Just two days after President Maithripala Sirisena unconstitutionally appointed Deepali Wijesundera as the Acting President of the Court of Appeal for the third time a crucial Rajapaksa case will come before the highly controversial judge today.
Deepali Wijesundera
Lawyers for former secretary to the Ministry of Defence Gotabaya Rajapaksa have filed a writ application in the Court of Appeal in a bid to the trial against him at the Permanent High Court to try corruption cases.
The case is expected to come up for support in Court room 303 before Acting President of the CA Deepali Wijesundera and Arjun Obeysekere.
Wijesundera was the High Court Judge who ruled on the infamous White-Flag trial that convicted former Army Chief Sarath Fonseka to rigorous imprisonment.
She also presided over the frivolous trial of Journalist J.S. Tissanayagam, and convicted him of offences under the Prevention of Terrorism Act, sentencing him to 20 years in rigorous imprisonment.
Wijesundera’s long term affiliations with Mahinda Rajapaksa and his family are well known, with the former President reportedly having signed as a witness in her daughter’s wedding and gifting the judge’s daughter a car as a wedding gift.
The constitutional council has rejected Wijesundera’s name for president of the court of Appeal three times but President Sirisena has repeatedly sent her name in for the post. The Rajapaksa family is desperate to ensure Wijesundera is eventually promoted to the SC.
Gotabaya Rajapaksa is the first accused in the D.A. Rajapaksa museum case where he has been indicted on charges of misappropriating state funds to the tune of Rs 31 million in order to build a mausoleum and museum to his parents in Medamulana in 2013.
Preliminary objections filed by Gotabaya Rajapaksa’s counsel Romesh De Silva PC challenging the jurisdiction of the Permanent High Court on corruption to hear the case were rejected by the three-judge bench in a hard-hitting 20 page order.
The former Defence Secretary’s lawyers have since filed an appeal at the Supreme Court seeking to overturn the PHC order. The appeal will have to be heard by a five-judge bench of the Supreme Court since it was made by a permanent trial-at-bar.
The D.A Rajapaksa memorial case marks the first time Gotabaya Rajapaksa has ever been indicted in a court of law, Colombo Telegraph reliably learns that while the Attorney General has been cited as a respondent in the case, notice had not been issued on the Department as of late Thursday night.
The Court of Appeal has already granted an order once preventing Gotabaya Rajapaksa’s arrest in the D.A. Rajapaksa case. The order was granted ex-parte after the AG was not noticed to appear and the judges ruled without hearing objections from the State.
De Silva PC regularly manages to obtain interim relief from judges of the superior courts without officially noticing the Attorney General (By Ramani Bulathgamuwa)
JD / March 8, 2019
I think even in 2015, courts were corrupt. Because, the PResident presented the 19th amendment to the courts, but they did not tell that they were lot of things that would undermine the sovereignity of the people over the fundamental rights International community, NGOs and Legislature. So, even a dual citizen and a Tamilnadu imigrent and CPA had more fundamental rights than the citizens in Sri Lanka. Lot of places in the constitution that did not mtach. Even the judiciary is part of the citizens and they are paid by the citizens but Judiciary did not read coment well about the constitution. in Sri lanka, viyathun are not discussing that mostly out of respect and one day at least when the international community gives up on Sri lanka it may work out. I am wondering whether the Sri lankan Human rights commission and Prefessional corrupt NGOs of Sri lanka will take up their hands to the head in desperation because CT disparaged a Supreme court Judge. At least the chairman of the anti-corrption agencies Keerthi thennekon would not do that.
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Amarasiri / March 8, 2019
RE: Corrupt CA Acting President Deepali Wijesundera To Hear Gota’s Writ
“Wijesundera’s long term affiliations with Mahinda Rajapaksa and his family are well known, with the former President reportedly having signed as a witness in her daughter’s wedding and gifting the judge’s daughter a car as a wedding gift.”
Deepali Wijesundera will give Tota what he wants.
Sirisena is OK with it.
Ranil is OK with it..
An illegally occupied Para- land like no other.
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S. Modaya / March 8, 2019
US citizen Gotabaya Rajapaksa is under US jurisdiction and should be tried for financial crimes and war crimes in the great Trumpland Liberal Democracy. But Gota is free as a bird to corrupt justice institutions in SriLanka today.
