14 December, 2019

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Inside Story: Ranil, AG’s Dept Buckled Gota’s Case

Serious concerns have been raised with regard to the conduct of the Attorney Generals’ department which resulted in Gotabaya Rajapaksa being granted a wide ranging interim relief, preventing his arrest from ‘any state officer’.

PM Ranil Wickramasinghe,Minister of Public Order John Amaratunga and former Defence Secretary Gotabaya Rajapaksa | File photo

PM Ranil Wickramasinghe,Minister of Public Order John Amaratunga and former Defence Secretary Gotabaya Rajapaksa | File photo

The case is set for objections by the state on July 17th and the next hearing is set for October 6th. However, no date has been given for counter objections by the Petitioner Rajapaksa. Under usual circumstances “final determination” of a Fundamental Rights Petition takes a minimum of two years due to procedural lags in the system.

Earlier the Colombo Telegraph reported that Prime Minister Ranil Wickremesinghe was instrumental in preventing the arrest of Rajapaksa.

The actions of the AG’s department looked blatantly politicised during the regime of ‘de-politicisation’ and good governance, with the premier and the AG’s department acting hand in glove in order to protect the political interests of the latter.

The bench hearing the Petition seemed to have been ‘fixed’ with Sarath De Abrew whose conduct had been continuously questioned to the extent that there were no cases assigned to him for a long period while he was a Judge of the Court of Appeal, was a member of the bench.

Both Abrew and Eva Wanasundera the former Attorney General have been staunch supporters of the previous regime, with the only seemingly neutral judge Buwaneka Aluwihare opting to recuse himself from the bench.

Manouevirng the benches of the higher courts is a widespread practice among practitioners in Hulftsdorp, with instructing Attorneys and the registry of the higher courts playing a ‘behind the scenes’ role in ensuring that a case is called before a preferred bench, the Colombo Telegraph learns.

Furthermore, two out of the three lawyers, Romesh De Silva PC and Sugath Caldera have been avowed supporters of the United National Party.

Ali Sabry PC the former Lawyer of Rajapaksa was junior to De Silva during the hearing.

The Colombo Telegraph reliably learns that Deputy Solicitor General Arjun Obeysekara, willfully did not address the issue of interim relief and instead completely ignored the interim relief prayed for by the Petitioner.

Obeysekara had addressed the court on the legality of the Financial Crimes Investigation Division (FCID), while the interim relief prayed for was “prevent his arrest” encompassing much more than what the Petition and De Silva supported yesterday.

The Colombo Tepegraph learns that while De Silva was addressing issues on the legality of the FCID and on the innocence of Rajapaksa with regard to the Lanka Hospitals share transaction, MiG Deal among others, Obeysekara failed to respond to any of them.

The Colombo Telegraph earlier reported that the Interpol had informed the Lankan authorities that a Company which came into the spotlight after the MiG Deal was highlighted did not infact exists.

Colombo Telegraph learns that none of them were brought to the attention of court, while the Petitioners only relied on material available through the media, including articles published by the Colombo Telegraph.

“The Lawyer for the Attorney Generals didnt event touch on the magnitude of what was being asked. He didnt even ask court to confine it to “arrest by the FCID”. Instead he spoke of the legality of the FCID, when the entire country knew that he was seeking an interim order to prevent his arrest” an observer told us.

The Colombo Telegraph also learns that despite having being given the file pertaining to the case days prior to yesterdays hearing, the Lawyer had not been able to distance the IGP from the statements made by Rajitha Senaratne.

De Silva had told court that the National Executive Council had ordered the arrest of Rajapaksa in February citing an article in the Dinamina newspaper.

“The National Executive Council completely denied what the Dinamina had reported on the very next day. It was flashed across every newspaper. Not a word of this denial was spoken about by the AG’s. Instead all that was said was that they cannot take responsibility for the statements made by the Minister, which is nonsense. The denial by all members of the NEA especially that of Anura Kumara Dissanayake should have been brought before court” our source said.

The fact that Rajapaksa had not been arrested four months since the publication of the article, is enough evidence against the assertion that Senaratne’s statement will influence the investigators.

The Colombo Telegraph learns, that the basis of the Petition was that Rajapaksa would at all times make himself available for questioning, and that he would not influence the investigations in any way.

Rajapaksa had asked for the interim order preventing his arrest, based on the above two facts.

However, the Colombo Telegraph and every other institute and institution in the country and globally is aware that the entire state machinery is still run by lackeys of the Rajapaksas.

