The two eminent Commonwealth Jurists, whose opinion was sought by the Commonwealth Secretariat on President Mahinda Rajapaksa’s removal of Chief Justice Shirani Bandaranayake has found that her impeachment was flawed and a direct violation of Commonwealth Values and the process undertaken to remove the CJ did not comply with the Constitution and was unlawful, Colombo Telegraph can exclusively reveal today.
Sir Jeffrey Jowell, Q.C.
On August 15, Colombo Telegraph exclusively revealed that the Commonwealth Secretary General Kamalesh Sharma who had commissioned two key legal opinions from eminent Commonwealth Jurists on the Sri Lankan Government’s impeachment of its Chief Justice, Shirani Bandaranayake had decided to withhold the findings of those reports from the rest of the organisation.
Sharma refused to disclose the findings, even to the Commonwealth Ministerial Action Group, the Commonwealth’s organ to measure state compliance with the organisation’s core values and principles. Queried on the topic by the Canadian High Commission in UK, Sharma responded that some matters were ‘privileged’ communications to his office.
Again, on September 9, 2013 Colombo Telegraph exclusively revealed the legal opinion sought and then buried by the Secretary General’s Office. Justice P.N. Langa, former Chief Justice of South Africa and respected jurist, concludes that the Rajapaksa Government’s decision to disregard the Supreme Court Ruling on the impeachment of Chief Justice Bandaranayake was unconstitutional and said it was “sowing the seeds of anarchy.”
Today we can reveal the other report by the UK Jurist Professor Sir Jeffrey Jowell, Q.C.,one of Britain’s best-known academics, had been at work drafting amendments to ensure safeguards to the Crime and Security Bill, Emeritus Professor of Public Law and Dean of the Faculty of Law, University College London, which concludes that removing Chief Justice Bandaranayake was unconstitutional.
We publish below the full report of the Q.C. Sir Jeffrey Jowell report. Read the page 26 for his conclusions;
Related stories;
Exclusive: Secretary General Hides Two Key Legal Findings On CJ Impeachment From CMAG
Release The Buried Reports, Be Transparent – Bar Association SL Tells Commonwealth Sharma
Canada Slams Commonwealth SG Sharma Over Burying Legal Reports On Sri Lanka
JimSofty / October 28, 2013
Law can not work every where.
If the chief Judge cannot work with president, he/she should go.
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mayhem / October 28, 2013
you mean if she/he cannot pass judgement according to the pleasure of the president and not according to the rule of the land then she/he must be dismissed. What a country!! Still claiming rule of law prevails and judiciary is independent!!! Only sinhala modayas can agree with this.
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JimSofty / October 29, 2013
See how USA screens Judges for Supreme court. Because, they ddon’t want surprises.
In Sri Lanka, shirani Bnadaranaike was appointed and suddenly she became a threat.
there can not be two bosses to the country. what she decided was a case that affects the country’s future.
So, if the President can not work with her, the best thing is to FIRE her.
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Thiru / October 29, 2013
Why argue about the judges and the king etc., the matter here is Shill Sharma and his privileged information.
Now the information is in public domain thanks to CT.
MaRa and GoRa did hide the massacre in the No Fire Zones but the truth has emerged to the pulic domain.
When will these smart Alecs realize that truth eventually bursts out with vengeance?
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Thiru / October 29, 2013
Will Matale mass grave skeletons start talking about GoRa too?
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kp / October 28, 2013
“If the chief Judge cannot work with president, he/she should go.”
even in your ass-kissy, living-in-denial ways, jimmy, you’ve captured the essence of everything wrong in Lanka- everything is at the mercy of one person. Hurray for us medieval peasants.
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Ben Dover / October 28, 2013
What a load of bull you spout, señor Softy!
The judiciary should NOT be blindly submissive to diktats from, and NEVER be an organ of the state; rather it should serve to keep the powers that be honest and in conformity with the laws of the land.
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ruwan / October 29, 2013
THE LAW WORKS EVERYWHERE AND AT ALL TIMES, Just that it is NOT interpreted in the same way everywhere ! Or, as in Paathala Lanka, it is NOT intended to do so !
…”must go is one thing”, being Unlawfully Impeached is another ! Can see your level of understanding and education ! You just made a fool of yourself….it’s no wonder you support the Paathala Rajapakses bird brains !
Birds of a feather….
I now confer upon U Emeritus GENIUS of Sri Lanka,…..Buffoon !
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ruwan / October 29, 2013
this comment is for jimsofty ! Webmaster, have said this many times, but the reply(s) don’t follow the commemt(s) THEY JUMP ALL OVER THE PLACE…..
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Native Vedda / October 29, 2013
JimSofty
“If the chief Judge cannot work with president, he/she should go.”
