18 January, 2021

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Closely Linked To Gota, Justice Aluwihare Should Have Recused Himself From SC Appeal Case

Supreme Court Justice Buwaneka Aluwihare who headed the bench that postponed Gotabaya Rajapaksa’s corruption trial by two months yesterday (25) ensuring the proceedings will be taken up again only in the throes of a presidential election, was handpicked for legal work by the former Defence Secretary when he was a prosecutor at the Attorney General’s Department.

Justice Buvaneka Aluvihare

Questions are also being raised about how Justice Aluwihare decided that he could hear Rajapaksa’s appeal against the dismissal of a writ in the Court of Appeal when he was the first SC judge to recuse himself in the Fundamental Rights case filed by the former Defence Secretary seeking to prevent his arrest in the FCID investigation into the MiG deal.

But on Thursday Aluwihare also made a bench order preventing Rajapaksa’s trial where he is standing as the first accused from proceeding until October 1. The decision has stunned legal observers. The move was like former SC Justice Eva Wanasundera granting interim relief in Gotabaya Rajapaksa’s fundamental rights petition in the MiG case, before later recusing herself from hearing the matter, legal sources told Colombo Telegraph.

“If he cannot hear one matter concerning the same petitioner four years ago, how come he can hear a new one now?” the source questioned.

Investigations conducted by Colombo Telegraph has found that during his tenure as Secretary to the Ministry of Defence Gotabaya Rajapaksa made an unique arrangement for Aluvihare to work directly under his purview on terrorism financing issues.

Then Deputy Solicitor General Aluwihare whose work for the Defence Secretary allowed him to bypass the Attorney General and the Department, a privilege no state prosecutor had ever got before or since.

As DSG in 2011, Aluwihare was also the lead prosecutor in the white flag case against former Army Commander Sarath Fonseka, against whom the Rajapaksa administration conducted a carefully orchestrated witch-hunt. Controversial high court judge, Deepali Wijesundera now a justice of the Court of Appeal who was nominated as its president before the Constitutional Council vetoed her name three times, ruled against Fonseka in the case.

In 2013 still as DSG Aluwihare was also a member of the Sri Lankan Delegation to the UN Human Rights Council in Geneva, where the Rajapaksa regime had to be staunchly defended against growing international concern about its human rights record and war crimes committed during the final phase of the war.

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Latest comments

  • 65
    1

    The CJ has a lot to answer now. This verdict was very clearly a set up aided by the AG. It is judges like Buwaneka Aluwihare who sully the judiciary left, right and center. Of course he should have recused himself and now needs to answer why he did not do so. Btw why the heck can’t this war hero face up to this case like a “Man” without slithering into an abyss he is creating for himself? It has to be because he is guilty of robbing state funds to build that museum for his parents. People of this country who want him back as President must be depraved, warped and twisted. God! please save us from him.

    • 51
      1

      “Of course he should have recused himself”

      They only recuse themselves when an adverse decision is unavoidable …………. Fearing Gota’s White Vans

      If the decision is favourable ……….. they don’t recuse themselves ……… and gets into his good books

      I guess shame has left Lanka’s shores

      • 32
        1

        Nimal,
        Of course, he should have recused himself but the point is he didn’t! This is another example of how sociology interferes with justice: Personal relations trump justice. This is exactly what happened to poor Dr Shafi; the director of the hospital, the DIG and the district judge, all drink & dine together. This doesn’t mean that all the bureaucrats betray their responsibilities; certainly, there are excellent honest men & women who would never betray the trust. But, we must always expects to find some “black sheep”. This is more so in countries like SL where social relations play significant role in decision making & behavior. However, my understanding is that SL justice system was able to keep itself at a higher level for a long time until Sarath N Silva became the CJ. Then, MaRa regime destroyed what ever left of its dignity. Even though 2015 Gvt change gave the country renewed hope of recovery, MY 3 dashed some of the the hopes.

        As happens always, and according to the second law of thermodynamics as well, no system will stay in order by itself; rather we must keep working on it constantly!

    • 48
      1

      Sir,
      He has an authentic Sri Lankan Sinhalese name. Sounds lovely. What a shame such names are inherited by individuals with the lowest of the low integrity. With this kind of corrupt backscratching at the highest level of governance, we as a nation are beyond redemption.
      Cheers!
      PS: Did this guy RECUSE himself from HEARING Naga’s Car Permit case against criminally corrupt members of Parliament who have sold their permits in the open black market for millions?