In fact, Gota is protected by Trumpland puppet Bondscam Ranil and clown Sira, in the US brokered and sponsored Fake Reconciliation in Sri Lanka – bi-partisan Corrupt Governance Racket that has turned the Parliament of Sri Lanka into a Cesspit’ to use Nikki Haileys favorite adjective, these past 3 years.
Now After the UN International Court of Justice ruling on Chagos Island’s Diego Garcia Navel Base, Trumpland claims that it up holds the SECURITY and Human Rights of the Indian Ocean peoples! The US military Base Diego Garcia in the Indian Ocean, against which the ICJ ruled last week was deliberately blocked from global coverage by 3 orchestrated events: 1) Trumps’s jaunt to Vietnam 2) Indo-Pak fake war, while 3) Samantha Power was singing Hosannas to the Minister of Finance who is Financially Illiterate and his patron Bondscam Ranil who has put Sri Lanka into a debt trap and the IMF Washington Consensus Bail Out Business!
Long live Miracle of Modayas!!!
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desperate Sinhalaya / March 8, 2019
To whom it may concern:
Srilanken law and order system should evidently be full of pot holes. It is caught in flagrante delicto as being stated above.
How come former president to influence yet today country’s judiciary as no other.
So what more prima facie evidence would the international community need to confirm that lankens would never practise as independent courts as repeatedly shared to the international community.
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K.Anaga / March 8, 2019
I think corruptions fluctuate from time to time based on the accused and judges. No body is perfect- every judge needs a Promotion.
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K A Sumanasekera / March 8, 2019
Is Ramani Bulathgamuwa a UNP card carrying member?.
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Even then isn’t it an attempted Contempt of Court, to call a Senior High Court Judge Corrupt with out even an ounce of evidence?.
Do our Mahavamsa Judges who jailed poor Gnannassara for having a “verbal go” at Mrs Ekanaligoda tolerate these unfounded attacks on their fellow Judges?..
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Mallaiyuran / March 8, 2019
Still very strong the Old Royals’ appointments in all departments. After coup, Arjuna, Magala, Karu and other could not do their job, because Slap Party officials staged in physical violence or redtape or non cooperation- boycott to duty. State Media and petroleum corporation faced problems. In the recent past, second time an American cargo plane is held in Katunayake. The customs Union boycott for M/s Carles Transfer, earlier. But a Chinese private business plane came to Katunayake, went to China Bay and went away without anybody knowing. Not even Mangala or Arujuna went on strike on that mystery plane.
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Rohan / March 8, 2019
JD,
You know the no job losers on CT, will now leave disparaging comments in reply to your post. If the article doesn’t suit their point-a view their in bred qualities comes out.
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JD / March 8, 2019
Rohan you are a Tamil and you think, every thing must go on as per your wish.
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mike / March 8, 2019
Medamulana Meeharaka Percy Mahendra Rajafucksha’s balls are in this woman’s court, so it is smooth sailing for Hitman Gotler Rajafucksha!
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Simon De Silva / March 8, 2019
Mike,
madamulana meeharaka turned up in that RALLY in Kandy today though somewhat late though. Not even 1000 attendies were seen in that meeting.
But there had been exchanges in that channel chat where I happened to read.there following.
Make Gotabaya the leader and also make HUMAN FLESH as the the staple food of the people (ගෝටබය රජකරවල ජාතියේ ප්රදාන ආහාරය මිනීමස්කරමු !!
රටට හොන්දක් වේවි මේ තිරිසන්නු පත්වුනොත් නේද ?). That hinted how scared people have been if the bugger would ever have been elected by the grass eaters dominated SL.
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JD / March 8, 2019
Above comment should be corrected as the fundamental rights of the international community and so on………….
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Lankan / March 8, 2019
AG was appointed as and when president wanted.. that is what we get this executive presidential system..He can appoint any one as he like. what happened to Mrs Shirani. Bandaranayke.. it is a scar in Sri Lankan legal system. A lady who served for this nation over 30 years, was dismissed by ruthless president at will. why was that? because, president was behaved like a God that time. Some stupid still want to have this system.