If president cannot stand justice is being done, he/she should be sent home or in worse cases to prison.
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Lapatiya / October 29, 2013
There are lot of comments against our best friend “JimSofty” They are trying to make “JimSofty” as “SadaaSotty”.
I agree with Jim that If anybody cannot work with President he/she should go.
Lasantha Wickramathunga and 32 others had to go as they couldn’t work with Chakrawarthi.
Chakrawarthi did not like cartoons of Prageeth Eknaligoda and he had to go.
Raviraj couldn’t agree with Chakrawarthi and he had to go.
Chakrawarthi Didn’t like Jayaraj Fernandofully and he had to go.
Maheshwaran didn’t agree with Chakrawarthi and he had to go.
Sripathi Sooriyarachchi change the track and he had to go.
Ge. Sarath Fonseka didn’t agree with Chakrawarthi and General had to go to Jail for Rehabilitation.
There are lot of people gone out of country as they didn’t agree with Chakrawarthi.
There is a big list to follow.
So, JimSofty you are absolutely correct.
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Yasodara Fukushima / October 29, 2013
Why aney you lying Mr Lapatiya.
People say some story about a LIME KILN also. Were they true? all lies aney. Some are jealous about our handsome King. have you ever seen a handsome, eloquent, sensitive, moderate, just leader like out king.
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JULAMPITIYE AMARAYA / October 30, 2013
ARE YOU WITH US???,
Then You are my pet PATRIOT.
If not I will Give you White van Treatments.
Wait a moment,
I Will give you the Exclusive “LIME KLIN” treatment.
that is good for, you know this the secret.
No witnesses, no hassles, no after effects. No residue.
only me and my bosom pal Kudu Marwiya know the job.
that is why I am scared about him.
no others.
OK, BE CAREFUL.
By the way,
remember that,
“I AM / WAS a Human rights Crusader for Our people since 1960s to date and my clan joined me to safe guard human rights all over the Commonwealths .
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mike / October 31, 2013
…..and JimNutty we would like you to GO!!
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Burning_Issue / October 29, 2013
This imbecile not only thinks it but also foolhardy enough to share it publicly! In Sri Lanka the president is above the law!
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Wickramasiri / October 29, 2013
Jim Softly, What you really mean is that the President cannot work with the Chief Justice. In other words the President cannot work within the law. That is a sad fact isn’t it?
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Nari Sabry / November 1, 2013
Yes; But the sacked CJ was herself not pure. She was drunk with power and dancing musical chairs to corrupt political music with gusto, until she lost her own seat. Think of that. What about her own corrupt trillium discount deal and ignoring her husbands EPF frauds? She applied goo on the very high office she was privileged to be appointed to.
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JULAMPITIYE AMARAYA / October 30, 2013
OH YES.SADAA SOTHTHY;
{ Ruwan Fredinandass] What type of balu Dr you are].
may be you have a Dr like Kudu Marwiya?
If The Any Uneducated [ with a cheated law degree] President cannot work with the Law of the country,
He must go to hell.
NOT THE OTHER WAY AROUND.
You, Jakass, ruwan sothtyhy,
tell to this you Horny Jakass president and his son about the Country’s law.
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jansee / October 31, 2013
This shows your utter ignorance of the principle of “separation of powers” of the three – legislature, judiciary and the executive. It may be even better for you to say that if either the legislature (Parliament) and the Judiciary do not agree with the President (the Executive), then close both of them down. I am sorry, I am explaining to a dud here.
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nimal p.dunuhinga / October 28, 2013
you cannot remain forever
everybody goes when time permits
either he or she?
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Park / October 28, 2013
Its very clear that Kamalesh Sharma is not suitable to hold his position as Secretary General of Commonwealth. A no confidence motion has to be presented at the next Commonwealth conference in Sri Lanka by the British Prime Minister, this is the only way the integrity of the Commonwealth can be maintained.
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Thiru / October 29, 2013
At the right moment a whistle blower has appeared in the Commonwealth Secretariat in time for the CHOGM to take action on Shill Sharma, who does not deserve the position.
Out with Shill K Sharma with his privileged information!
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Anpu / October 28, 2013
Thank you Colombo Telegraph.
“If the chief Judge cannot work with president, he/she should go” – Is it in the constitution? Which ammenment? Is it 13—–?
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Real Peace / October 28, 2013
Thank you very much CT for this great job! Now the fundamental how KS can be held responsible for what he has alleged to have done. Can a legal expert answer this question?
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What goes around comes around / October 29, 2013
Or she or he will be taken on a white van ride. Law of the paradise Island. She or he cannot work with the president because he is the law.
What a pathetic state of affairs.
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Fathima Fukushima / October 29, 2013
Has 1815 repeated?
