18 September, 2020

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Colombo Additional Magistrate Thilina Gamage Suspended For Possessing An Elephant Without License

The Judicial Service Commission on Friday suspended Colombo Additional Magistrate Thilina Gamage for allegedly possessing an elephant without a license.

Thilina Gamage

Thilina Gamage

However, Gamage’s lawyer, senior counsel Nevil Abeyrathne, claimed that Gamage had bought the elephant from a person called ‘Yatawara’ while denying that his client possessed an elephant without a license.

Early this week, Colombo’s Chief Magistrate Gihan Pilapitiya ordered Gamage to appear before the CID on May 25, 2016 and give a statement over his alleged possession of an elephant without a license.

The Attorney General had instructed the CID to name Gamage as a suspect and take steps to produce him in Court for allegedly possessing a baby elephant without a license.

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  • 1
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    Colombo Additional Magistrate Thilina Gamage

    RE: Colombo Additional Magistrate Thilina Gamage Suspended For Possessing An Elephant Without License

    “The Judicial Service Commission on Friday suspended Colombo Additional Magistrate Thilina Gamage for allegedly possessing an elephant without a license.”

    Do you have a license for

    a) a Wife?

    b) a Mistress?

    c) Young Boys?

    Just curious.

    • 2
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      Hope all caged and tamed elephants will be released on this Vesak day.

      We are a hypocritical society!!!

  • 13
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    Does some foul smell come out of this case? It is reported here that the AG instructed the CID to name Mr. Thilina Gamage as a “suspect” and produce him in courts. Did that happen? If that happened, Mr. Thilina would have been “arrested” as a “suspect” and probably bailed out. That is what happened to Rev. Uduwe Dhammaloka Thero. Why this case is “differently” treated? Here, the Judge orders him to make a statement to CID on May 25th. Shouldn’t it be the other way around. First the CID, as instructed by the AG, asks him to call over and make a statement and on the strength of the facts, he would be arrested and produced in Courts as a “suspect”. We know,he was asked to come to CID to record a statement; but he did not go saying that he was not “well”. Then suddenly how did the Colombo Magistrate Mr. Pilapitiya call the case and orders him to make a statement.The only way that could have happened was the CID to report that Mr. Thilina Gamage is “refusing” to answer the “call” of CID. Did the CID and the AG go to courts on on that basis? Was the AG represented in courts? If present why he did not object to calling a case by the Magistrate of his own accord? Did anyone give “instructions” to call the case? There are many questions and perhaps someone in this forum could educate us on some aspects I have raised here. Anyway after diverting attention further into the “intricacies” involved in this “mystery” (to me), I would reserve my comments at this moment. But certainly come back, because this is a very “critical” matter as far as the country’s whole Judiciary and it’s functioning are concerned.

    • 6
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      Yahapalanaya can’t clean up the entire corrupt mess left behind in January 2015 in 12 months. It will take years to do so. The areas I mean are the crooked Judiciary, Police, Govt Administration etc. Patience is needed at this crucial juncture.

    • 2
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      Douglas ,

      The reason may be , had Thilina Gamage been arrested , it would have undermined the Sri lankan Judiciary . prior to any dramatical move , he was suspended. remember justice Sarath Abrew’s rape case , he voluntarily retiring prior to the commencement of the trial.

    • 0
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      Mr.Douglas I don’t know if you live in SL or outside here of course unwritten rule is “One Law for the Lion one Law for the Lamb” having noted that I give you following examples.How come former President Chief of Staff still roams free when he was accused of misuse of millions public money?a former MP (monitoring) accused of misusing fleet of vehicles,money frauds have MSD body guards was seen with President Maithiripala in Galle same stage?Using forged passport& birth certificate former housing minister still at parliament?Despite court order to arrest how come thajudeen accursed still at large? how come former First Lady [siriliya saviya A/c} was given opportunity give a statement at Speakers resident(misuse of public property & official policy,aiding & abetting suppress criminal offense)etc.these are cases in Lions.
      A court Sergent was caught taking bribe of Rs.500 in Jaffna court premises he was immediately arrested was remanded.Poor Sergent offence he committed in value is peanuts when compared above offences.”I DONT KNOW WHY EHEMA WEENE AYE “BECAUSE THIS IS SRI LANKA LAND LIKE NO OTHERS

      • 0
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        Citizen Silva you are asking AYI mehema wanne the reply is this a comedy country comedy people and comedy police and the judiciary. So you cant expect any thing correct.Righteousness, truthfulness had left this land long ago.

