18 July, 2019

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Easter Attacks: Judge Lanka Jayaratne Schools AG Dappula On Legal Faux Pas Committed In Charges Brought Against Pujith And Hemasiri

Attorney General Dappula De Livera and the Criminal Investigation Department were schooled by the Colombo Chief Magistrate yetserday during the delivery of the order that granted bail for ex-Defense Secretary Hemasiri Fernando and suspended IGP Pujith Jayasundara, who were charged with murder by the AG, for failing to put in place a security plan to prevent Easter Sunday bombings.

Attorney General Dappula De Livera

In a very strongly worded order Judge Lanka Jayaratne reminded the AG that the Court does not exist to deliver judgements as demanded by investigators and listed out the legal gaffe committed in charging the duo with murder. He also faulted the CID, for arresting the two without obtaining prior statements.

As per the B report on the case, the charges had been filed against Pujith and Hemasiri for failing to have in place a security plan or program to prevent the April 21, 2019 bombings.

“If the basis for the criminal investigation was the lack of a security plan being in place, it should be probed as to whether the initial warnings reach the two suspects…This is not a murder charge like that of a stabbing thats led to murder , where a suspect could be arrested without obtaining a statement based on eyewitness testimonies. In this cases such as this, the suspects’ statements should have been obtained first and probed before taking them into custody. It is a simple fact that anyone could have understood,” the Judge had noted.

Meanwhile, as per an inquiry, the AG had clarified to the Colombo magistrate court on July 03, 2019 that the charges framed against Pujith and Hemasiri were based on the Presidential Commission report. The AG’s Department had also admitted the Commission was not appointed by the President as per any Act and its sole purpose was to probe the bombings.

The Judge pointed out the report contents of the Presidential Commission that probed Easter attacks cannot be directly cited in a judicial proceeding, given only the Commissions of Inquiry Act Section Nine and Section Eight of the Special Presidential Commission of Inquiry, that is able to grant the ‘judicial proceedings’ status to findings of a Commission.

Therefore, Judge Jayaratne noted the contents of the report were to be used as preliminary information with which to build a criminal investigation and the same had been advocated by the Presidential Commission Chairman, Supreme Court Judge Vijith Malalgoda in the recommendations.

Judge Jayaratna also pointed out in his order that charging Pujith and Hemasiri under Sections 296 – referring to murder – and 298 – referring to causing death by negligence- of the Penal Code, has created uncertainity as they are two contradicting charges.

“This has been made clear by the punishments delivered for each of the charges,” the Judge had pointed out. The punishment for murder is death penalty while the punishment for death by negligence is a five year prison sentence that permits bail.

Furthermore, the Judge had stated that against the backdrop in which suspect no: 1 – Hemasiri Fernando has statd other officials of the security apparatus did not discuss the imminent threat of bombings at meetings attended by top officials of the Defense Ministry, the sole responsibility of the attacks cannot be heaved on the two suspects alone.

According to circulars on Defense Minister’s duties, the obligations including being in charge of domestic security and safety of intelligence services as well as the Police Department.

“The responsibility of these matters are with the Minister and the obligations of the Minister cannot be fulfilled through the Secretary,” the Judge had further noted.

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Latest comments

  • 53
    2

    Statements should have been obtained first and probed before taking them into custody///

    What about the The sterilization charges against Dr. Seigu Shihabdeen Mohamed Shafi.

    • 26
      4

      Unfortunately the arrest was under the “Prevention of Terrorism Act” and it is harder to challenge the injustice.

    • 19
      1

      Government should be on full alert our dear ambassador doctor vodka is planning another CoupeLk to seize power for the Rajapaksas…

      This drama by Iraj Weeraratne that the government removed his Facebook page should be followed carefully too.

      • 0
        7

        There is nothing wrong in honourable AG Dappula De Livera’s looks.

        He looks extremely Sri Lankan.

        He looks honest, principled, law-abiding, virtuous, religious, competent, talented ……… and above all “Buddhist.”

        Then again, he is not the only one who looks like that; there are many others ……… Sirisena, Mahinda, Gota, Basil, Ranil, Hisbulla, Badudeen, Fowsie, Mano Ganesen, ………… 225 ……………..

        A rose by any other look ……… is still a rose ……….

      • 0
        0

        mentioned person is a highly corrupted person and almost insane over power grab. let us know more aboute what you know

    • 0
      5

      Shafi been taken into custody on charges of sterilization?

