22 September, 2018

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Independence Of The Judiciary & The BASL On Hybrid Judges

By Sarath Wijesinghe

Sarath Wijesinghe

Sarath Wijesinghe

Independence of Judiciary concerns the entire judicial system as, when the judges are not independent, not quality and not living up to the expectations, the administration of justice will collapse. Judges are charged with the ultimate decisions over life, freedoms, rights, duties, and property of citizens. The 6th United Nations Congress called upon the Committee to create guidelines relating to the independence of judges and selection of professional training and status of judges and prosecutors. This system trickles down to all jurisdictions worldwide. Judges are bound to decide matters before them impartiality on the basis of facts and in accordance with the law without any restrictions, or improper influences. Our Judicial system is advanced and stands above any world system though there were unfortunate black patches from time to time such as the era of Sarath N. Silva – the most controversial Chief Justice to lead the Judiciary in Sri Lanka. Supreme Court was established in 1801 during King George and the great traditions and reputation are maintained to date. Our Judges and Lawyers have served in United Nations affiliated bodies and governments respected by the world at the highest esteem.

Judges SCOur judiciary is protected constitutionally and remunerated well with all facilities up to the status and standings of a judge who should be economically sound to maintain independence and independent from pressure from Executive or the Legislature. It is accepted that everyone shall have the right to be tried by ordinary courts or tribunals using established legal procedures. The term of office – their independence, security, adequate remuneration, and conditions of service, pensions and the age of retirement shall be adequately secured by law. Promotions should be based on ability, integrity, and experience. We are fortunate to have judges/judicial system well equipped with all these ingredients second to no other country. We are now free from Privy Council and free to be tried by our own judges who are conversant without culture and say of life. There is news of impeachment of two Supreme Court Judges which is worrying as it will send wrong signals to the international brotherhood when we are in a controversial situation after having agreed to a compromised resolution on the Human Rights issue. There were attempt to impeach Neville Samarakoon and Sarath Silva which did not proceed to the end. As our superior and ultimate court is the Supreme Court, it is our duty to maintain the respectability and continuity of the highest court established on 1801 court structure and the system of administration of justice.

Fearless Judges

In Sri Lanka from the inception of the system of governance, the principle of separation powers were in existence and the three branches namely the Executive, Legislature and Judiciary, preformed their duties in harmony except for few instances of turbulent situations. Chief Justice Neville Samarakoon had differences with His Excellency JR Jeyawardene who appointed him from the unofficial Bar to be the Chief Justice. He was an outspoken, honourable and fearless judge who went through a turbulent period with the Executive. But that particular incident has not damaged the continuity of existence of separation of powers and the co-existence among the three branches of the Government. Impeachment of EX CJ Shirani Bandaranayake was an unfortunate situation which should not have taken place. Young and energetic academic judge was misdirected and misled by left oriented political party and some lawyers backed by NGO’s with different and political agenda. Removal of EX CJ Mohan Pieris – an excellent Judge and a leading versatile lawyer by a mere letter from the Executive on the basis he was not properly appointed as the Chief Justice is the most unfortunate blot in the annuls of the Supreme Court history. Apart from these isolated incidents since 1801, we can be proud to be one of the advanced and independent judicial systems in the world with great jurists in the calibre of Justice Professor Weeramantry who was elevated to the position of the Deputy President of the World Court. In short we are blessed with judges of world standard to cater the needs of this educated Nation.

Legal system

Sri Lankan legal system was originally a combination of Roman Dutch and English Law. The present system of judicial administration and organization is based on the current Constitution introduced in 1978 apart from the personal laws in existence. No changes to the judicial system were made under the recent changes to the Constitution with the changes of the government towards Good Governance popularly known as “Yahapapalaya”. The Judiciary comprises of the Supreme Court, Court of Appeal, Provincial High Courts, District Courts, Magistrates Courts and Primary Courts. The Supreme Court is the highest court headed by the Chief Justice of and other judges. Infringement of any fundamental rights declared and recognized by Chapter 3 or 4 will have a remedy where Article 126 of the Constitution has exclusive jurisdiction to hear and determine any questions relating to infringement or imminent infringement by an Executive or administrative action. Human Rights activism gradually developed the human rights jurisprudence, with the knowledge on Conventions Covenants and Human Right instruments which are being directly indirectly and tacitly imported to Sri Lanka. Comparatively Sri Lanka has largest number of Non-Governmental Organizations (NGO’S) Human rights Activists Organizations in a developing country. NGOs found Sri Lanka a fertile ground to live and enjoy being one of the most beautiful and islands in the world with affordable cost of living for their NGO activism. Some were engaged in religious conversions mainly concentrated in villages, some engaged in business enjoyed the luxury of the country with powerful dollars and pounds against Sri Lankan rupee. It has been the general belief that they have misused the polite and good nature of Sri Lankan and economic backwardness of the rural polite.