  • 16
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    Wild life should be allowed to live in their natural environments and capturing them to ‘tame’ them and force them to live in unnatural environs should be BANNED.

    All ‘true’ Buddhists who understand ‘suffering’ should understand this.

    Priests who confine elephants to their temple premises obviously have a major problem with ‘desire’!

    • 4
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      /Wild life should be allowed to live in their natural environments/

      Who allowed Rajapakses to move from wild south Medamulana to Colombo?

      • 0
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        If Rajapakses did not move from wild south Medamulana to Colombo probably you could be six feet under blown up by a LTTE bomb. Ungrateful ‘hethikaraya’. Get lost!

    • 2
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      “All ‘true’ Buddhists who understand ‘suffering’ should understand this”

      Show me a single true Buddhist in our thrice blessed country. All are rogues, liars, backstabbers, cheats, frauds and so forth. None is a true Buddhist.

      Because we do not have a single “true Buddhist” (sic) in Sri Lanka the poor elephants have to suffer.

  • 4
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    Poor Dhammaloka Thero was arrested and sent to Welikada for 7 days as punishment for feeding and looking after an orphan baby elephant.

    This Magistrate who borrowed his mate’s baby Elephant is only suspended.

    No wonder our Prez Bodhi Sira said the other day that he was going to instil Buddhist Justice and Buddhist Law to make us good Yahapalana citizens,

    That sermon was after appointing and big Priest at Asgiriya and presenting him the the Sannasa.( I guess it is the license )..

    I know there is Sharia , but never heard of Buddhist Law until Bodhi Sira pulled it out..

    • 4
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      KASmaalam KA Sumanasekera

      Hindians have already sent their Indian Air Force C-17 Globemaster heavy transport aircraft to deliver some relief materials for the flood victims.

      Their two Naval ships, one Naval Off Shore Patrol (NOPV) INS Sunayna and one survey ship INS Sutlej, are being sent to Colombo from Southern Naval Command in Kochi.

      Is it another parrippu drop? Is it another invasion?

      Aren’t you going to fight the Hindians

      on the seas and oceans,
      in the air, and defend our Island, whatever the cost may be,
      on the beaches,
      on the landing grounds,
      in the fields and in the streets,
      in the hills;
      never surrender?

    • 5
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      Dear Sumane,

      “Poor Dhammaloka Thero was arrested and sent to Welikada for 7 days as punishment for feeding and looking after an orphan baby elephant.”

      This Dhammaloka is not so innocent. Nor is he a buddhist monk. Despite wearing a robe.

      He is a lyin’ baby elephant smuggler. He managed to conduct his sordid affairs under radar for so long.

      Firstly, by deceiving stupid people with his fake buddhist credentials, fake smile & relatively good looks.

      Secondly by currying favour with corrupt bigwigs of the defeated Hambantota criminal regime.

      Cheers!

      • 1
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        Ben ,

        This Uduwe bloke is another con man disguising as a monk . Initially he was siding with CBK for his own personnel gains ;thus, indulged in many undesirable acts . when MR came to power , as expected he jumped on board and continued to engaged in what he was good at . Mr Uduwe is a down right lier and a big time cheat.

  • 4
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    Sumane, I have never before heard of anything called Buddhist Law. The Buddha preached the Dhamma.Not Law. If there is any fucking law by that name will some body please give me the names of those law books?I would like to study them and see if I can become a Buddha Lawyer!

  • 1
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    Some sources say that This was taken up suddenly after many months in order to sweep Sirisena’s Bastardized Child’s alimony claim under the rug. Because this Hon. Magistrate was to take up the trial in the near future and to avoid DNA test being carried out.

  • 1
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    UNP lost licence of Elephant by broken promised 2015 January and 2015 August 17 after increased VAT 15 not that vat 69, prices of all goods and services.

    Is that we are having any room to call “Big Elephants” to summons to Court of Law? by broken promised last two elections?
    Can we call leading elephant of Primer to the courts of Law ?

    Political elephants are above court of law! Or rule of law!

  • 1
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    Douglas.