    • 29
      2

      CT,

      The Rajapaksa Mafis has infiltrated the Justice system so deeply, and Aluvihare and the AG are clearly the moles. This needs to be added to the machinations of Killi of Maharaja organization .

      Sri Lanka , a Land like no other, rules by Corrupt Paras. Fortunately, still many decent Paras left to expose those Para crooks.

    • 14
      1

      Hi Craig! I fully agree with the sentence “This verdict was very clearly a set up aided by the AG.” Now for the AG to be a part of it will he act on his own or with the instructions/blessings from HE? The rest follows.

    • 16
      1

      Maharajah Networks Newsfirst is busy taking on the UN to protect the Rajapaksa Criminal Network from prosecution!! Why are they not exposing how the legal system is being subverted in order to protect these criminals…

      All they do is shout bond scam bond scam and stay silent about the Rajapaksa Criminal Network and their crimes being covered up and how the legal system is trying to protect them!?

      UN has exposed the corrupt legal system so Maharajah is taking them on too…

    • 4
      7

      There were two other judges on the panel who gave the same ruling.
      This is a case of sour grapes. Lol

  • 40
    2

    Dogs shitting on dogs.
    So corrupt and shameless the Srilankan Justice system. When one raised the just question of corruption of maintaining two sets of Law and order they jumps into denials and try to muzzle.
    This is SL a corrupt country which I’m ashamed of our LOW AND ODOUR WHICH STINKS OF SHIT…..

  • 34
    1

    There are no honest respectable Judges and Lawyers of whom you can trust in APEH Aanduwe.
    They’re all dogs eats shit.

  • 37
    1

    Do they all have the LOW degree similar to NAMAL LOWYER ? Sat for the exam behind doors and took the Oaths .
    Are they all corrupt Low Degree holding Dogs??

  • 23
    3

    I being a Sri Lankan national hereby propose to hand over my birth Country “SRI LANKA” To Japan.
    Please someone second it.
    Colombo Man

    • 12
      2

      I with great regret second it.

  • 51
    0

    The then President of the court of Appeal Justice Sriskandarajah delivered Judgement in the Shiranee Bandaranayake Impeachment issue when it came came up at the Appeal court.This judgement infuriated the Rajapakses so much that the vacancy on the Supreme Court was denied to Sriskandarajah.Normally, based on Seniority and the fact that he was already the President of the court of Appeal he was the person to be appointed. An independent Judge he paid the supreme price for his honesty and integrity!
    Aluwihare who was then a mere DSG and Junior to him was appointed instead by MaRa.
    Well Gota is reaping the whirlwind and it is payback time for Aluwihare!
    Do we have an Independent Judiciary? Gone are the days!
    Sriskandarajah died shortly afterwards, a broken man.

  • 32
    2

    Gota is following the Trump model and openly and arrogantly disregarding rules and regulations, and manipulating the system to favor him. Nothing good will come out of this.

    • 4
      12

      CHITRA: Let TRUMP win the election. Then all these crap will change.

    • 8
      1

      This is terrible. Aluwihare is supposed to be from a respectable family and have studied at a prestigious school. He is a shame to his family school and the whole justice system. He should make a public apology as he has wronged every citizen. We waited for years to see the set up of the special courts and cases of this nature to be expedited. We did not want Rajapakses to be treated like they treated Fonseka. We wanted proper litigation where they could explain their deeds. But when our justice system is getting hijacked by judges like aluwihare can someone explain what should we do as people of this country?

  • 25
    2

    …….AND they have the gall to say “Sri Lanka don’t need foreign judges to hear cases of human rights violations, where MR’s government, was accused of”.
    Shame on the Supreme Court judges, that are involved in corrupting the law and also shame on the other SC judges and the entire judiciary and the fraternity of legal bodies that have allowed this violation under their watch.

    Sri Lanka can now truly boast that they have ALL three organs of government CORRUPTED.

    • 5
      22

      The LTTE diaspora are still doing their bit for Eelam. Enjoy.

      • 6
        2

        Another July83 victim of my own shadow

        “The LTTE diaspora are still doing their bit for Eelam. Enjoy”

        The learned judge Buwaneka Aluwihare will not spare “blood, ….tears and sweat” while fighting the LTTE diaspora single handedly, in India, on the seas and oceans, with growing confidence and growing strength in the air, on the beaches, fields and in the streets, in the hills, at UNHRC, UN, …..

