13 December, 2019

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GoSL Agreed To Appoint A Commonwealth Legal Experts To Go Into The Allegations Against Sarath Silva

By Colombo Telegraph

President’s Counsel Faiz Mustapha, Sri Lankan High Commissioner to UK, was asked by the Ranil Wickramasinghe Government in 2003 to look into the possibility of getting a panel of legal experts from Commonwealth countries to go into allegations against the Chief Justice Sarath Silva against whom a motion for impeachment had been presented to Parliament. Following is the response by Lord Brennan who was contacted by Mustapha:

 

Related posts;

Read the impeachment motion against Sarath N. Silva here

‘I Have No Objection Against The Impeachment’ Says The Most Corrupt Chief Justice

Impeachment Proceedings Subject To Review By Courts- Sri Lanka Tells United Nations

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Latest comments

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    That was the proper way of impeaching a CJ in order to avoid political bias.

    The idiot in power at present had asked a bunch of uneducated street thugs to sit in judgement of the CJ.

    If anybody is dragging the country’s name through the gutter it is the Rajapaksas and their moronic ass-licking associates.

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    This is one of tne evidence how responsible PM should act when country faces a critical issue…We need good governance practices to implement in SL soon..otherwise whole country will clloapse soon…Now the Only option is Mr.Clean.

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    Thank you Colombo Telegraph for sustaining your attack on Mahinda-the-mad man before he sends the whole country to the dogs. We adore you CT, well done.

    The other national papers are licking the AH of Rajapakses in return for a laptop……………..!!!!!!!

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      Agree , hats off CT!!

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    People who are attacking Ranil must understand his concept of natural justice!! :( :(

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    I would like to remind that Hon PM was Ranil Wickramasinghe. If Chandrika did not dissolve the parliament Sarath N Silva would have been impeached by the impartial judges.

    Chandrika and JVP should take the responsibility for everything happened after that.

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    This is a good example of the professional approach of governing and upholding the law. Now what we have is like a a pack of mad dogs attacking the CJ.

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    Sri Lanka has in writing in 2002 given an undertaking to the UN human rights commission that the Parliamentary select Committee decisions shall be subject to a judicial ruling , the Select Committee decision on the impeachment motion should be submitted to a supreme court (SC) judgment .

    This undertaking had been given by C R De Silva ,the Deputy Solicitor general and former Attorney General during the period 2002 when UNP Govt. was in power. The decisions of the Parliamentary select Committee or any other committee to remove judges of the courts should be subject to a SC judicial review . The SL Govt. had given this undertaking to the UN human rights Commission.

    So now the Govt is caught lying to the UN as well.

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    Great work CT

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      Colombo Telegraph is doing good work for Sri Lanka.
      not like diyavannaa oya Piggery.

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    i have read this news some where before but couldn’t find it to post here , any way hats off for CT once again. for me this episode brings few important questions than answers ,

    1) Why did RW deliberately mislead the parliament saying that parliament is supreme? How can the parliament be supreme when 3/2 is synthetically obtained ?
    2) Why didn’t RW call for Larimer house standards this time round?
    if one analyses the whole impeachment saga from the beginning up to now , there is enough evidence to suspect that RW is right behind MR on this sordid act. Here are few facts to ponder
    a) Why did Dr Jayalath J volunteer to participate in a potential PSC well before it was formed?
    b) Why did RW give an open cheque for the PSC without any pre condition what so ever ?
    c) why did RW declare Anura B ‘s decision as the final ?
    d) why did RW allow john A to sit in the PSC (questionable character : openly declared that he fancies joining MR ,disobeying the UNP official stand and participated first war victory parade , joining MR’s entourage on UN tour and many more close associations with MR )
    e) Why did UNP demand more days to debate on a deeply flawed PSC report? UNP participation alone gives the much needed validity and legitimacy, isn’t this what MR craving for .
    f) Why did John A announce that he would not honor the appeal court verdict, in other words isn’t he sending a signal to others to follow suit.
    There is some thing some where seriously wrong in UNP’s role , different people have different opinions , for me as an independent ,I smell a rat !

    ps . I won’t deny that RW is a matured , decent , honest , clean and a visionary politician , he has amply proven his class and capabilities during his short tenure , his actions speak louder than words i.e sarath N silva’s impeachment procedure , regaining sri lanka , refusal to sign the IC , cease fire etc .