    Very valid questions!
    The Judicial Services Commission [JSC] has jumped the gun and sent him on compulsory leave.Is it to save face?

  • 2
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    What is the ‘prestige’ in owning an elephant or elephant teeth (tusks)?
    A layman may desire such possession, but, a monk and a judicial officer?
    This magistrate does not deserve to continue in service, after breaking the law which he had sworn to enforce/uphold.

  • 5
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    Can you believe that in this Country we have people who abandon elephant calves like kittens and puppies in temples? That’s what the Buddhist Priest says! How true can it be?

  • 6
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    Some information is coming to light. When the case was taken up by the Magistrate Pilapitiya, CID informed courts that the AG’s representative assigned was not available and requested a postponement. That request was set aside and the case was taken for hearing. Accordingly, the Magistrate continuing to hear the case ordered the “suspect” to make a statement to the CID on 25th May. Now the “suspect” has informed through his lawyer that he is unable to make it on the stipulated date, but would call over on 27th. It is also interesting note that in a previous occasion this suspect visited elephant orphanage and had an argument with the employees there and on that occasion he pulled a pistol and threatened them. There is a complaint pending action on that matter. That was while he was a sitting and functioning as a Judge. Now only on 18th May he has been suspended by the Judicial Service Commission as he is named a “suspect” in keeping an elephant without a license. It has also come light that this “suspect” evaded the call of the CID not only once, but on several occasions. Just imagine what the CID would have done if that was the behavior of a poor villager like a Loku Appuhamy or a Podi Singho, who is suspected to have been keeping an item which does not belong to him but came into possession illegally. Isn’t it much more than the case of Loku Appuhamy or Podi Singho of keeping an elephant, by a Magistrate, without acquiring it legally by way of a license? This “SUSPECT” seems to be enjoying some unspecified “privileges” to prevent arrest as a “Suspect” answerable to a “CRIME”. How does he “enjoy” these privileges and immunity from being subjected to abide by the Law of land? It could be suspected that Mr. Thilina Gamage has the “backing” of very high profiled and authoritative person or persons to evade arrest as a suspect in a crime. So no wonder that our Judiciary and the personnel involved in it’s functioning are rated “Incompetent”, “Untrustworthy” and “Unbiased” to uphold the SANCTITY of Law and Order. Now we understand why the International community in various world organizations demand that Geneva Resolution must be investigated by foreign personnel participation and such observers. Oh! to what low levels this country has been and been dragged by both the previous and present Governments.

    • 0
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      Douglas,
      Most magistrates oblige the police by promptly remanding ‘suspects’ brought by them.
      Police in turn oblige magistrates, in various situations.
      This, I know, personally.

    • 2
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      With a Minister of Justice like we have, what chance does ‘Justice’ have in Sri Lanka?

      Doesn’t speak well for our ‘leaders’ whose reputations (caused by appointments of friends and family members) are already on a downward spiral with little chance of recovery!

    • 0
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      Sometime back former Supreme Court Judge now suspended for rape lived few blocks away from my house.I have often seen he send police guards to buy papers & grocery if policemen don’t do it they get reprimanded or hammered.This person was accused of hammering Policeman at randomly who guards his residence(Mt. Lavinia police will vouch for that).This Judge wielded so much power he once stopped Municipal Council laying concrete on the road putting all the people who used in to misery.I wouldn’t say all Judges are like that for example former Parliament Secretary General who was also Ex- High Court Judge kept very low profile during his tenure as Judge even with our cousins I know for sure.Sadly from the highest person in the land to Grama Sevaka standards & qualities had gone so law during previous regime it was well known secret MR had habit of hammering person who don’t obey him.Long list includes former minister mervyn,former IGP Balasooriya,former M.P. Pabha (Upeksha swarnamali),Bus Gemunu etc.It appears tradition still going on not hammering but abusing the power.

  • 1
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    Douglas.

    Well said!
    Encore!

  • 1
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    Another very interesting and an noteworthy development in this case can now be reported. The “Magistrate” Mr. Pilapitiya has now directed the Wild Life Department to hand over all those elephants taken into custody back to all those who held them illegally on placing a “BOND” of Rs.10 million. This means, hereafter, if anyone come into possession any property, illegally and that does not belong to him/her must be given back, on placing a “Bond”. All the Lawyers and the people must make a note of this NEW LAW added to the law books of the country. We must really “Nominate” this “Magistrate” for an “International Recognition” and an “Award”. We are fast completing the undone portion of the “Miracle of Asia” and marching towards “Miracle of the World”. Let us all be “Cheer Leaders” in this forward march.

