By Colombo Telegraph –
Citing a lack of faith in the process and reiterating that a fair trial was not possible under these conditions, Chief Justice Shirani Bandaranayake and her six member legal team walked out of sittings of the legislative committee set up to probe the impeachment motion against her today.
Chief Justice
Consistently, the Committee probing the impeachment has refused to grant the Chief Justice and her lawyers time to file responses or laid out the procedure being followed during the trial by parliament.
Bandaranayake appeared before the Committee at 2:30 p.m. local time today and heated proceedings continued till nearly 6 p.m. before the Chief Justice informed her legal team that there was no point in continuing to engage in a process in which she had absolutely no faith she would receive a fair hearing.
The 11 member committee in which the Government is represented by seven MPs, continuously refused requests by the Chief Justice’s lawyers. During the previous sitting, lawyers for the Chief Justice had objected to the presence of Government Ministers Wimal Weerawansa and Rajitha Dissanayake on the committee since Bandaranayake had given rulings from the bench against both ministers and it constituted a conflict of interest. However at the beginning of proceedings Committee Chairman Anura Priyadarshana Yapa rejected this objection saying both Ministers could continue to sit on the committee. This ruling raised a ruckus with members of the opposition represented in the PSC objecting to the fact that the issue had not been deliberated on at all during Wednesday’s sittings of the committee, at which the Chief Justice was not present. Ministers Dilan Perera and Wimal Weerawansa repeatedly heckled and disturbed submissions by Romesh De Silva PC, the head of Bandaranayake’s legal team. Both Government MPs also repeatedly insulted the Chief Justice, calling her ‘baby’ and ‘nona’ and generally demeaning her.
Informed sources told Colombo Telegraph that Bandaranayake’s lawyers had requested a list of documents and a list of witnesses from the PSC to support the impeachment charges against her but the Committee had no major witness list to present. A big sheaf of documents were however handed over to the Chief Justice’s legal team although enough time was not permitted to peruse the documents which some lawyers said amounted to hundreds of pages. They said the PSC had also refused to allow Bandaranayake’s lawyers a chance to cross examine the witnesses cited in the documents. Instead the Committee Chairman requested the Chief Justice and her lawyers to appear before the PSC again at 1:30 p.m. tomorrow and respond to Charges 1 and 2 of the impeachment motion pertaining to alleged financial misconduct.
Senior lawyers said that refusal to allocate a defendant sufficient time to prepare a defence was a grotesque violation of the laws of natural justice.
The PSC will reconvene again at 1:30 p.m. tomorrow. If the Chief Justice does not appear before the committee, a decision on that issue will be made about what action to take, according to Deputy Speaker Chandimal Weerakoddy. Meanwhile, UNP representative on the PSC John Amaratunge told the media that the lack of procedure was hampering the process but said the UNP was not going to quit the committee since they should be there to fight till the end. However, there is no decision on whether to quit the Committee by DNA MP Vijitha Herath or TNA representative, R. Sampanthan. The opposition will make a decision on the matter tomorrow Colombo Telegraph learns.
There is speculation that the process to find the Chief Justice guilty of the first three charges is already in place. President Mahinda Rajapaksa last night called PSC Chairman Yapa and informed him that the judgment was ready and asked him to lead proceedings from today onwards. Yapa was informed that the verdict would hold the Chief Justice guilty on the first three charges on the impeachment motion which contains 14 charges against Bandaranayake. The PSC report – filed by the majority membership in the Committee, with or without the sanction of the opposition members is reportedly being readied for submission to the Speaker on Saturday (8).
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Chief Justice Has To Respond 1000 Pages By 1.30pm Tomorrow: ‘I’m Willing To Face Any Impartial And Lawful Tribunal’ – CJ
Peter / December 6, 2012
It is patently clear that she was not given a fair trial something even a murderer gets.This is the justice that many will experience if they cross the path of M R.
Judgement day will come soon or nature will do justice as truth ultimately triumphs.The country fell from the frying pan to the fire.
When one reads some of the comments one wonders whether to laugh or cry as they are such buffoons like the types who sit in judgement.