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shankar / March 8, 2019
This woman has no principles at all for sentencing tissanayagam for 20 years RI for no reason at all.Even mahinda later pardoned him due to international pressure..As for fonseka sentence,you know what happened to major general sumith manawadu who punched fonseka when arresting him.
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hancho pancha / March 9, 2019
The Lady Is a Tramp. Farnk Sinatra
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craig / March 8, 2019
De Silva PC somehow manages to get what he wants from the courts. Supreme Court has now issued an order preventing the CID from arresting or detaining Wasantha Karannagoda over the abduction of 11 youths. Do judges fear De Silva PC? De Silva PC also appeared for Lassantha against Gota and when he died he quickly switched to appear for Gota!
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Rwkd / March 8, 2019
When some talk about corruption in our court system and corrupt law officers, they are draged to courts for contempt of court. But we hear on daily basis the wrong doings of the system. How come one high flying lawyer can get the entire system up to the SC to do his bidding? And how one lady judge who is well known for her corrupt practices allowed to do her bidding? Can someone pl enlighten us? No use expecting the president to be impartial as he is a goner!
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hancho pancha / March 8, 2019
Judiciary is the backbone of a country. When judges without backbones (crooked) are appointed to occupy the lofty Benches, the catastrophic consequences are much greater than the devastation a huge tsunami wave engulfing a country, would cause.
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hancho pancha / March 8, 2019
In the civilized West, a judge in similar circumstances would have recused himself or herself. If Mrs. Wijesundra has an ounce of self respect or integrity or dignity towards the Judiciary of Srilanka she would have done just that. It is very unfortunate that she let herself fall into the same class of the oldest profession.
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JD / March 8, 2019
Sri lanka has a big issue of NGOs trying to involve in every matter. NGOs are not fair and the best example is the HEAD of the anti-corrupt NGO Keerthi Tennekoon as the new governor transferring a female regional Education director to a far from home place. then he scolded the Principal of the school and screamed to the newspaper saying he would quit because he was scared that he would be fired. It is amazing corrupt NGOs thinking that they are some special people.
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Buddhist / March 8, 2019
Can the petitioners who filed the case against Gota inform the courts that they do not want her to sit in judgement?
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mike / March 8, 2019
Buddhist – Definitely not, this woman is Medamulana Meeharaka’s chichi piece and our idiotic President Gamarala Sillysena appointed her fearing that he may go six feet under!
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justice / March 8, 2019
Sri Lanka government affairs are international news.
https://en.wikipedia.org/wiki/2018_Sri_Lankan_constitutional_crisis
Now, the judiciary are making more unfavourable news.
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suren / March 8, 2019
Classic example, that Sri Lanka is a banana republic.
Bloody jokers!!
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Plato. / March 8, 2019
Romesh De Silva P.C. is the DEVILS ADVOCATE of Srilanka!
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Siri / March 8, 2019
This is shows what man is Sirisena, and how much is his greed for power. To get his second term, he is even ready to kneel down and worship the Rajapakshas, and do any dispicable thing to please them at expenses of the people and the country. He has become a disgrace to all, and disgusting man. Even whatever summersualt he does to get elected at the next election, he wouldn’t get it for people are fed up with his dirty ways, and all are waiting to teach him good lessons. If the Rajapaksa’s associate with him, they too go under along with him. He is a real spoiler, and he is the man sebartging the government’s work to make it look bad in the eyes of the people in order for his selfish gain. He and his boot lickers still think people are fools but soon, it’s they who are going to get fooled.
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SMA Panadura / March 8, 2019
How can Ramani Bulathamuwa say a judge is corrupt without any substantial proof. She is biased. CT should not publish this type of articles which likely to lead contempt of court.
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Raj / March 9, 2019
Ramani Bulathamuwa should write an article about the Mannar mass grave too with carbon data results of the skeletal remains found there by foreign investigators so that we can bring the Portuguese and the Dutch to books, since the remains belong to the period between 1499-1796!
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K.Pillai / March 9, 2019
Looks like Deepali Wijesundera is eminently suited as he CJ SL in the MR-family owned Court System.
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Wijesundera was the High Court Judge who ruled on the infamous White-Flag trial that convicted former Army Chief Sarath Fonseka to rigorous imprisonment.
She also presided over the frivolous trial of Journalist J.S. Tissanayagam, and convicted him of offences under the Prevention of Terrorism Act, sentencing him to 20 years in rigorous imprisonment.