Judiciary and the Bar Association

Bar Association is the only recognized professional body for Lawyers who will atomically be enrolled as a member of the BASL as a right on the enrolment as an Attorney-At-Law of the Supreme Court. BASL membership is exclusive for the lawyers. It is a powerful profession consist of members who are extremely powerful in the political business administrative and judicial arenas. Judges are selected among the lawyers and promoted to the higher positions on seniority. Attorney General is the leader of the Official Bar and the President of the Bar Association is considered to be the leader of the unofficial Bar. Therefore BASL is expected to maintain independence which they jealously guard and protect until recently when there are attempts to import political affiliations and external interventions indirectly and tacitly. BASL appear to have taken part in the Regime change process led by then leadership by making statements, organizing press conferences on matters outside the purview of the BASL, for which they appear to be amply compensated. The union of the Bar Association with the American Embassy has raised the eyebrows of the membership and the public as from time immemorial the independence of the Bar , was maintained by the Bar Association which is a statutory body recognised by the State and the Judiciary. Dealing with Embassies and receiving funds and assistance is prohibited and unprofessional by this most respected and respectful profession and professionals proud of being independent. Sorry state is the silence of the membership and enjoyment the privileges and foreign funds with no hesitation as fat cat NGOs powerful in Sri Lanka. We should maintain friendly relations with our close friend USA with care who is a world power with hidden motives and agendas in favour of their Nation as it is natural for them to be pro USA as much as we are pro Sri Lankan. As an independent professional body we should be whiter than white and be cautious with dealing with powerful world powers.

Hybrid Judges

This is a term used after the proposed resolution of the UN High Commissioner of Human Rights on Sri Lanka in view of the annual human right sessions. UN Human Rights Commissioner proposed international judges when Sri Lanka proposed Commonwealth and foreign judges- not international judges to the Hybrid courts suggested by the proposals. It is difficult to differentiate foreign and Commonwealth Judges from international judges as any way the foreign and commonwealth judges too are international judges. The High Commissioner of Human Rights in the UN is a Prince from Jordan – a Middle East Islam State headed by King Hussain – a close ally of USA expects Sri Lanka to import international judges from other jurisdictions, when we maintain highest judicial standards on legal education in our respected and sophisticated legal system second to no country in the Globe. When Sri Lanka is armed with a highly developed legal, administrative, and a system of governance with an educated workforce and jurists above many Asian counterparts, it is unnecessary to import foreign Hybridge Judges whose thinking is different and has prejudicial briefings by interested parties. We are on a bad wicket now as we have already agreed in principles for the resolution adopted in the Human Rights Council agreeing to foreign judges and jurists to intervene and interfere with the newly proposed hybrid mechanism. We are self-sufficient with the highest standards on legal knowledge jurists advanced legal and administrative system no second to any part of the world.

Measures by the BASL on Regime Change process

BASL was active in political activism with the media by organizing press conferences and issuing statements on the matters outside the purview of the BASL objects and traditional duties. The previous BASL administration was vociferous and active on regime change process for which they are amply compensated by the appointment/s of the most powerful financial and investment organization in the Business world in Sri Lanka. Now that Sri Lanka has agreed on a mechanism with Hybrid Judges there will be additional funding from the international brotherhood of $ 337.800 for the implementation mechanism of the resolution, for Judges, Lawyers, Prosecutors court systems and implementing centres with a Colombo Office and branches with staff with Diplomatic immunity to implement the decisions taken and to implement the mechanism. But as the UN EU and internationals are slow in action, tis mechanism is bound to be the same and there is a possibility to take a long period as has taken place in similar mechanisms in the other parts of the world. Our experience in such international courts is that it takes few decades for the completion of the trials and the mechanism will be in Sri Lanka with all facilities and diplomatic privileges until the end of the trials and even thereafter to supervise the implementation as envisaged in the resolution.