Thank you JR for what you left behind.
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Gemunu Wirasinghe / December 6, 2012
Yatawara needs to understand that Rajapakse regime itself is illegal having won the presidency and all subsequent elections abusing state property and thuggery.
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Senguttuvan / December 6, 2012
If CJ Yapa has been called by the Big Boss where the latter hands
over the Verdict to be delivered as alleged, do we need to proceed any more. Sri Lanka has now become the laughing stock of the world of jurisprudence as well. It reminds me of the joke years ago where a
Russian official goes to the Police and lodges a complaint the result of the next Elections has been stolen.
CJ Bandaranayake saw many denied justice during her tenure – like the case of the hundreds of Tamils who lost their properties to the HSZ and asked the Courts to intervene. But the SC merely delayed granting leave and, in other words, denied them their due and early justice. Even in the few instances Courts wanted these properties released the Army simply ignored the Courts – making our justice system a mockery many months ago. Now fate intervenes and teaches us many lessons.
Senguttuvan
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Maya / December 7, 2012
Well-said. CJ could have done a lot more for people,both Sinhalese and Tamils, if she had shown this much of courage previously.
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lalith / December 6, 2012
it looks like still there are goons supporting MR and his crooked lot including ww. ane apoyi sri lanka!
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Lewke Bandara / December 6, 2012
This is the true nature of low level Sinhalese people in villages such as MaRa.
If she was gulty why no allow public trial or observers?
Why not give her time to file answers to 200 page charge sheets
This is nothing but a vengeful attack – mervin silva statement said it all? Planned our by Basil.
As Buddha said — karma will follow all wrong doers. These Rajapakse people will some day have to answer to Karmaya :)
Village imbeciles in Sri Lanka have not learnt anything — even after 30 years of war
Truly a miracle of Asia
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lj / December 6, 2012
thawa issarahata honda honda sellam. mewwa hinda thamai paththara karainta duty free car deela weda elluwe.
prajathanthrawadaye lakshana putha. hoo. hooo. hoooo
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Uthungan / December 6, 2012
Why is the Minister of Justice keeping quiet when the CJ of the country is facing a show trial? If he cannot voice an opinion on an important matter such as this.He is like a dead snake.
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Diyawanna Sarath / December 7, 2012
Ha, Ha, ha…. the Minister of Justice is there only to protect himself. he is on a lifeline and hanging by a thread. He cant and wont dare open his mouth against anything wrong. Remember how he retracted and apologised for his comments on the Dambulla mosque affair after Paisa Musterappah criticised him in the press for sowing communal disharmony. Of course this Musterppah man was playing his usual dirty politicks game himself.
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Senguttuvan / December 6, 2012
lj – Rata ballangen poosata giya; Poosangen miyyata geella; Mekai
Thanikara Bauddha Sinhala angudwak pathkeruweth wennai; Jarawa thaama ivarawela netha.
Uthungan – I was thinking about this too. A man with a thick-skin this
F-Hakeem. I have written elsewhere MR should get rid of all men in his
Cabinet. The Bros have been running the Govt entirely on their own for sometime.
Senguttuvan
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Leela / December 7, 2012
“Meeyagen kotyata denda bahaaaiii.” Noooooooo not from rats to tigers.
Leela
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Sumith T / December 6, 2012
How these criminals (Wimalasiri Gamlath)and uneducated thugs investigate legal matters of CJ? This is the biggest joke in the 21st century.
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sanath / December 6, 2012
Ranil is playing the game well.. unless and until CJ is sent home Ranil doesnt have a case to prove. when this is done, Mahinda Jarapaksha will be known to be the only president who used exec power to unseat a CJ (NS case was very different, infact NS resigned). an objective look into this says this is a politically motivated prosecution!!!
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P.A.Samaraweera / December 6, 2012
It is time for the CJ Shiranie to step down. She knew that her husband was playing out money. So she is an accomplice. She had tarnished the image of the High Offie she held. There are 14 serious charges against her. She should go with dignity.