“This man has been accused of whitevanning. 13 Navy persons have been arrested as of now with regard to abductions. The AG’s department had access to all this information. Isn’t it laughable to think that he cant influence investigations when the many of those being investigated are still filled with those who Rajapaksa appointed?. Couldn’t they have brought this to the notice of court, at least for the sake of argument?” we were asked.

Earlier Navy persons attached to the East were arrested for abducting youth on the orders of Rajapaksa, while Minister Mervyn Silva went on record and and complained to the Criminal Investigations Department regarding Rajapaksas involvement.

The Colombo Telegraph was told that none of the above were brought to the notice of court and instead the Attorney Generals department argued only on the legality of the gazette establishing the FCID and the procedure of arrest of a person.

The wide ranging order necessarily means that Rajapaksa could not be arrested by any arm of the state for any complaint and is not confined to investigations carried out by the Financial Crimes Investigations Division.

A very high ranking source from the AG’s department speaking on anonymity due to personal reasons, told the Colombo Telegraph that the actions of the department in the case is a clear indication of the extent of politicisation of the department under the new ‘good governance’ regime. The source said that DSG Obyesekara had been reluctant in undertaking the case for reasons best known to him but was compelled to by the powers that be.

An observer said that the people who voted for this government and those who didn’t are not calling for the arrest of the former Defence Secretary and instead is fully supporting of the move to implement the law as it should be. But there is serious concern regarding how ‘these well mannered gentlemen pawn their integrity’.

Related posts;

Exclusive: Ranil Prevents Gota Arrest

Exclusive: Attorney General’s Recommendations On Gota Arrest: Full Text

MiG Deal: Rajapaksas Paid US$ 10 Million To A Ghost Company: “No Company Called Bellimissa” – Interpol Confirmed

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Latest comments

  • 27
    13

    It’s not only the corrupt Rajapaksa clan who should be wiped out of politics, but also the opportunistic nephew of the Old Fox, Ranil Wickremesinghe, if this country is to move forward. Do not trust Ranil; he is ruthless and heartless and would stoop to any level to retain power.

    • 13
      2

      Et Tu brute, Ranil is a lame duck….please give a name of a honest politician in SL??will that country ever turnaround not with the current lot…high in bullshit low in substance that is politicos of today…totally disillusioned.

      Ric

  • 9
    17

    Namaste: “However, the Colombo Telegraph and every other institute and institution in the country and globally is aware that the entire state machinery is still run by lackeys of the Rajapaksas”.

    But directed by Indian Empire’s Governor Chandrika, Kankani Ranil and Coolie Sirisena. Jai Hind

  • 25
    1

    We do not know who this writer is, but he or she too is greatly politically inclined and partisan. We prefer non-partisan opinions in the media please.

  • 4
    4

    When MR was president he used to instruct the Supreme Court judges to make a determination in a case within 24 hours or 48 hours if he felt it was urgent.

    I cannot say whether it is fortunate or unfortunate that the incumbent president is not willing to act in the same manner.

  • 4
    1

    Business as usual, and no surprises there!

  • 9
    2

    How weak is the so called President of this country?he should take action against Ranil’s involvement in this saga as a matter of urgency….is there anyone in this country in the Judiciary or in politics who is not corrupt? I hope he is not a lame duck President.

    Sorry state of affairs, all the smart people have left the country.

  • 6
    0

    People voted this government into power because of corruption, no respect for law and order, nepotism etc of the previous government. Now PM says Supreme Court decision on the Gota’s fundamental right violation case is not according to the constitution because he is not happy with it. As PM he should never says it and he should comply with the decision.

    Well, one thing can be guaranteed that 19A to the constitution will not going to work because these politicians interfere with the independent commissions decisions. Eventually the commissions will not function and they become useless. We know that the 17th amendment to the constitution didn’t work because of the stupid politics.

  • 0
    2

    Why haven’t you included my comments?..any reason… Is it too truthful.

    Ric

  • 3
    3

    Yahapalanaya, transparency, good governance, clear policy etc…etc… are words
    wrapped and packed into boxes and stored to show the people that they are all safely there.
    A thief will protect another thief and this is what happening in this country.
    Rajapakse who cleverly operated the machinery is now gone but the machinery still remains only with many bad and newly trained operators all trying to operate the machinery at the same time. These machines which produced corruption, bribery, thugs, murderers, and many other evils detrimental to the society are now working full time so that the nation will bleed further and the people would suffer more. This is like exchanging a fox to a wolf.
    It would be unjustified if I did not give credit to MR and his team for making some progress to the country during his tenure. The fall of MR was his blindness to the wrongs committed by his trusted team like Sajin Vass, Mervyn
    silva, BBS.
    MR was the skipper of the nation but now we have many who are holding one steering wheel and driving in all the wrong directions.