  • 0
    0

    As the production in this Case is a piece of living being, a baby and on compassionate grounds it could have been held now under conditionality such as a “bond”, than use the same yardstick say for 40 Kgs. of looted gold, circulated among a family? These things must
    happen in SL so that Law & Order is upgraded only with foreign assistance!

  • 1
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    Punchinileme: I think you missed my point. Whether it is “animate” or “inanimate”, a property taken into possession by illegal means must not be restored back to the same person even with a “Bond”. It creates a very bad precedent in law and reduces the gravity and the culpability of the crime committed. In this particular decision, all those elephants taken into custody are in good hands and care of the Wild Life Department and stationed at Pinnawala elephant orphanage. In fact, for your information, both the Wild Life Dept, and the CID objected to the release of the elephants to the very persons who held them illegally; but the Judge for some unknown reason made this “hysterical” decision. Yes, you are correct in saying Law and must be upgraded with foreign assistance in view of what is going on, viz. the type of “Interference” going on in the field of Judiciary and its functioning.

  • 0
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    Douglas.
    Punchinilame.

    I asked my wife what she thought of this whole issue.

    She opines that in this month and day of Wesak,this baby elephant should be released to its natural Habitat.Wesak,after all,is the Birth,Enlightenment[Nirvana] and Death[Parinirvana] of the Buddha.

  • 7
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    1. A very good Magistrate [former Magistrate Magistrate’s Court Maligakanda] was immediately sent home [not interdicted or sent on compulsory leave with all the facilities to enjoy a jolly good holiday like it has happened in the present context]for just making an order to donate some books and pencils to a charity in Colombo instead of a fine against an accused who had been charged for a small criminal offense.

    2. A very good Judge of the High Court [Kegalle] was immediately sent home [not interdicted with pay and facilities] by a fax when he was hearing a case on bench for taking actions against a driver [of a former member of the JSC]who disturbed the ongoing trial by honking and aggressively driving and parking in front of the open court sessions.

    3. A very good Magistrate was immediately sent home [ with no salary nothing] for issuing a warrant of arrest against an SSP who allegedly tried to impersonate having found with substantial evidence that he fatally knocked down a pedestrian by his official vehicle.

    There are many more similar examples can be given to this credit. However, non of those Judicial Officers committed any offense,yet in all those former incidents they had acted under the accepted law of the land. They had carried out the most appropriate actions which should have been taken up within their jurisdiction, a legal act I would say which was empowered to do within their ambit of power given by the Constitution of Sri Lanka.
    My humble cry is, please bring them back to the service with back-wages and their lost image in the society.

  • 6
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    To the JSC and newly appointed IGP.
    Mr. IGP,
    Who has given a license to Thilina Gamage to carry a gun?
    any investigation into that?
    Threatening somebody using a firearm is a serious offense. Non bailable offense and when framing charges, the penal code should be read with the firearm Ordinance.
    Why a charge is not framed over the incident at Pinnawala?
    A former Magistrate [Kaluthara] was sent home by the then JSC for using a firearm in a similar manner,and that it was using against another ordinary citizen at a night pub [however an offense] but what happened at Pinnawala was against public officers according to reliable sources.
    People lose faith in all main limbs in the system. specially the law enforcement and judiciary. a threat to the society at large.

  • 3
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    Sorry for not being able to thank individually for generating a very illustrative discussion on the subject of handling this case. All of your comments relating to the manner in which our Judiciary is being “manipulated” to circumvent justice is very disturbing. As “Independent Jurist” stated this Magistrate Thilina Gamage carrying a gun to the Elephant Orphanage at Pinnawala and getting involved in an altercation has been swept under the carpet. Anyway, as I said earlier, the present Government is also equally responsible for allowing the country’s Justice System to fall apart in this manner. It is time the President and the Prime Minister look into this serious situation immediately.

    Thank you all for generating a very fruitful discussing.

  • 2
    0

    This guy has bought an elephan baby knowing that the first owner had no
    license. As s judge, he shoule have known the law better. He has stolen the Baby elephant from a rouge.

    Siri

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