P.A.Samaraweera
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Kalu Malli / December 7, 2012
Samarey, being a wife doesn’t automatically make her an accomplice.
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Diyawanna Sarath / December 7, 2012
You are right. But it makes her an accomplice who chose to look the other way when her husband was [Edited out] state funds .
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Silva / December 7, 2012
Not the CJ but the whole bunch of lunatic regime including the brat president must resign and face charges and go to prison and gallows!
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Vishvamithra / December 6, 2012
THE BIGGEST PROBLEM FACE BY THE PEOPLE OF THIS ISLAND NATION TODAY IS LACK OF LEADERS WITH INTEGRITY. PARTICULARLY SINCE 1977, MOTHERLANKA HAS BEEN BETRAYED AND ITS DESTINY DESTROYED BY TO MANY DISHONEST, TWO-FACED MACHIAVELLIANS.THE INNOCENT PEOPLE HAVE SUFFERED ENORMOUS HARDSHIP IN THE HANDS OF THESE SELF-SEEKING AUTOCRATS WHO PREACHED MORALITY IN PUBLIC AND PRACTICED COMPLETELY OPPOSITE IN THEIR PRIVATE LIFE. THEY WERE SO DRUNK WITH POWER AND DARE TO USE ALARMING SUBTERFUGE TO MISLEAD THE INNOCENT CITIZEN. THE NEED OF THE HOUR IS NOT TO COMPROMISE WITH YOUR INTEGRITY UNDER WHATEVER THE CIRCUMSTANCES IT MAY BE AND STRICTLY HONOUR AND RESPECT YOUR OATH OF ALLEGIANCE TO THE CONSTITUTIONAL OATH AND STAY CALM AND CONTINUE TO COMMIT YOURSELF TO UPHOLD THE RULE OF LAW TO THE LETTER. SIMPLY WHEN THE WHOLE NATION IS UNDER SIEGE OF RAJAPAKSE-RANIL ‘DEAL’ THIS IS WHAT PEOPLE OF THE COUNTRY YEARNING FOR. PROBABLY YOU ARE WITHOUT YOUR KNOWLEDGE FACING AN ACID TEST THAT WOULD TAKE YOU TO THE HIGHEST OFFICE OF THIS NATION ‘THE EXECUTIVE PRESIDENT’ TO PUT RIGHT SO MANY WRONGS COMMITTED BY OTHERS.
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Sarath / December 7, 2012
THIS MAN IS A MONSTER AND WHAT IMPARTIAL ENQUIRY WITH THIS RASCAL.
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dsakuntha / December 7, 2012
Corrupted regime… but we still worship!
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Safa / December 7, 2012
Now it has been exposed that PSC is not a suitable body to inquire into this matter. It is proven for all the world to see. Hence Govt has to disband the PSC and have a Judicial Tribunal in line with the 2000 proposal. Otherwise withdraw the impeachment motion.
They cant subdue and lock up the CJ unlike in the case of General Fonseka. This illegal matter can be taken up and appealed even at ICJ. So Mahindas goose is cooked.
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Vishvamithra / December 7, 2012
The direction given to the ‘team’ seems to be to working; to make her annoyed and force to leave from the inquiry proceedings. And then to hold the so-called inquiry against her ex-parte (with only one side showing evidence) finding her guilty for whatever the charges read out to her and then pass the judgment as they pleased, finding the CJ guilty.Still it is not that easy, when the whole world is watching the drama unfolded.
The better common sense approach, as leaned people think, should have been to hold-on to whatever the deliberate unwarranted remarks made against her and then to make the four members representing the opposition to walk-off, on the basis that no fair trial was afforded to the Lady Justice, making it difficult to give effect to the hatched plan against her and to install some subservient person as the CJ. Good luck Sri Lanka.
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Remote Villager / December 7, 2012
Sri Lanka needs high caliber professionals who can stand for any unwarranted/unjustifiable situations. Please Hon. CJ you may face this situation with your high moral values and pure dignity since remote villagers are looking at you. Educated urban citizen, you may guide your professionals to educate the real truth in Sri Lanka…. Politician Vs. High Ranker in Public Sector..which category is the better one?