  • 5
    1

    This Gotha arrest is trying to teach one thing again to the world Tamils. Singhalese governments will never look after Tamils genuinely – they all look after themselves only. Only money greedy Tamils still trying to convince others that Tamils will get justice from singhala governments. Tamils have to learn lesson from each setback and the lesion now to World tamils is we have to lookafter our interest and should not rest until we get justice. Singhalese always find some cripple excuse to keep army in north and east- now return of Jeyalalitha. The way it goes vanny/vavunia is going to be another Gasa in the far future.

  • 8
    2

    He is not one who can retain what
    falls on his lap, even if it comes
    from the backdoor. This is why he
    makes serial blunders and is very
    unpopular. Why do you think he cannot
    contest a presidential election?
    People will NOT vote him.

    He supported Maithripala Sirisena.
    Ranil’s only claim to become Prime
    Minister is the fact that the UNP
    voters elected MS in large numbers.
    So, in reality he has mortgaged his
    party and supporters to win a position.

    What does he do thereafter. He appoints
    the corrupt. Ravi Karunanayake who took
    money from an LTTE godfather is the Minister
    of Finance. John Ameratunga who was bankrolled
    by Mahinda Rajapaksa when in power is the
    Minister of Law and Order.

    Mangala Samaraweera appoints coup suspects
    General Jagath Jayasuriya and Daya Ratnayake
    as Ambassadors. One is going to Brazil and
    the other to Pakistan. He complained to the CID
    that the two were part of a coup plot on the
    night of the presidential election on January 8.
    It is no military secret that both Jayasuriya
    and Ratnayake were strong campaigners for Rajapaksa.
    They were members of the Avant Garde military
    delegation to Nigeria.

    Then Malik Samarawickrema together with Ranil
    Wickremesingha gets Central Bank Governor to
    embezzle Rs 500 million. The money was to be used
    for the elections. Three briefless lawyers are
    appointed to probe the matter. Their findings
    were known even before they began sittings.

    Attorney General Wijetilleke is told by Wickremesinghe
    not to arrest any member of the Rajapaksa family without
    telling him. When Sirisena was in London for the Commonwealth
    Day, Wickremsinghe telephones and tells him there was a
    move to arrest Gotabaya. He says the Army will revolt. Then
    Sirisena’s says “do not do it.” When asked by diplomats
    Wickremasingha says there are no trained officers in the Police
    and cases could collapse. That is why he is not in favour of
    such arrests.

    Wickremasinghe’s hench aiays Tilak Marapone and Justice Minister
    Wijeyadasa Rajapaksa are in Avant Garde owner Senadipathy’s pocket.
    Solicitor General Suhada Gamlath said this openly at a conference
    and JVP’s Anura Kumara Dissanayake made it public.

    Is this the Ranil Wickremesingha whom people want to elect at
    the next elections? This is why they call him a cunning manipulator
    and a scheming sicko. Prbhakaran got rid of the best in the UNP.

    It is the boys club led by Ranil who is running the show. People
    will have to watch their backs.

  • 10
    0

    NO POINT IN CRYING NOW OVER “SPILT MILK” whose fault is the country in a SORRY state??? ” Mun Kaala Beela honthatta innuwa” ( I eat well and drink well everything is fine)
    Let them rule the country as they please. I AM ALRIGHT JACK attitude of the normal Sighala minissuk thamai.

    Now it’s too too late we created all these SELFISH DEVILS . SINCE THE INDEPENDENCE WE SAT ON OUR BACKSIDE AND DID NOT ” BLINK “WHEN THE COUNTRY WAS BEING DESTROYED BY THESE POLITICIANS AND STILL DOING SO.

    YOU SEE REVOLUTIONS IN OTHER COUNTRIES. WHAT REVOLUTION IN OUR COUNTRY? We will be ” WHITE VANNED” AFRAID TO SPEAK TO YOUR NEIGHBOUR JUST INCASE HE WAS SUPPORTING THE OTHER PARTY.

    OH WE BUDDHIST PEOPLE DO NOT KILL A FLY ATTITUDE BUT WE ALLOWED THE POLITICIANS TO KILL…

    NOW THESE GOOD PEOPLE ARE AWAKE FROM THEIR SLUMBER AFTER 67. YEARS.