    • 6
      0

      bh,
      I do agree with you. I’m one of the persons who refused to believe Dr Safi story from the very beginning. Now, the bigger question is how to understand these two incidents of injustice within the context of efforts to make SL bureaucracy function free of personal or outside influences. This is all the more important b’cos they make us feel disappointed in ourselves after investing so much efforts to defeat the previous Gvt with the hope of preventing exactly these types of injustice from taking place.
      My personal feeling is that despite of a few black spots here & there, the behavior of SL bureaucracy, of the police Dpt in particular, has improved lot. Except for this highly publicized case of Kurunegala IGP Kithsiri Jayalath with the help of hospital director Sarath Weerabandara, news of police brutality come to relatively very low levels. However, since we deal with human beings, a few of whom can expect never to give up old bad habits, particularly when forced by their racial/ political biases, things of this ugly nature could always a possibility. The important question is how we as a nation move forward beyond this isolated setbacks.
      Then again, this is the way all the social systems must behave. That is b’cos the human expectation of the concept called “progress” is not a natural concept; it has a very narrow and relative meaning (In nature, there is change but no progress simply b’cos there are no criteria to measure natural changes. This true for evolution as well! Progressive change is human concept introduced to human thinking only during late 18th century via biology. Before that, never ending cyclical change dominated human thoughts- sorry, but no space for a detailed discussion). Therefore, a) solution to one burning issue can create some totally unexpected unpleasant outcomes or b) a few individuals or a group may stand to resist progressive changes that stand against their biases.

      • 1
        1

        D. P.

        Muslims have pointed out Zahrans activity , to avoid misunderstanding, and under “Prevention of Terrorism Act, some are arrested, without proof of fault and some are released having proof fault.

      • 0
        0

        The problem Dear D.P,.lies nowhere else but in the fact that the 225 ABs are satiated. They cannot thinkk new nor think properly, they cannot plan even for next minute. It is high time that this set of people with low IQ are sent home.If wed had people with dedication this copuntry would not have reached this pathetic situation.,they are there for the free meals and ….

        • 0
          0

          The problem Dear D.P,.lies nowhere else but in the fact that the 225 ABs are satiated. They cannot think new nor think properly, they cannot plan even for next minute. It is high time that this set of people with low IQ are sent home.If wed had people with dedication this country would not have reached this pathetic situation.,they are there for the free meals and ….

    • 0
      0

      Rbh,
      Can you believe it? Today he was further remanded till the 25th ac to the Mirror. Another source said the detention order was lifted & he was put on remand. Reporting is so confused.

      • 0
        0

        Manel Fonseka

        AT General Elections polled around 54,000 votes within about a month of campaigning

  • 63
    1

    Kudos to Lanka Jayaratne, a slight ray of hope for our Nation as long as few judges do their duty by the Nation rather than apple polishing the power that be, especially a person fit only to be a p..p, is elected as the President of a Nation.

    As for Dappula, it is a crying shame that these non entities are given the top most post in the Judicial Services.

    The bottom line is, if the Judiciary and the Police perform their duty effectively without bending their backs to the Politicians and ensure equal justice to all races, our Nation can achieve much greater heights than our neighbours.

    Its a curse that our people do not realise this basic tenet and keep fighting on racial lines.

  • 38
    0

    Absolute tragedy. No law and order, no principles and this is mere law of the jungle. It appears obviously amateurish and totally unprofessional. How can anyone trust this system. Aiyo has made the country a bigger joke than before. We have no system what so ever even to deal with daily mundane issues. They arrest people, lock them up and then release them. No one to question. A dangerous country. Where is that Dr Sharfie, the poor guy who was ruined by these unlawful mob. It is looks very comical. This is what happens when there is too much nationalism, racism, religious fanaticism, too many patriots. It is indeed becoming a unique country like what the moron Blind Eagle says. Just hand over the country to the uneducated yellow robed monks to run. It will be all the same. Bunch of utmost jokers.

  • 32
    0

    Good judgment

  • 44
    0

    I am happy, relieved and proud that we have well balanced and learned judges in this caliber. I don’t want to talk about the AG as he had put tar on him by himself.

    • 19
      0

      Dappula looks like Jack The Ripper. Lanka Jayaratne watch your back when you walk down dark alleys.

    • 6
      0

      Citizen, When you say, ‘I don’t want to talk about the AG as he had put tar on him by himself, who else are you talking about!