BASL leaders may have taken the cover of Article 2 C states as follows; “The consideration of matters of national importance relating to the rule of law and administration of justice and if need be, making of representation thereon to the Government and/or any other relevant authority and taking any further steps in respect thereof including faking of actions and intervening in actions in Courts of justice” The MOU/Trust Deed entered into may have been under the cover of this clause as all other objects of the BASL are on the membership and connected matters. Never in the history of the Bar Association and the Law Society this kind of activism has taken place outside the preview of the professional body and it is time to be cautious in the future to be whiter than white.

US Aid Funds for the Bar Association

US Aid Development Funds for the Bar Association – MOU/Trust Deed appear to have signed between the BASL and the USA Ambassador Her Excellency Michale Sission, then Ambassador on USAID scheme to help civil society initiatives, strengthen democracy, democratic institutions, rule of Law, help administration of justice and varied matters. Enormous sums of funds have been pumped to BASL, which is continuing to date with staff currently working hand in hand with BASL staff. The danger is the possibility of free access to the Date Base and important confidential information of the members of this powerful professional body consists of most powerful personalities in Sri Lanka including the Executive, Legislature and judiciary which is a worrying situation. Where the USAID staff on this projected is stationed is a matter of an important topic at Hulftsdoorp. Is it safe for us to expose our data bases and important information of the most powerful professional organisation with most powerful personalities in the country to an outside interested parties is a matter we have to consider in a broader spectrum outside political racial and other considerations.

Way Forward

It is time for the BASL, OPA, and other professionals/organisations and national minded civil society to plan out a strategy to sale through this difficult voyage on our decisive era in the main cross roads in our history keeping all political and other differences aside in the interest of the Nation in crisis. It may be that the people concerned needs guidance and directions of the professionals and intellectuals when the governance is lacking in such row materials and ingredients. We have a battery of competent and world reputed intellectuals and educated in Sri Lanka and worldwide who will be prepared to assist the Country. Lawyers and Professional have a main role to play in this crisis. If we are trapped to interested parties and world powers, it will be for ever as the international instruments enforced in the guise of the resolution will have a long term binding effect on us for which we are too weak to resist or to correct in future. We deal with human beings who are selfish and have strong love towards their nations. Leaders of counties and international organisations are selfish to themselves, their countries and organisations as their primary concern is them their country and rest secondary. Therefore we have to take our own precautions for which we are competent. We were cheated by Portuguese, Dutch and British. India imposed us the Indo Sri Lanka Accord with the power of the Indian army and the regional power. FTA and the proposed CEPA with India may be a “Trogon Horse” with a threat of indirect invasion for employment and business We are a fortunate beautiful country existed over five thousand years next to a giant neighbour still independent and leading as a prosperous developed country leading to be a leading HUB in the Indian Ocean. There are no comments by the Bar Association, OPA, or from the civil society except for handful, on the FTA, water, junk food, environment pollution in large scales and CEPA which will have direct effects on the lawyers and professionals, and the UN resolution on Sri Lanka proposing Hybrid Judges and number of proposals which involves direct and indirect external intervention. It appears that the BASL and the media has self-imposed censorship on matters of public and national importance. It is time to think of the nation without petty political or racial issues for a better future for our children and the motherland.

*Sarath Wijesinghe – a former Secretary of BASL and Administrator of the Legal Aid Commission – former Sri Lankan Ambassador to UAE and Israel under the Rajapaksa regime

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Latest comments

  • 2
    2

    What is this gentleman trying to say? My God! his language and ideas sound GOBBLEDEGOOK ! No wonder Rajapakse found an intellectual giant like him to represent this great country as envoy in Israel & UAE. Yatha Raja
    thatha praja, says a Sanskrit maxim.

  • 6
    1

    I did a second take when I read the following:

    “when we maintain highest judicial standards on legal education in our respected and sophisticated legal system second to no country in the Globe. “

    Yes, we are second to none :)

    However, all was revealed when I read the byline:
    “former Sri Lankan Ambassador to UAE and Israel under the Rajapaksa regime”
    (emphasis mine)

    That explains everything !!

    If you want to know about our “wonderful” judicial system I suggest one read Rajan Hoole’s books or even better read Kishali Pinto Jayawardena in the Sunday Times (esp. last week) !
    You will then learn about our judiciary well !

  • 2
    1

    …Sri Lanka to import international judges… when we maintain highest judicial standards…

    My foot !

  • 2
    1

    This writer Sarath Wijesinghe is -former Sri Lankan Ambassador to UAE and Israel under the Rajapaksa regime-

    No point in talking about this guy’s independence, impartiality on what he says or his judgement on Sri Lankan judicial system or Hybrid courts.