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sanath / December 7, 2012
P.A. Samaraweera is a joke! :) if MR offers the chairmanship of a leading bank to the husband of CJ does he not understand the conflict of interest in offering the position? PA Sam- no wonder you only write to Lankaweb :)
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sanath / December 7, 2012
It is unfortunate that most of the Sri Lankan fail to see issues objectively. One needs not wear the political lenses all the time to comment on a given current issue. Look at what is happening here… why can’t one object to the wrong decision made by MR and his gang and still be supportive of SLFP? i don’t understand.. let me point out a few;
1. Karuna who was responsible for killing 600 plus monks is a govt minister now- he was never prosecuted for the crimes.
2. KP who raised million of dollars which used to kill thousands of armed force personnel was never prosecuted- surprise surprise there’s no evidence to prove :)
3. Pillayan who bombed our sacred Tooth Relic in Kandy is a ADVISOR to honourable President. :)
4. Sarath Fonseka who spearheaded the armed forces to defeat the ruthless tiger outfil was sent to jail because he opposed the current leadership.
5. CJ is been prosecuted because she gave few decisions unfavourable to the govenment.
CJ is been alleged for financial misconduct. I wonder if you stand up MR & CJ next to each other and ask a kid “whom do you think is more corrupted?”.. hmm.. i’ll leave the readers to judge! :)
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Silva / December 7, 2012
sanath, OMG! Get real and find the real cause for all these in the bloody SLFP!
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Silva / December 7, 2012
Mere withdrawal from the Kangaroo court is not enough because MARA would continue with its scheme of converting the country into a complete autocracy and familial rule. This moment will decide the future of this country. With a judiciary disgracefully, contemptibly and illegally defeated and silenced and coupled with the Legislature too suffering from the same influence whatever their outward manifestations and translations each and everyone in this country including the posterity, the kith and kin, the very sons and daughters and their grandchildren of the very subjugated judges, lawyers, politicians including those of the very members of the PSC in the final analysis would from this moment onwards lose their fundamental rights, freedom, dignity, conscience, their inalienable rights won, protected and upheld by generations past and our posterity, yours and mine, would curse even on our graves that we let this thing happen, let these uneducated uncultured bastards inflict upon them through us this horrendous crime against humanity and human soul and spirit.
It is therefore of paramount importance that all the people in this country, the politicians, the professionals, the trade unionists, the religious leaders etc. within a short period of time join forces together, galvanize, blaze and spring forth the “Sri Lanka Spring” until this regime is demolished, destroyed and effaced from the face of this earth! Anything less, compartmentalized, particularly demarcated and sectarian would spell doom for everyone.
The modus operandi of MARA regime is very simple: sabotage and destroy everything democratic, usurp every power and right from the people, empower only the Rajapakshas and their henchmen, plunder everything for satiating their gormandizing, banal, swine and stupid appetites! The mechanism they employ is fear psychosis which they have tested during all this time-the destroying of Tamil’s freedom fight without providing any reasonable solution, the Nandikadal massacre, the white van slaughters, the Billa and grease devil saga, the Welikada prison massacre, the extra-judicial killings of arrested persons in police custody etc. They also use “official fear psychosis” to commit their crimes against the people. For example they have stuffed all the riff raff into government institutions, hospitals etc.: the drug seller has given an employment in the hospital, a moonshine seller given a lottery selling stall etc. for example and when they organized a fake protest campaign against CJ the other day those who involved in providing those illegal employments to unqualified persons telephoned the such beneficiaries and demanded or promised cash and otherwise rewards to bring a certain number of people-25 or 50 etc.-to stage the concocted protest. Those uneducated donkeys in the country who would sell their mothers, wives and daughters for a penny sold their own selves and future to display a fake opinion against the CJ. This is how that brat Mervyn Silva brought people for the protests. That Lotteries Board and Petroleum Corp. thief Sarana Gunawardena does that, all the other donkeys in the government do that. This is how they create this artificial mass support and opinion!