    No one can cure this CANCER OF THE COUNTRY NOW. LETS GO BACK TO SLEEP AND WAKE UP WHEN THE SHOW IS OVER.
    APPEH SRI LANKA IS FINISHED BECAUSE WE ARE SPINELESS MODAYAS WHO LIVE HERE.

    • 7
      0

      I applaud your comments which are factual. Is there any honest Politicians today in SL?it is upto the People to take action now not sit back & let things slide in this country .

      Ric

  • 5
    0

    We can write repeatedly on this CT Forum . Nothing is going to happen.

    This will give a big chance for those corrupted. Medamulanas to come back and SHUT YOU AND MY MOUTH FOREVER.

  • 3
    0

    Wait and wait ,do not get tired of waiting , Maitreya will prevail. , as long as you vote in the good and gentleman and kick the dirty lot out ,yes then we can , we will make it. Now the ball is in the court of the people ,the rest of the balls are somewhere in hambantota and some still suffering from big balls syndrome.

    If Past criminals are not brought to book by the law , karmah may be having a better surprise, how on earth can you dismiss the action of karma on a lot who have been so heartlessly destructive to the fellow humankind ?

    I assure you, in your life time you are going to see a lot of heavenly curse on many a Politician , their goons and all those who followed their instructions . guaranteed , The curse will be so severe ,they will be begging for death . so be patient . none will get away killing the innocent and abusing power.,

  • 3
    1

    Today’s (17 May) Sunday Ties gives a different picture. To quote:

    There was great disappointment in this regard after the ruling given by a two member bench of the Supreme Court (SC) on a fundamental rights petition filed by former Defence Secretary Gotabaya Rajapaksa. Whilst Justice Bhuvenaka Aluvihare withdrew, two SC judges — Eva Wanasundera and Sarath de Abrew –ruled that Rajapaksa should not be arrested until his fundamental rights plea is heard to a conclusion. They put off hearing for October 6, a postponement of almost five months. The former Defence Secretary has challenged the legality of the newly set up Financial Crime Investigation Division (FCID) alleging that he was being politically persecuted and faced imminent arrest.

    Concern over SC ruling
    The ruling incensed the presidency and the UNP-dominated Government. Prime Minister Ranil Wickremesinghe told the Sunday Times, “My lawyers have advised me that the ruling is wrong in law. They have opined that in accordance with constitutional provisions two judges cannot issue a stay order. They can only issue notice. In this instance, the other side was not even heard before the stay order was given. I have advised my lawyers to meet the Attorney General and make representations. We will not telephone judges or give directives. When justice is denied, we will follow the proper course. Even the Police, I learn, are going to make representations to the AG.” He said there were also others “who were getting worked up because there is a credible investigation on corruption now.” Leading legal counsel had a discussion on Friday to file a motion in the Supreme Court calling for a fuller, five-judge bench to review the Supreme Court order. The lawyers are representing the Prime Minister and all members of the Cabinet of Ministers who are among those cited as parties to the fundamental rights case. The motion is to be filed on Wednesday. A similar motion is also to be filed on behalf of the Police. It is not immediately clear whether this would be done by the Attorney General’s Department or by private counsel representing them. Police Chief N.K. Illangakoon, B.R.S.R. Nagahamulla, Director of the CID and DIG Ravi Waidyalankara, head of the FCID have also been cited as parties.

  • 1
    0

    Colombo Telegraph will lose its name as an independent website of interest, if it continues to harp on non- essentials such as the Weliamuna case and now this.

    In both instances, it does not serve the purpose of giving truthful information, but spread innuendo.

    A more mature political correspondent would be desirable.

  • 1
    0

    Colombo Telegraph will lose its name as an independent website of interest, if it continues to harp on non- essentials such as the Weliamuna case and now this.

    In both instances, it does not serve the purpose of giving truthful information, but spread innuendo.

    A more mature political correspondent would be desirable.

    It is unfortunate that neither Ranil Wickremasinghe nor his office thinks it fit to answer these accusations once and for all.

    • 0
      0

      Weliamuna case is an essential news write up.

      He is supposed to be very transparent.

      But, they showed that they are another group of public, white collar thieves.

      Another one is chandra Jayarathne.

      If they also get their hands on the cookie jar, the same thing happens. that is every thing disappears.

      but, they complained about the govt.

  • 1
    0

    How can we wipe out corruption when the judiciary itself is so corrupt.

    The famous Sinhala saying comes to mind, “horage ammagen pena ahawwa wage”.

    Corruption is so deeprooted in this “thrice blessed country”(sic) of ours.

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