    Just a waste of time

    • 2
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      His ideas are really jokes:

      There is hardly any integrity in the Sri Lankan justice system.

      Just like how they perverted democracy, they did it to justice too.

  • 2
    0

    This man describes ex-SC CJ Mohan Pieris as an excellent judge forgetting how he lied in the UN about murdered journalist Ekiliagoda being resident somewhere in Paris.
    Beside that when he is boasting about the type of legal training,it would have been of interest for us to know his view about how Namal Rajapakse the ex- President’s son was permitted by the Law College Principal to sit for his final exam in a comfortable air conditioned room with a computer, notes and book for reference when other students were answering their exam papers seated with none of that in the exam hall.

  • 0
    2

    This man is critical of Sarath N Silva as the former CJ had [Edited out]. MR respecting the judgement appointed this man as our ambassador to Israel and UAE!
    No one is perfect but former CJ was a legal luminary unlike crap Sarath Wijesinghe. I have learnt a lot by reading the judgements given by Sarath N Silva in NLR reports. I think a very few can match his professional ability. May be Dr. Nihal Jayawickrema can match this great man. He is great in his knowledge of his discipline and I do not know about other matters.
    [Edited out] and Sarath Wijesinghe have only brought disrepute to our judicial system.

  • 0
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    This is an article would have been in the dustbin full of garbage unless for the very mere final sentence.
    It would have been a better article if the CT has edited out the rest!

  • 2
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    This is an article would have been in the dustbin full of garbage unless for the very mere final sentence.
    It would have been a better article if the CT has edited out the rest!
    A reflection of Mara has just started shivering!!

  • 3
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    Sarath is a classic reflection of our current judicial system. Political animal to the core under MR. If I remember correctly he was at the CAA as well as a political appointee.

    We have no judges of quality now. Ask them to write a judgment and then you will see quality of judges.

    What do you expect when the whole system has crashed? 700 plus lawyers pass out every year from Law College. They come from Law College, Open UNI, Govt Unis, Private teaching institutes and from overseas. Most of them cannot speak English and cannot find work.

    We need a complete overhaul of the judiciary and it should start with the supreme court and CoA.

    Hopefully Ranil can deliver.

  • 2
    1

    The average Sri Lanka citizen has no faith in our justice system, and that is what matters.
    65,000 cases clog the judicial system, and litigants have to wait for years for judgements and spend large amounts of money.
    The first encounter between a person arrested and produced before a magistrate, instils no confidence either.
    The magistrate does not converse with the accused in private before he is produced in court, as is required by law.
    Obvious injuries, distress & disabilities on accused are ignored and remand rather than hospitalisation is ordered.
    Magistrates are in collusion with police about progress/investigation of cases.
    The glorious traditions of supreme court do not filter down to the lower levels.
    Citizens need speedy and caring justice, and do not desire to be treated like a second class citizens in courts.
    Abroad, all accused are seated in court with their lawyers during proceedings – not caged like animals in court.
    The judge sits at almost same level in most courts, though separated by space and wooden barrier and the court is a zone of silence and calm, unlike is Sri Lanka, where it is like a marketplace.
    Now, all produced under the PTA are automatically remanded without even a question to the accused – this does not happen abroad.

    The judicial system has utter contempt for the average citizen – not those ‘above average’ like politicians & super rich.
    This has to be corrected.

    • 0
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      [Edited out]

  • 1
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    For every honourable, wise and fearless Sri Lankan judge (both past and present) you can name, it is possible to name ten unprincipled, corrupt and boot-licking Sri Lankan judges (both past and present).

    So, your argument goes out the window!

  • 0
    0

    “Now that Sri Lanka has agreed on a mechanism with Hybrid Judges there will be additional funding from the international brotherhood of $ 337.800 for the implementation mechanism of the resolution, for Judges, Lawyers, Prosecutors court systems and implementing centres with a Colombo Office and branches with staff with Diplomatic immunity to implement the decisions taken and to implement the mechanism.”
    I think Sri Lankan govt should meet these expenses as we have agreed for the mechanism. This would make the govt to be not under obligation to the foreign fund providers as being alleged by some. I am sure the Sri Lankan people will not grudge this expenditure as this is the best solution to dispel any suspicions.

  • 1
    0

    This author must have come from the Mars. Even a high school kid knows how coorupt our judicial system is. This is just not under Rajapakse regime even before that. Ever heard of a joke called “Sansoni commission”?