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      Even though RW is the leader of the UNP, he is not a UNPer anymore. MR has already bought him along with the executive committee (except a few honest ones in it). RW is more than content in pretending to be the opposition leader. He is enjoying his life with foreign travel and has everything at his beck and call. Of course his appointment of Mr. JA is to the PSC is a support to the government and done deliberately.

      When there are serious mistakes in the impeachment process a proper Opposition Leader should be on the road leading the masses.

      Now there are a lot of people who have become destitute due to the floods. Where on earth is this gentleman ?

      Leela

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      Even though RW is the leader of the UNP, he is not a UNPer anymore. MR has already bought him along with the executive committee (except a few honest ones in it). RW is more than content in pretending to be the opposition leader. He is enjoying his life with foreign travel and has everything at his beck and call. Of course his appointment of Mr. JA to the PSC is a support to the government and done deliberately.

      When there are serious mistakes in the impeachment process a proper Opposition Leader should be on the road leading the masses.

      Now there are a lot of people who have become destitute due to the floods. Where on earth is this gentleman ?

      Leela

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    Looking into the possibilities and doing it for real are two different things altogether.

    If RanilW really wanted to do it at that time, should he not have first discussed it at the cabinet and then have broader discussion with the parliamentary leaders of other parties and changed the Standing Orders? Should he not have inquired SC its legality with the constitution? These would have been nothing but ploys.

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      I am sure Ranil could have done all you mentioned if Chandrika did not dissolved the parliment. Every one talks about ranil’s faults no body talks about premature dissolvement of parliment elected by the people for 6 years.

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        Very correct.

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        If RanilW’s ‘peace agreement’ with LTTE had brought about peace, and his ‘regaining Lanka’ brought about some economic prosperity to people, should he not have won the election that followed by Chandrika dissolving the parliament?

        Not just that election, RanilW has lost all elections that followed. Why?

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          I am sure you have to agree that 2 years is not enough to do anything and also with a hostile executive president. Things would have different if he had the 6 years. What he did was more than enough. There was a fair elections and free media that is why he lost in 2004. Do you think we are having fair elections and free media in this country. We are the losers not him.

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            What free media you are talking. Ain’t those so-called western free-media anti-Muslim from the word go? There is no un-bias media anywhere in the world. They all have their own beliefs and standing. Did not entire Sirasa, Hiru, and many media houses blasted lies day and night to oppose MR at presidential election in 2005. Did not RanilW’s government attacked even the sitting president through government media when it was in power. These are mere excuses. If only people believe the opposition propaganda, they could win elections.

            RanilW was Prime Minister from 9 December 2001 to 6 April 2004. His folly was he hadn’t realized that his peace agreement with LTTE was a ploy by his western backers for LTTE to reorganise themselves for their final war. In spite of LTTE violating CFA 3830 occasions against 351 that of his own government forces, Ranil thought westerners would come to his rescue. So, he allowed moral of our forces to drop down to zero when he gave LTTE a radio station to propagate its separatist ideals and allowed them to kill our intelligence sleuth. Ordinary villages like me noticed these things and they voted him out.

            If elections were not fair how come Ranil won majority seats in parliament in Dec 2001. And how come he narrowly missed presidency in 2005. How come UNP won Colombo municipality recently. How come UPFA lost the east last year. Don’t make excuse. MR will stay in power so long as he does thing that majority approve of.

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              How can you say 2005 presidential election was fair when your friends Praba /Basil/Tiran did not allow north and east people to vote. Ranil was the real winner.

              You mention Sirasa, Hiru were attacking then sitting president so you are agreeing that government media was not attacking president chandrika. At least they were not like now.

              Ranil did not act like this president or not even like premadasa that
              was ranil’s down fall. Most of the people in sri lanka like you do not appreciate those qualities of RAnil.