  • 13
    0

    Yes, it is a historic judgement

  • 17
    0

    Sira should know that everybody is taking him for a ride. Dappula cannot say “NO” to the president at once for he has to show his gratitude. Thus he is obliged into sycophancy. On the other hand the promotion to High Court level of this judge , where a presidential appointment is required, is miles away, and that would take place during a different setup. SO! the most appropriate person to call a spade a spade is this judge. Ultimately Sira will say “These fellows (referring to the judiciary) will not allow me to control tobacco, will not allow me to chase away a party engaged Bond Scams, will not allow me to control the drug menace, will not allow me to discipline fellows fit to be charged for murder”. Aiyo! Sillysena don’t demean yourself.

  • 13
    0

    This is what Lankans call as “Low and Odor”. If it was Sarath and Mohan they sure could have fixed it. Imagine how many innocent people (like these individuals) would have suffered during their regime. If any of Rajapaksa crony is picked again then this whole thing will reverse back to same old shit, we witnessed in past. Sarath would have arranged a SHAM appeal with him as presiding judge and reversed the hearing. In the process he would have degraded and belittled Lanka Jeyaratna in public,so much so Lanka Jeyaratna would have either quit or surrendered and taken up a diplomatic post or end up killing him self. There were others too including Asoka, Shirane Thilakaratna and MR,s girl friend now retired SC judge.

  • 12
    0

    The AG needs a haircut very badly. Are there any barbers in Colombo?

    • 1
      0

      He looks like the late Indian actor Kader Khan.

  • 28
    0

    Marvellous, Justice Jayaratne! Thank the stars there are still judges of your calibre on the Bench.
    But what a shame for the A-G. How can he show his face after such a demonstration of incompetence?
    I wonder why Dr Shafi wasnt freed on bail after the CID report, even tho further evidence wS required. Was there some point of law militating against this?

  • 16
    1

    Vini, agree with your comment. The AG really needs a good hair cut. Maybe he is trying to cover up his face. I personally believe that an educated guy will be recognised from his attitude and facial expression. Do you think that the AG has that personality.

    • 0
      0

      True , one’s physiognomy reveals one’s state of “low and odour”
      Contents within seem to be as scrambled as the view without.
      Boothaya

  • 6
    0

    “The responsibility of these matters are with the Minister and the obligations of the Minister cannot be fulfilled through the Secretary,” the Judge had further noted.” Who was the bloody minister who thought he can hang his secretary for his own crimes eh? AG what a god damned abomination are you to carry out this ministers wishes. Even Kakille can do better than this. The AG needs to be dismissed and the minister arrested! What is the pussillanimous UNP going to do about it? Nothing?

  • 5
    0

    Here is a prime example of the type of Damn Fool , political appointee who is ruining an already decimated Country !

  • 5
    1

    when you look at the PHOTO OF THIS AG DUPBULLA LIVERA he and his hair style HE LOOKS LIKE MICHEAL JACKSON AND DOES NOT LOOK LIKE A DECENT LAWYER.how can you expect a person of this nature to act reasonably with out liking the boots of the POWERS TO BE TO GET A HIGH POSITION IN FOREIGN COUNTRY IN FUTURE.

  • 3
    0

    This puts in a nutshell why Srilanka has gone down the drain. Chaps get appointed to high posts not for what they know but for whom they know. Before becoming the AG his immediate boss was the present Chief Justice. The entire administration of Srilanka is administered by nincompoops except for one or two exceptions. Srilankans excel in the world as the biggest con artists.

  • 0
    4

    Wonder why Ibrahim doesn’t petition this Court and the Judge…..

    Anyway what amazed me was the Kudos from Dr Ranil’s new recruit from Kollonnawa to this particular Judge and his Court.
    Miss Hiruni didn’t mince her the words when the Lady stick it up to the President.

    I thought what a talented replacement for the UNP stalwart Rosy Senanayaka.
    whom I thought was the real deal.
    But this Talent and Beauty packaged into one ,beats Rosy by a country mile.

    BTW Wonder whether Miss Hiruni got her A Levels.

    Because I would hate to think of Dr Ranil’s new Buddy, Mentor and Campaign Manager Mr Ravi Karunanyaka asking Ms Hiruni about her educational qualifications in Public..
    Which may jeopardize the chances of the UNP Elite Anglican and the Vellalas of their once in a lifetime chance to have this sort of Talent and Leadership material to help them..

  • 0
    0

    Appreciate to Attorney General it is like the magician to pull a rabbit out of a hat
    it is an enlightenment to the how act next time to the citigenzens for the faulted ones for arresting the two without obtaining prior statements.

  • 0
    0

    He looks like Sri Lanka’s own Boris Johnson.

  • 0
    0

    When I here the name, Batagoda comes to mind; in the same place for donkey years. In SL the most corrupt is the most suitable for the top (or any important position) job. So, stays put in the same place whichever the government that comes to power.

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