Has SL become a British colony once again?
If they love Shitrani so much why not they make her their CJ?
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MrRetort / October 29, 2013
Fat Fu-k,
Your brain is in your ass and don’t strain for it might burst out into commode
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JULAMPITIYE AMARAYA / October 30, 2013
Jak Ass Lorezo Fuk Simba;
Still Jarapassas are Kissing the Asses of colonials,
See again ,
THAT IS WHY They want this COLONIAL CHOGM Carnival here to please their colonial masters,
African humane flesh Pigmies and Pacific islands fishermen’s.
WHAT BENIFIT WE GET FROM THIS.
Animal skins and dry fish??????.
MALABARI JAKASS PRESIDENT AND HIS GOOONS enjoying and playing with our money.
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jansee / October 31, 2013
So, what do you think of the Commonwealth and CHOGM? Aren’t these from the colonial era? Where is CHOGM being held? In the deep blue ocean? You see, when you shoot from a loose mouth, with your brains stuck in the sand, you become a laughed at fool.
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Paisa Must Appah / November 1, 2013
Wow! A wonderful comment by Fat-Fuk. I think so myself. If these colonists love Shitrani so much why don’t they make her their own CJ.
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Citizen / October 29, 2013
Dark period prevails in Sri Lanka. It is something like a regime after a foreign invasion. Kamalesh Sharma failed to realize this aspect whether it is suitable to have the CHOGM in Sri Lanka. It is an insult to every member country of the Commonwealth. Canada was vigilant.
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Piranha / October 29, 2013
Sharka didn’t need the experts to tell him the impeachment of the CJ was unlawful. It was blatantly clear to anyone with an iota of intelligence that it was unlawful. The way the whole process was abusively used was to humiliate the CJ and the whole world watched in horror at the spectacle. The devious Indians kept quiet. If India had criticised it CHOGM would have been moved and Rajapaksa would have been damned. Sharma has not only brought dishonour to his office but also damaged the Commonwealth’s name irreparably.
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justice / October 29, 2013
Kamalesh Sharma has shamelessly prostituted himself to Mahinda Rajapakse, in order to retain his position as Secy. General of the Commonwealth, by suppressing this report.
The Indian Administrative & Foreign Service officials,the indian Judiciary, and PM Manmohan Singh would be aware.
On this alone,PM Manmohan Singh should feel ashamed to attend the Commonwealth Meeting,as Sharma is supposed to be a distinguished citizen of India.
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srilal / October 29, 2013
Justice ,
don’t be silly , KS works according to M Singhs instructions and agendas.
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Safa / October 29, 2013
CHOGM is doomed to have a Chairman who doest care two hoots for the principles of natural justice or the Latimer House principles. Where does this place the Commonwealth of nations? KS should be impeached and removed from his position.
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Thiru / October 29, 2013
He is thick skinned: He is there to collect fat pay checks at the expense of the rich members who contribute the bulk of the finances, and does things as he pleases.
He won’t go until kicked out.
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Manivannan MP / October 29, 2013
Kamalesh Sharma should immediately resign his position as Secy. General of the Commonwealth, by suppressing this report. He has brought disrepute to commonwealth and India.
The Indian Administrative & Foreign Service officials,the indian Judiciary, and PM Manmohan Singh would be aware.
On this alone,PM Manmohan Singh should feel ashamed to attend the Commonwealth Meeting,as Sharma is supposed to be a distinguished citizen of India.
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srilal / October 29, 2013
“On this alone,PM Manmohan Singh should feel ashamed to attend the Commonwealth Meeting,as Sharma is supposed to be a distinguished citizen of India.”
PM singh’s reluctance to attend CHOGM has got nothing do with shame/human right/principals or any thing , the sole reason being March 2014 Election.
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BBS Rep / October 30, 2013
Thanks to all ye good poeple who have posted comments so far.
For once you have let off BBS out of the equation. For those who still are trying to find a way to blame BBS with the above political shenanigans, I wish to reiterate, we have nothing to do with the impeachment of the CJ, Kamalesh Sharma or CHOGM for that matter.
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Kautilya / October 30, 2013
Kamesh Sharma,it is shame on you.How much you were paid by MR?
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Palayang yako! / October 30, 2013
Except for JimNUtty none of the usual Pandam Brigade has come running to Sharma’s defence.
Sharma is only ONE of a whole army of those who have been bribed in cash and kind by the Sri Lanka Kabaragoya government to cover up for it while it keeps accusing all their critics of “being in the pay of the NGOs/Western Powers” etc.
The TRUTH behind the whole smokescreen of false accusations is now only beginning to emerge.
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ram / November 2, 2013
Does Commonwealth ‘values’ trump Sri Lankan law.
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