  • 4
    0

    The war crime. crimes against humanity. genocide are the crimes in the global village. they have to be examined under the law of humanity. They are not confined or concerned to one country. discussed and judged on a different platform. the rulers, governments or the countries are the accused. the scope of crime does not come under the laws of one country. The Sri lanka law does not have the standard to inquire these crimes. all have to come on the International arena.

  • 1
    0

    The judiciary from top to bottom is rotten. The lawyers are the worst culprits. A country in which a lawyer can write a illegal deed and then has the power to withdraw it as I found to my disgust cannot be practicing the rule of law. The victim has no recourse except to go to court for many years. The judiciary and the lawyers need to be observe certain ethics and accountability. Unfortunately they are above the law and the rule of lawyers is destroying the rule of law. If it is to reform the Minister of Justice must not be a lawyer.

  • 0
    0

    Sinhalese politicians may think they were able to get away from war crimes. Wait and see what Rudrakumaran is up to. He can call any nation to book people mentioned in the UN report against war crimes.

  • 1
    0

    Vas
    “The judiciary and the lawyers need to be observe certain ethics and accountability”
    There is Traditional professional ethics for any professional in the world. You do not need a special ethics. But SL professional of any kind observe separate ethics and unaccountability where accepting some form of bribes. favours , sexual faVOURS and doing a second job during the time hours of the first job is legal and ethical.

  • 1
    0

    Pacs,
    Sorry, The lawyers are the guardians that protects the citizens against injustice. Quite frankly lawyers in this country do not protect the citizen but prolongs their agony by prolonging the cases. I am sure unprofessional behaviour is not confined to lawyers. But lawyers are the protectors of the civil society and their practice unfortunately does not come up to standards expected. No wonder the public call them NEETIGNA HORU and going to hospital they say KADETA YANAWA equating it to a business.

  • 7
    1

    Sarath Wijesinghe

    Independence Of The Judiciary & The BASL On Hybrid Judges

    *** I dont know which Planet you have landed from. But one thing is certain and that is you have Landed on the Planet of the Apes.

    You were a Secretary of BASL. Where were you when Dr.Shirani was unceremonioulsy removed. I am sure you were answering Natures call inside Mahinthas TOILET.

    Let me analyse your account for what is is worth( or shall I say not worth).

    1) Independence of Judiciary concerns the entire judicial system as, when the judges are not independent, not quality and not living up to the expectations, the administration of justice will collapse. Judges are charged with the ultimate decisions over life, freedoms, rights, duties, and property of citizens.

    *** So why did Mahintha control everthing and how justice was delivered. JOKE.

    2) Judges are bound to decide matters before them impartiality on the basis of facts and in accordance with the law without any restrictions, or improper influences. Our Judicial system is advanced and stands above any world system though there were unfortunate black patches from time to time such as the era of Sarath N. Silva – the most controversial Chief Justice to lead the Judiciary in Sri Lanka.

    *** You say bad pathces. My friend it was Corrupt from Top to bottom.
    Examples; How justice was delivered to Krishanthi, not delivered to Isaipriya, Thajuin and many others.

    3)It is accepted that everyone shall have the right to be tried by ordinary courts or tribunals using established legal procedures.

    *** So why havent you tried any of the surrendered LTTE fighters and release them instead of killing in Cold Blood. Even Prince Zeid has accused GOSL of many secret Army Camps where they are locked up.

    4) Promotions should be based on ability, integrity, and experience. We are fortunate to have judges/judicial system well equipped with all these ingredients second to no other country.

    *** Wrong my friend. You are at the bottom of the pile. Promotion depends on how hard you can lick the Boot of people like MR.

    5) We are now free from Privy Council and free to be tried by our own judges who are conversant without culture and say of life.

    ***That is why UN has reintroduced a Hybrid Court because there is no Trust.

    6) Fearless Judges

    In Sri Lanka from the inception of the system of governance, the principle of separation powers were in existence and the three branches namely the Executive, Legislature and Judiciary, preformed their duties in harmony except for few instances of turbulent situations.

    *** What did you have under MR. Man everything was moulded into one. The King delivered Justice from a TREE inside the TEMPLE called Temple Trees.

    7) Impeachment of EX CJ Shirani Bandaranayake was an unfortunate situation which should not have taken place. Young and energetic academic judge was misdirected and misled by left oriented political party and some lawyers backed by NGO’s with different and political agenda.

    *** So you attribute her removal was inevitable as a result of trying to bring back COMMUNISM through the back door when MR was partying with Gadafi.