  • 27
    0

    Aluwihare is another “Sarath Nanda Silva” who knowingly gave a wrong verdict in the Helping Hambantota case.
    When we rid the nation of partisan “judges”, Ma Lanka will enjoy Justice where it really matters.

  • 2
    14

    Who are these so called “stunned”: legal observers ?

  • 4
    28

    Dear Author of this document,

    It would have been the best interest of the readers if you had identified yourself in penning this queer document of sorts.
    You challenge a Justice of of the SC of being biased( not in such direct words) but in a subtle way.

    What you need to learn is that , there are no soft boundaries in the justice system, thus it’s either “ney” or ” yeah”, as far as the judicial system is at focus.

    • 17
      1

      Why do you want to know the author’s name? Are BBC like media carry bylines of the author’s of their news stories?

  • 18
    0

    This is the fault of yahapalanaya idiots. When they came to power they forgot that rajapaksa allies are all over major parts o government and country. Also gota is a relative of ranil (bcoz of jr) so he protects him too.

  • 26
    2

    Are our Chief Justice and Minister of Law and Order – President Sirisena asleep? This is the quality and standard of Sri Lankan Judiciary. Its time we appoint foreign Judges to our panel of Judges.

    • 22
      1

      Hello Buddhist, You say that it is time we appoint foreign Judges. Why not go a step further in that correct direction. Let us appoint foreign administrators to run the country. See how quick the country turns the corner!

      • 15
        1

        They may do a better job. When a Canadian is the Governor of Bank of England, why not foreigners run our banana republic?

  • 3
    23

    When nothing else works resort to character assassination. .Desperate times call for desperate measures

  • 19
    2

    We have a Corrupt Executive, a Corrupt Legislature and a Corrupt Judiciary. No wonder Sri Lanka has become a Failed State. A Dictator as President would be the last nail on the coffin!

    • 7
      0

      I’ll second it only if China will permit it,
      Now you’re talking sense Mr. Thappu.
      The country was corrupt ever since independence. When D. S. Senanayake deprived the tea estate workers of their voting rights. It has been downhill ever since.
      The fact of the matter is; Do we have an Independent Judiciary? The answer is a resounding “NO,”

  • 24
    0

    Through experience, one feels a sense of dread every time someone from the AG’s Dept. is admitted to the Appeal Court or the Supreme Court. The problem is so conspicuous that I need not give any examples. It has to be faced squarely. One obvious reason is that the AG’s Dept. is so politicised and politicians like to promote those who willingly do political favours. Another possible reason should not be overlooked. Young persons who join the lower judiciary are frequently monolingual. They do not get an opportunity, or incentive, to learn to function in English, as they need to in the higher courts. One doesn’t know how they keep abreast of important judgments from around the world or master the arguments from classic cases of the past.
    I also suspect that those in the AG’s Dept. get better opportunities to study abroad and get more exposure, and in this regard, at least, are fitter for the higher courts. I think it is important that legal education should be in English, and the use of English in the lower courts should be encouraged.

    • 17
      0

      Rajan Hoole,
      I don’t agree with you that legal education should be in English instead of Suyabasa. It is those English educated Lawyers and judges and politicians are responsible for the complete failure of the not only Judiciary but also rule of law and governance. The Oxford studied SWRD is the one who brought Suyabasa and Sinhala only act. The great lawyer JR Jeyawardena is the one who marched to Kandy against Banda_Chelva Agreement. Mahinda Rajapakse is a English educated lawyer who destroyed judiciary and parliament with bribery. It is not about Education. It is about culture, power greediness that was accumulated over the 70 years which you or I can’t find a solution.
      When the October 2018 came to Suprememe court against Srisena the Supre court judges delivered verdict according to law books because Srisena is not dangerous and powerless. Mahasangha & Military was not in support of him. But in the case of Rajapakse, it is different. Mahasangha and Military are with them and if the judges deliver according to books, that is the end of judges.
      This is the reality.

      • 12
        0

        Ajith, It seems that Rajan Hoole had not thought it out well. He is both right and wrong. The country as a whole needs English.
        .
        It is the responsibility of the individual to get to ‘know’ English, to fare better in any field one wants to be in, be it Law, Medicine or even Farming and Politics

        • 6
          1

          Thappu,
          I agree that English education is important since this country. Suyabasa system killed English education, Suyabasa system should have been introduced systematically while keeping the importance of English education. All three languages should have given equal importance from the start at national level.

      • 1
        2

        “Culture” my arse.

