elected in the next election! We have to send all those who were involved to jail! Justice delayed is justice denied!

  • 1
    0

    Marapanes are UNPeers ……… Secondly they are Money Chasers……….Just imagine how much Dosh the Senior would have collected from Anate Garde to give up even a Ministerial Job in Yahapalanaya, where they get LKR 34 Million Santhosam to start with……….Now the Junior is well poised to even better it………But what I like is it is the Yhapalana suckers ‘ Dosh ………. And it is not Arjun Mahendran’s or or SIL Aussie Aloysious …….. It is all poor Srilankans ‘ EPF………My Elders asked me why I am happy……… I told them, although it is EPF of the great majority of our Sinhala Buddhist Dalits. the Government has to pay it back to the EPF……. And it has to come from Yahapalana Suckers who pay Tax………And our great majority of the inhabitants do not……….

  • 0
    0

    Sumane.
    The elder brother is Gamini and Tilak is the younger.

    • 0
      0

      Plato……He has come straight in to a Gold Mine from retirement……No wonder…..

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