The Police are the most corrupt institution they use this tactic. The lowest ranked constable is afraid of the next higher ranked officer; he is afraid of the next higher ranked officer and so on. This automated, headless, mindless, shameful and degrading fear-psychosis cycle goes right from the bottom to the very top, the Rajapaksha dynasty. And they all carry out illegal and citizenry antagonistic orders due to fear of the next ranked officer and the fear of punishment, transfers, losing underhand benefits and meager salary! The judiciary was once there though in a different perspective when they passed inhumane judgments on Roshan Chanaka funeral on how to conduct it depriving the rights even of a dead body and the bereaved! Changing the attitude of the Police and the armed forces play the most important role in liquidating this regime.
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janaka / December 7, 2012
Who could blame this decent woman for walking out on the helping hambantota planted stooges who would sell their own mothers for Rs1000
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ගාමිණී / December 7, 2012
This comment was removed by a moderator. Please note the comment language is English.
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Aandrew Kanagaratnam / December 7, 2012
I’m so very sad that our country is going through this kind of hell. We have lost a fine opportune moment to set the country on a right footing right at the end of the war……instead what has happened is a nightmare. For 30 years the masses suffered due to the war and now this uncertainty…..when and where and how will it end, I fear the future. For everthing there is an end and nobody runs for ever. President Morsi of Egypt is realising it rather soon.
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Kotalawela Basher / December 7, 2012
Is it true that Sumathi of news paper fame and a Hena photographer, who lost money with Gk are assisting Basil ,the carrot is that they will be paid within the first quarter of the new year.. these people who have waited for a full four years to get their money back , naturally do not mind going any where and bashing Coconuts , that were paid for and transported by Sumathi!!!!
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L. perera / December 7, 2012
To carry a poster they were paid Rs.500 and malu pan. If you write against the CJ in this column you may get Rs. 5000. Not bad is not it ?
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Jim Hardy / December 7, 2012
A sham PSC who believes them.
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Gamini Dissanayake / December 7, 2012
Not as Lawyers /Judges but as layman they must respect to the priciple of natural justice, this is very sad situation,All laywers must get together atlease this time to safe guard the judiciary, because this threat is not only for the CJ but it would affected to the whole judicial system and the law and order in sri lanka.
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Kauda Raja / December 7, 2012
CJ withdrew because her consciousness knows well that she is guilty. All those people who are dreaming of a ‘Kethumathi Kingdom’ in SL; touch your heads and see whether something has started to grow outwards! Oya koi nonangeth killotawala adu wedi washayen hunu thiyenawa. Someone wrote that MR is guilty before CJ for appointing her and Kariyawasam. The learned doctor of law knows very well the education of the politicians. If she had an iota of self respect as a learned doctor of law, she should have persuaded her husband to not to accept those appointments. If he do not listen, she should have resigned herself as the honest, pure, santha dantha theentha kooduwa she pretended to be. This is the simple truth isn’t it. When things go wrong, there is no point accusing ‘stupid’ politicians. What else do you expect from south asian politics???
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Oh my God! / December 7, 2012
Hallo Kauda Raja, your Lokka pressurized CJ to get judgments in his favor…Everything will be revealed in time to come! Get ready to jump out of the sinking vessel!
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Sena / December 9, 2012
Kauda Raja!#? A pimp has self-adorned himself as the Raja!!! No wonder this whore kauda raja is rejoicing about it becuase a mimp like MARA has breeding relationship to whores like this wirter!
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De Silva / December 7, 2012
This committee is like Prabakaran’s “Kangaroo” court. The language of this “meeharak” politicians is not the same as the decent language used in a court of law.
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PT Dinal / December 8, 2012
See kauda raja’s comment above. Don’t talk about “Stupid” politicians, but talk about their behavior at the PSC.
All LADIES who are reading this comment. As Female voters who voted for UPFA, can you vote again to them, as seeing and reading how they insulted a woman(longly) by SEVEN GENTLEME AT A “JUDICIAL CPMMITTEE”
The Chairman “DIDNOT” take any action to stop them. It shows these insults came from “MOST ABOVE” position. Think yourself before voting in future..
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