        • 1
          0

          Tungsan Yu
          is it for sale?? Go to middle east, as it is illegal in China

  • 16
    0

    Just looking at this guy we see a very common face not distinguished at all. It is only natural that such men go behind dictators like Gota to jump the line in his career.

    A country must have distinguished and classy men as judges not some ordinary common bummers, hiding behind the judicial cloak to gain benefits.

    We can say people like Aluvihara gain everything, recognition, status, foreign trips, cars etc etc by becoming State Counsel and then judges. The profession gets nothing from people like him. If at all he makes the law look very common and cheap, just a method of gaining the favour of criminals like Gota.

  • 7
    1

    Rajan Hoole: Why only English? All these Public Servants (including the Judiciary) must be “Compelled” to study and acquire competency in Speaking & Writing both the “Official Languages” i.e. Sinhala & Tamil. If not they must not be allowed to remain in “Public Service”.

    • 2
      1

      Douglas

      Why only in English, Sinhala and Tamil, the way things are they should be proficient in Hindi and Mandarin?

  • 12
    0

    Oh my God. Oooh my God. What’s going on in this terrible country. All corruptions. Leaders corrupt, all politicians corrupt. All officials corrupt. Top to bottom in the judiciary corrupt. So all are nailing the last nail of the coffin of the country. All well and clearly know that this bugger is well fixed for stealing the poor people’s money to put up mausoleum for the dead parents. All those stolen money is now put to work to get him off the hooks with the help of high and greedy lawyers, and judges. Oh God, all over for Sri Lanka, and it’s on a stinking shit mountain. No salvation for it, and all going to end up in real hell, if forever things go on like this.

  • 15
    2

    Aluwihare Mala Vikara
    It is these Machiavellian judges who should be charged for contempt of court. They destroy the credibility of our judicial system and make us the laughing stock of the world, giving Oxygen to the diaspora animals with tails on deathbed.

    • 7
      4

      Ajay

      Now you know why we asked for separation,go through it what we have been gone through.be proud of your 2500 yr history with Gunarasa

  • 6
    0

    When Presidential candidate Nagananda Kodituwakku declared his objective of sacking all of the Judiciary and Parliament, I was shocked. Now I have no problem in accepting his intention. I believe he adds the corollary, that having “cleared the deck” men of clear integrity and competence will be returned. Picking the few grains from the chaff. If NK is able to find out who the recipients of the 38 or so Top Models of “Jaguars” imported during the Rajapakse regime were , the Judge BA situation will be fairly clear.

  • 3
    0

    This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2

  • 6
    0

    Shameless, disgraceful puppet of a judge has no principles and should step down. Can this bastard be brought before the CC for firing. Shitheads like this must not be allowed anywhere near the courts.

  • 6
    0

    Will any other accused get this kind of preferential treatment. Ranjan Ramanayake is correct to some extent

  • 2
    0

    This case and many others confirm the dire need to have the Judiciary of Srilanka thoroughly sanitized by getting all the sitting judges to voluntarily resign and reappointing/reinstating only the suitable ones without loss of benefits.

  • 8
    0

    For any profession or even a nation to do well it needs uncommon and exceptional people. Looks like our judiciary has become a place for very common and cheap chaps, playing politics .

    In appearance they look just like peons

  • 2
    0

    So much of filth and excreta heaped all over Lanka. So many to grab and sling at one another in the whole Island. YET NOT ONE FAITHFUL SON / DAUGHTER IS BORN TO CLEAN , CARE AND LOVE THE MOTHER SRI LANKA.

    What good HAS the free education done , if not one single soul is created that would salvage than watching all this in silence ?

  • 2
    0

    Native Vedda: Why not “MAGADA” , the language Gauthama Buddha used in his teachings. Then we could clearly see the hypocrisy of “Saffron Clothed” who claim to be the “Custodians” of that great teaching. Added to that would be “PALI”. Even “VEDI BASAWA” of Native Vedda could be useful, as the Chief of that Tribe is considering to contest the Presidential election. My vote to Native Vedda, because I wan”t know what he says, only what he does. and that I believe is the best way to know our President. Don’t listen, but see and experience the doings.

  • 2
    0

    Do we have such 3rd class SC judges in SriLanka who are not principle centred, with such low pedigree; Insult to the family Clan

  • 1
    0

    Do we have such 3rd class SC judges in SriLanka who are not principle centred, with such low pedigree; Insult to the family Clan

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