              You mentioned western media is anti Muslim I don’t have any problem with that like Sri lnkan media is anti west like most of the government MP’s. But president and prime minster went to USA for treatment. why did not they go to Dubai for treatment.

              When I said free media what I meant was Media with out government control It can be biased People decide what to watch when all the media under gov control it is not free media.

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    If Ranil went through the shortcuts and sacked this person back in 2003 in a fast track PSC proceedings in a week or two,I believe Sri Lanka would be in much better position than this.This man (Sarath N Silva) did more damage to the country than anybody else.The current crises wouldn’t has arise at all . He and his arbitrary decisions are the root causes of most of the problems we have today.

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    On this particular issue, when the whole nation is fed with false propaganda by both electronic and print media, controlled by the Govt the contributions made by the Colombo Telegraph for the benefit of the whole nation is invaluable. Yet, who will pay the heavy price for the crime being committed against the innocent people who are kept in total hardness by denying them access to the truth.

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    I think ex. CJ Sarath N.Silva took the revenge for impeaching him by both RW and CBK by granting extraordinaty Powers to MR….including acquitting MR from Tsunami Scandal.

    Otherwise not a sane CJ gives so much powers to one sitting President. Also MR buying over 100 opposition MP’s and the War victory and the subsequent UN human right and LLRC and the implement of 13th amendment and the freshness of new CJ to the position, gave more feul to 18th amendment.

    But now they are all History….but we citizens should not allow these to happen in future.

    Coming January 10th Parliament CJ debate will give us the Clear picture of both Govt. and the opposition members true standing and their true being to the outside world.

    Also we would be happy if CT could organise to broadcast both Jan 3rd Appeal’s court hearing and Jan 10th Parliament CJ impeachment debate LIVE IN TV AND PUBLIC BROADCAST.

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    Much has been written by many on the impeachment.NO ONE WANTS TO PROTECT THE CJ IF SHE HAS DONE ANY WRONG SHE MUST GO.
    THE COUNTRY WANTS A PROPER INQUIRY AND IF FOUND GUILTY TO TAKE ACTION IN LINE WITH THE LAW.
    WHAT TOOK PLACE IS A ZIMBABWE TYPE TRIAL AND NO ONE ACCEPT THIS as it was a vindictive sham having done the jb correctly.
    RAJATHUMA IS BEHIND ALL THIS AND THE JOKERS JUMP WHEN ASKED. AS S.L.GUNASEKERA HAD SAID THEY DO NOT ASK WHY BUT ONLY ASK FOR THE HEIGHT.
    THE NEED OF THE HOUR WITHOUT GETTING KILLED BY GOONS
    ALL MAHA NAYAKES AND CARDINAL RANJITH AND OTHER RELIGIOUS LEADERS MUST ASK THE COUNTRY TO THE MAN TO SHOW PROTEST BY BEING AT HOME AND SHOW DISAPPROVAL PEACEFULLY THE WHOLE DAY.THE DATE TO BE GIVEN BY THEM.NO ONE CAN SHOOT YOU IF YOU ARE AT HOME.CHILDRWN PARENTS AND ALL WORKERS IN ALL CAPACITIES TO BE AT HOME NO BUSES AND TRAINS TRI SHAWS. ONLY ESSENTIAL SERVICES LIKE HOSPITALS TO FUNCTION.
    THIS WILL BE A GOOD MESSAGE TO THE RAJATHUMA WHO IS A SPECIALIST IN HIDING AND GETTING GOONS TO OPERATE AND THEN COME OUT AS A SAINT.
    THE COUNTRY AS SOMEONE WROTE EARLIER DOES NOT BELONG TO THE RAJAPAKSAS.
    WINNING THE WAR AND DOING ALL THAT IS DIRTY SHOULD NOT BE ALLOWED.
    THE NON STOP ATTACKS BY THE STATE MEDIA ONLY SHOWS HOW HE OPERATES AND THE DAMAGE TO THE POST OF CJ IS IMPORTANT FOR A COUNTRY WHICH RESPECT DEMOCRACY

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      I can very well understand your agony- I am telling you the numbers become masses that represent you soon.