    8) Removal of EX CJ Mohan Pieris – an excellent Judge and a leading versatile lawyer by a mere letter from the Executive on the basis he was not properly appointed as the Chief Justice is the most unfortunate blot in the annuls of the Supreme Court history.

    *** If it was me I wouldnt have even written a letter. I Would have told him over the phone to Pi.. off.

    9) Hybrid Judges

    This is a term used after the proposed resolution of the UN High Commissioner of Human Rights on Sri Lanka in view of the annual human right sessions. UN Human Rights Commissioner proposed international judges when Sri Lanka proposed Commonwealth and foreign judges- not international judges to the Hybrid courts suggested by the proposals. It is difficult to differentiate foreign and Commonwealth Judges from international judges as any way the foreign and commonwealth judges too are international judges.

    *** I take it that your analytical skills are very limited and have gone to bed. Let me enlighten you.

    International Judges proposed by UN
    Commonwealth and Foreign Judges. Proposed by Sinhala Lanka.

    The difference is obvious to anyone. What Sinhala lanka proposed was people like Desmond the banished who will do anything for Blood Money. He will give you a blank sheet and you fill it and he will certify it with eyes closed.

    10) When we maintain highest judicial standards on legal education in our respected and sophisticated legal system second to no country in the Globe. When Sri Lanka is armed with a highly developed legal, administrative, and a system of governance with an educated workforce and jurists above many Asian counterparts, it is unnecessary to import foreign Hybridge Judges whose thinking is different and has prejudicial briefings by interested parties.

    *** Let me give you a Commercial advice. With Tea export dwindling you have a new highly lucrative material. Export it man

    11) We are on a bad wicket now as we have already agreed in principles for the resolution adopted in the Human Rights Council agreeing to foreign judges and jurists to intervene and interfere with the newly proposed hybrid mechanism.

    *** It is not a bad wicket but a dodgy one.

    12) We are self-sufficient with the highest standards on legal knowledge jurists advanced legal and administrative system no second to any part of the world.

    *** I have read articles from your Deans , Profs , Doctors and other intelectulas and their efforts are Abysmal.

    13) Measures by the BASL on Regime Change process

    *** Dont try to claim credit. We the Tamils booted out the King the most corrupt the World has ever seen.

    14) India imposed us the Indo Sri Lanka Accord with the power of the Indian army and the regional power. FTA and the proposed CEPA with India may be a “Trogon Horse” with a threat of indirect invasion for employment and business We are a fortunate beautiful country existed over five thousand years next to a giant neighbour still independent and leading as a prosperous developed country leading to be a leading HUB in the Indian Ocean.

    *** I am sorry you are a Colony again. PALAM is being built to connect so that we can hear the sound of ” Kada Kada Loda Loda Vandi”.

    My verdict the Sri Lankan Judicial system is Primitive ( as confirmed
    by the UN Chief ) and Corrupt.

    • 1
      0

      I would add:-
      Re. “Mohan Peris – an excellent judge and versatile lawyer………….”

      Mohan Peris CJ said at the case of relatives claiming damages for the beaten-to-death at Vavuniya Prison of Nimalaruban that he “was aware by ‘personal knowledge’ that Nimalarubin was a ‘terrorist'” and refused the claim.

      If judges decide by “personal knowledge” rather than by evidence led before court, what use are courts of law ?

  • 1
    0

    Stupidly arrogant essay. The idea of highly advance system of law and legal education is a joke. There has been a downward spiral that has taken place. Few understand Roman Dutch law now which is supposed to be the system of law. It is taught in Sinhalese and Tamil with hardly any text-books or competent teachers. This guy must be from Mars. Who says Sinhalayas have not been to Mars. Every Chief Justice in the recent past (except Sri Pavan) owed his or her appointment to a politician. Corruption reaches the very bottom for we know that Law College exams are not conducted according to rules. Without entering into whether or not the hybrid court is a good thing, the fact is that our judiciary is rotten and needs reform. You look at the collection legal eunuchs in their horse-hair wigs and you can laugh out aloud. Even the Indian judges do not follow such colonial customs any more. The Sinhalaya wants to cheat his people. Talk of Sinhala greatness to fool the poor and among the rich be as colonial as possible. Dress in horse-hair wigs, send children to England, have foreign accounts etc. Come off this tomfoolery. Try to reform the failed systems-the administrative, the legal and the diplomatic- all of which have been subjected to corruption.

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