Former President MR reportedly signed as a witness in her daughter’s wedding and gifted the judge’s daughter a car as a wedding gift.
PS: The MR investment ‘gift’ is paying off.
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If the above are true, she appears to be very much enchanted by the looks and deeds of the MR-family.
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mike / March 10, 2019
K. Pillai – “The MR investment ‘gift’ is paying off”. Nothing is free from Medamulana Meeharaka. He nominated ‘Paba’ and made her a Member of Parliament. All for the taste of paradise!
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Sinhala_Man / March 10, 2019
Dear K. Pillai,
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Was this the woman who sentenced Tissa to 20 years in prison? I remember following the case. Tissa was about two years junior to me in Peradeniya University and a dozen years younger. I knew him very well, having done quite a lot of acting in stage plays with him; he almost belonged to our clique of guys who were concerned with events in the University in the mid-1980s without ever being political activists.
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He was a Sinhalese speaking guy, who’d been to the same school as I. Quite carefree and cheerful. It is true he was from a Jaffna Tamil family; I knew some of his uncles. He was no terrorist, just wasn’t that sort of person.
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I think that he read Political Science – not sure. Whatever the discipline, it was in the English Medium. I, myself read English, but I was constrained to take an interest in how the English Medium students in the Arts Faculty conducted themselves vis-a-vis the rest of the Faculty. I had taught many years in Sinhalese village schools, and had many pupils in the Engineering and Medical Faculties. Ragging in the Universities is often ascribed to village guys with an inferiority complex; that might be a factor, but more to blame were some of the stuck up Colombo kids who imagined themselves to be superior.
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I think that I got to know Tissa after he had spent his first year at the “Dumbara Campus” in Polgolla, a place I did not even visit until my year as an Assistant Lecturer, a reward for topping the batch and winning the Leigh Smith Prize for English. I mention this just to make the point that we were people who took our academic work seriously.
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Sinhala_Man / March 10, 2019
Part Two
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However, I did have to play a part in the politics of the University. There was serious anti-Tamil violence commencing March 11th 1983. Was Tissa already in Dumbara? I’m not sure. Some of the die-hard UNP University Staff (yes, there were such guys) had prevailed upon the J.R. Jayawardena government to chuck all “Arts riff-raff” in to Polgolla for their first year and even later allow only those doing Special Degrees to come into the main “show-piece campus” at Peradeniya. Mind, catering and such like were a far cry from what they had been twenty years earlier. Those doing Arts General Degrees were allowed into Peradeniya in their third and final year.
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The anti-Tamil rioting did not come from the Arts Faculty. It was mainly from the Science Faculty, with Engineering fiercely fighting against communalism. It has been documented in some of the chapters of Rajan Hoole’s book which was serialised here:
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https://www.colombotelegraph.com/index.php/university-of-peradeniya-may-1983-when-majesty-stoops-to-folly/
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After the “National July Riots’ of 1983, all Student Unions were banned. Those who want to undertake any meticulous study of the reasons should also take account of some internal University politics of those years as well. The thugs were affiliated to the UNP: the most notorious of them being a guy named Thulsi Wickremasinge. I could expand on that if anyone really wants it, but what we are now talking about is Tissanayagam. Actuallly the “Nayagam” part of his name was never used by us.
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Sinhala_Man / March 11, 2019
Concluding:
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Part 3
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Some people had appointed me President of the English Students’ Union, in my absence. I think that there was some shrewd politics in that too, but once I found myself thrust in to that role I had to take on myself the task of looking after the effete English Medium, although that was no remit of mine. I may have said something on the subject three years ago, when commenting on Hoole’s book.
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Having a guy like Tissa around was indeed a great asset at times like that. He was so simple, spontaneous, generous, and affable; and he spoke fluent colloquial Sinhalese. It helped so much to win the trust of the Sinhalese Medium; the Tamil medium didn’t really matter. There was a strong aspect of social class in all this, and Tissa was one guy to whom snobbery was foreign.
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I found it quite incredible when I found that a gentle fellow like Tissa was given that harsh sentence – can readers just imagine what that would mean to a decent and cultured fellow like Tissa. If it was this woman Deepali woman who did it she should no longer be on any bench.
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