      Having spent two weeks back in SL on my return I feel almost WITH WHOM I spoke BEAR the same view as you do about the ruling govt. Three wheeler driver, super market holders, shop holders or any one I met with on my way A to B and several others I spoke with reiterated even if the masses would disgree – they the Rajapakshes can do what they think is correct always. Asked why MR keeps silent whatever is being carried out by Mervin (perhaps, step brother of Rajapakshes, or women supplier for them), they say, almost everyone raises the question that has no answers. President himself seem to be not even speaking about even if Mervin and his forces would kill anyone on broad day light. Have we had this kind of governance under any previous rules is what many raise today. However, people stay mum further as if they have no voices or powers. This gave me an impression that there exists a kind of psychosis in the current day in SL. State media have still been speaking aboutthe war victory and the magical powers of the leader.

      Some praise the manner that GR is trying to keep the urbanities clean while the common man is asking – who would think about them. The poor of the country are the predominant majority, even if MR himself allocate billions of dollars from budget for sale of Lamboginis – so the helpless ask who would care of their badagini (hunger). As it is common in any country in the region – there do exist huge progress in telecommunication sector, but if the rulers would spend more for their corrupted activities, not respecting the masses- so the rulers are not at all acceptable.

      I happened to use southern high way 4 times from Kottawata to Galle and back, there I noticed myself, that it was not to international standards. Anyway, I enjoyed myself being able to see the surroundings while travelling. Road constructions work are being continued but there are cement posts on the edges of almost each road obstructing the space either sides.

      Private bus owners (drivers and conductors) behave as if all passengers are deaf. The music that they play cause ear damages easily, but none of the passengers in crowded bus stay as if they are deaf. Drivers handle all these not respecting their passengers. Even in late 80ties or before I have never experienced this in the country. SHop owners too switch on their music players so that the customers are compelled to reject going to them. I really dont know why the customers stay indifferent. All in all, the situation is unbearable. I believe, if the conuntry is being governed by idiots, people would feel, why not they can follow them…. no matter what they do, there seems to be no LAW – anarchy is governing.

      This is the country I saw bymself during the last two weeks. Sky high prices of whatever you buy – I felt, how could common man face it. They have mobile phone, but may be many of them cant afford to buy their 3 meals.

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    Al-Jazeera reports today that the President of Portugal has referred the budget passed by the Parliament to the Constitutional Court of the country. This is an example where it is accepted that the Parliament of any country which is an institution that takes decisions based on the political thinking of the majority cannot be always in keeping with the legality of the country’s constitution. Therefore Parliamentary decisions in democratic countries are referred to the Court which consists of people with legal knowledge for their determination. Of course the procedure differs from country to country but the objective is the same and there are no known serious clashes reported in other countries. The legislature and the executive have always respected the decisions of the Courts although they have expressed disappointment if such decisions obstruct their political objectives but they do not promote a clash with the Judiciary. Since the `1974 and 1978 Constitutions of Sri Lanka were framed with the sole intention of achieving political objectives, whatever they be, and not in the larger interests of the people and the country, there are several discrepancies and leave room for political manipulations. That is the tragedy of the country which has now come to light with the attempt to impeach the CJ. If there is honest and serious desire in the minds of the stake holders in the politics of Sri Lanka they should get together to take a step back in the current situation and endeavour to take constructive measures to introduce provisions that will ensure that there will be no clashes between the different institutions and that Judiciary is treated in high esteem because it is the Institution that could ensure that there is as balance in the functioning of the legislature and the executive.

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    Alas! These motherfuckers srilal, leela, villager all of whom are cocksuckers of mara and ass-donors for the regime 365/365 have their moments of conception leaning against lamp posts near dustbins in Maradana shanties and fetal gestation periods constantly being battered by syphilis and gonorrhea infected “jewel rods” hence they are genetically moronic and harbor hatemongering attitudes and behaviors in the civilized society. However their days are now nearing the end and these cockroaches would soon perish from the face of the earth along with their motherfucker living in the capital city.

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