26 January, 2021

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Exclusive Affidavit: Justice Shiranee Protecting De Facto Chief Justice, The Case Goes Geneva

As conflicts of interest challenges mount for de facto Chief Justice Mohan Pieris who continues to appoint benches to adjudicate on cases in which he is cited as a main respondent or the offending party, Colombo Telegraph can now reveal a first person account of how Supreme Court Justice Shiranee Tilakawardane is personally instructing journalists to refrain from reporting court proceedings in a way that would be injurious to Pieris based on sources close to the UN Committee on Human Rights.

Justice Shiranee Tilakawardane

Supreme Court Justice Shiranee Tilakawardane summoned journalists to her chambers and instructed them on how to report on a controversial Fundamental Rights application filed against de facto Chief Justice Mohan Pieris alleging misconduct and abuse of power during his tenure as Attorney General, an affidavit submitted by a senior court reporter claims.

Tilakawardane was the only Supreme Court Justice to give evidence at the Shirani Bandaranayake PSC that convened in secret and summoned witnesses at the eleventh hour, after Bandaranayake and the Opposition MPs in the Committee had walked out of the Parliamentary Committee citing a lack of due process.

Ceylon Today news editor Stanley Samarasinghe affirmed that Justice Tilakawardane had made a hand-signal to journalists present in Court Room 403 when the controversial Colombo Dockyard Vs. Sri Lanka Customs case was taken up on February 26, 2013.

Pieris, now the country’s de facto Chief Justice is being accused by the petitioner, a Sri Lanka Customs official, of having of abusing the power of his office as Attorney General to pressure the Customs Department to agree to a settlement highly favourable for the private firm, Colombo Dockyard. The sum in question due to Sri Lanka Customs was in the range of Rs. 619 million.

On February 26, Counsel for the petitioner, the customs official in question who had uncovered the fraud was applying for a revision application against a dismissal of his previous petition by a two judge bench in which he claimed one of the judges, Satya Hettige was biased.

A source close to the UN Committee on Human Rights told Colombo Telegraph that the affidavit submitted by the petitioner “tells a grim story of the actual situation and of the way the justice system works”

“Amidst objections from the AG, Counsel bought to the notice of Court about the dishonesty and misconduct of the Attorney General Mohan Pieris and as to how the AG Mohan Pieris abused the office to withdraw an action filed by the Director General of Customs against the Colombo Dockyard Ltd,” Samarasinghe says in the affidavit.

One of the Supreme Court judges on the bench P. Ratnayake recused himself for “personal reasons” leaving on Justices Shiranee Tilakawardane and Eva Wanasundera to hear the Counsel’s submissions, Samarasinghe explains.

The Tilakawardane Bench dismissed the petitioner’s application for revision of the dismissal order by a previous bench that included Justice Hettige the counsel wanted disqualified for bias.

At the end of the proceedings, Samarasinghe says Justice Tilakawardane gestured oddly to the journalists in the courtroom. “Soon after the hearing and just after the Counsel for the petitioner left the court room, Justice Tilakawardane pointed her finger towards us and signalled something which we failed to understand and as usual we left the courtroom,” the journalists affirmed, referring to himself and his colleagues.

“Then Justice Tilakawardane sent her peon for me to report to her chamber,” the journalist says.

He said he had never received such a call before.

“This kind of call I have never experienced before and I was concerned as to why I was summoned to her Chambers but as directed by the Judge I followed the peon to her chamber,” Samarasinghe says in his affidavit.

There Samarasinghe says that he was strictly informed by Justice Tilakawardane that the matter before the court that day had only been for legal arguments. He had been told not to report on any other matters that transpired in the courtroom. He said he was asked to inform the other court reporters of the same thing.

Later, Samarasinghe was once more summoned to Justice Tilakawardane’s chamber and handed a signed judgment to “facilitate” their reporting on the case. The copy was signed by all three judges, including Justice Ratnayake who had withdrawn from the case before the proceedings commenced.

“I was strictly advised that nothing else transpired in the court room should be reported in the media and to inform the same to other media men. I was also informed that I would be given a copy of the judgment signed by all three judges and the same to be given to the others to facilitate their reporting about the case. I state that later on when I called her chambers further her request I was given an uncertified copy of the judgment that had been signed by all three judges,” Samarasinghe concluded.

Having failed to obtain redress at the Pieris Supreme Court, the petitioner has now filed a petition before the UN Committee on Human Rights alleging that the denial of justice is a violation of the International Covenant on Civil and Political Rights to which Sri Lanka is a signatory.

Related stories;

The Case Against Mohan Pieris’s Misconduct; Dismissed With Cost Awarded To The Respondents !

Update – The Case Against Mohan Pieris Misconduct: Pieris Himself Chaired The Bench

Mohan Pieris’s Gross Misconduct And Dishonesty Exposed Before The SC

Aspirant CJ Mohan Pieris Exposed: Professional Misconduct As Attorney General

Rs 619 Million Public Funds Fraud Case Against Mohan Peiris And PB Jayasundara: The Lawyer Was Threatened

Rajapaksa’s Second Choice: Corrupt Justice Hettige

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Latest comments

  • 0
    0

    This is shocking news about how our supreme court functions.
    Justice Shranee T is preventing the truth about Mohan Peris’s misconduct and abuse of power being taken up by the court.
    The strange thing is the judge Ratnayake who recused himself,also signing the judgement – how did this happen?
    Has Ratnayake been “persuaded” to perjure himself?
    I hope that the matter will be heard by the UN Committee.
    I also hope that Samarasinghe will be alive and well to give evidence before the committee, which may take some time.

    • 0
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      Thilakawardene should be forced to resign and an inquiry held into this matter. The Bar Association must protest – she wants to be the next corrupt de fact CJ of the Debacle of Asia..

  • 0
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    power corrupts,and absolute power corrupts absolutely they say.

    When some people have been in power for too long this is what happens.

    When is the independent commissions to be appointed as per the 17th amendment going to happen.That is the only permanent fix.When the next lot come to power and have been in office long enough the same thing will happen again.The people need some watchdogs to protect them.

  • 0
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    A country imploding on many fronts due to the refusal of this government to understand principles of good governance, efficient management, the value of the rule of law and the sanctity of constitutional principles. Monkeys are toying with an enfeabled and ill-designed constitution and leaving it in tatters. Ultimately, it is an assault on our collective and individual values, developed and refined over millennia. It is an assault on what Dhamma/ Dharmam/ Aram stands for in our cultural context- the very basis of our ancient civilisation.

    Dr.Rajasingham Narendran

  • 0
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    A set of the hand written minutes of CJ Mohan Peries on the file fixing the Bench of Judges to hear his own case, where he is a party, should be annexed to this afidavit and presented to Navi Pillai. This woman Shirani Bhuran Thilakawardene, Asathya Hettige, Deepani Wijeysundara and Counsels Nigel Hatch and a few others are corrupt to the core like Moron Peries.

  • 0
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    I think Tamil Diaspora, Western Powers and Pakyasothi’s NGO is behind this story. This is also a part of an International Conspiracy to tarnish the good image of our perfect Judiciary system. They are Jealous with our Judiciary system because they don’t have a judicial system to have decisions in favor of them like ours.

    Now Govt. will find sudden big Cash Transfers to the credit of Mr.Samarasingha’s Bank Accounts and our CID officers will get lot of troubles to dig Mr. Samarasingha’s history to see whether he has done anything wrong in the previous birth.

    Our Good Friend Mr.Jagath Balapatabadi will have a field to see whether Mr.Samarasingha has declared his annual Assets and Liabilities statements properly. If he didn’t declare even “0” balances in his annual declaration, I am sure Mr. Samarasingha will be in deep trouble, because Mr.Balapatabadi is very tough guy. Even if Mr.Samarasinghe didn’t declare his Liabilities properly He will be answerable to Mr.Blapatabadi. He will be summoned to Bribery commission 150 times to record statements before he formally charged with corruption charges and Shirani T’s court will decide Mr.Samarasingha’s fate.

    • 0
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      Correction,
      ……Balapatabadi will have a Field day to see…..

    • 0
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      You are mistaken . The supreme court in SL is corrupt,and biased to the core. ST only gives her opinion in some cases and if she does not approve the case she requests the petitioner to withdraw the case before she invalidates the case on legalites.I have proof of such a case where she acted like a dictator.

  • 0
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    Now we realize, Pirapakaran is correct

  • 0
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    This may probably the best example which amply demonstrate as to the extent of the betrayal of the people’s judicial power by the executive control judiciaciary now completely silenced with special offer of luxury cars (with a suplimentary allocation of public fund to the tune of 200 million rupees by a special cabinet paper approved on 08th May 2013) by the de factor CJ. God bless people of Sri Lanka.

  • 0
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    This woman is power greedy. She thought she would have been the successor to Dr.SB. For their reasons, it failed. Now again on a mission to pave the way the next attempt.

    • 0
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      She must have so greedy for many things not only power.

  • 0
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    This woman’s husband worked in Athulathmudali’s chambers. A'[Edited out]

  • 0
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    What more can you expect from a woman who hides her identity as a Malay? She now pretends to be Sinhala Christian.

  • 0
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    Late Ajith Thilakawardana’s is a honest very decent gentleman.He was visiting lecturer at Aquinas Law Faculty and later worked at Lalith Athulathmudali’s chambers.I really cannot understand this lady still use that late husband’s name.What ever it is Stanly earlier worked at Attha news paper and later many other papers covering courts proceedings.But this was not even very unusual practice.Sometimes some judge’s calling journalists to their chambers and handing some important case reports.But This case I really cannot understand why this Stanly, evolved to issued affidavit and support for the petitioner in this case? It is very very unusual practice.Money ,money..money..or some thing god knows the answer?

    Kumar

  • 0
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    some Sinhala buddist feel that vp should have been here to control the mr family

  • 0
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    I have to tell about coroupt thing about lawyer at Kalutara court.can you get me time to meet.your resident . Thank

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