Supreme Court Justice Buwaneka Aluwihare today made sure that former Secretary to the Ministry of Defence Gotabaya Rajapaksa would not stand for presidential election while being on trial for embezzling state monies, by delaying an appeal involving the same case by over two months.
Rajapaksa’s appeal taken up today was against a Court of Appeal ruling dismissing a writ application his lawyers filed challenging an order of the Permanent High Court at Bar hearing the D.A. Rajapaksa museum case. Trial was set to begin on October 15.
The appeal was set to be taken up for argument today before a SC bench led by Justices Aluwihare, Murdhu Fernando and Amarasekera. That was after Gotabaya Rajapaksa’s lawyer president’s counsel Romesh De Silva fought hard to push the case back past October 15th when it was last taken up on October 3rd.
However the bench which did not include Justice Aluwihare pushed back against Rajapaksa’s counsel, insisting that the case be taken up for argument before trial was set to start at the Permanent High Court. Over De Silva PC’s protests the judges ordered the case to be taken up on October 11th.
But when the case came up today, Aluwihare, a long time ally of the former Defence Secretary, handpicked for secondment to the Defence Ministry from the AG’s Department during Rajapaksa’s tenure, was once again the presiding judge.
The case was originally set to be taken up at 12 noon and then at 2PM. However before 2PM the judges extended the stay order preventing the trial in the Permanent High Court and pushed arguments on the case back until December 20th, a decision that could mean that the Supreme Court has signed the death warrant on the D.A. Rajapaksa memorial corruption case.
The long date means that if Gotabaya Rajapaksa wins the presidential election on November 16 the corruption trial will be stayed for the duration of his presidency. No civil or criminal suit may be brought against an incumbent president either in his official or personal capacity even for offences committed in the past while he holds the office.
In September, a five judge bench of the Supreme Court which did not include Aluwihare, dismissed an appeal filed by Rajapaksa’s lawyers against the same order by the Permanent High Court rejecting their preliminary objections about the trial. The judgment paved the way for the trial to begin, but state lawyers were awaiting the ruling on this separate appeal on the same case to conclude. In a brilliant tactical move, Rajapaksa’s legal team headed by De Silva PC has flooded the court system in litigation, filing writs and revision applications in courts that have no jurisdiction over the matter, but ensuring the time provided to appeal those judgments can then be used to stall the trial.
Rs 33 million is what the Attorney General has accused Gotabaya Rajapaksa of misappropriating from state funds to build a private memorial for his late parents. The money was taken from the Land Reclamation and Development Board. Rajapaksa, who was then Defence Secretary and also Secretary to the UDA under which the LRDB functions also got the Sri Lanka Navy to carry out the construction of the memorial and museum in Medamulana.
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Closely Linked To Gota, Justice Aluwihare Should Have Recused Himself From SC Appeal Case
Christopher Seneviratne / October 11, 2019
Sad to say the courts are totally corrupt as amply proved.
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Anonymous / October 11, 2019
I wouldn’t be surprised if Gotabaya is allowed to win so that the Presidency can be used as an excuse to protect this Criminal…
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gamini / October 12, 2019
This Monument Case is an Open and Shut Case. Absolute evidence of Misappropriation of State funds is evident because Gota has returned part of the Money. What a Mockery of Justice? Every CJ starting with Sarath N Silva has been Corrupt to this Joker Bureneka Balla. Have they no self respect and shame.
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Babalathappu / October 12, 2019
Not just courts but people are corrupted AND that is why nothing seems to work on palapable change of the system.
Only way out had been Mr Nagananda Kodithuwakku s movement. But that is not weakened. Various hidden hands worked together ot block him.
His principles and revelations of today s situation in the justice systems are the truths.
He has balls, but lanken election commission did not have the power to give him a place.
This is very sad.
That alone proved almost everything is corrupted in this country today.
We need a real revolution against corruption in this country.
As is the case in Switzerland, the country should be governed by a committee of memebers. Not single leaders. That would be the only solution for srilankens.
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Saman / October 11, 2019
Shame…Shame….Shame…
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Craig / October 11, 2019
Damn shame! Damn disgrace! This is an absolute open and shut case. How can justice be denied in this manner? We are sick and tired of this circus. He knows he is GUILTY.
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Hamlet / October 12, 2019
Craig:-
” He knows he is GUILTY”
But He Thinks that The Rajapakses are Above the Law of The Land!
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Matilda Ellepola / October 11, 2019
These dogs have make this isle a lawless banana republic again, those good that got from last years judgement against illegal MaRa govt etc have gone under the gutter again.
Who is the dealmaker here? Is it Ranil of UNP rogues or Sirisena ?
There is no independent judiciary in this land again and not sure we will ever have our ‘Rainbow Moment’ to send these corrupt judges to the jail.
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jayt / October 12, 2019
corrupted crooks are asset of foreigners who are already governing Sri lanka
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justice / October 11, 2019
“The law is an ass”
https://www.phrases.org.uk/meanings/the-law-is-an-ass.html
The law “being an ass” in Sri Lanka – accepted as such by lawyers and judges – enables miscreants to escape the Long Arm of the Law.
Thus, the law aids criminals to escape its clutches.
In USA even the President can be ‘impeached’ by the Congress, or, be sued in a Court of Law.
Makers of our constitution, negated this fundamental right of citizens.
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Chris / October 11, 2019
Yes, indeed. Mahendran is still roaming around. Deals and deals….
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meera / October 12, 2019
Chris – Yes, indeed. Siva is still roaming around…!
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Fathima / October 11, 2019
Bloody shame. People have no faith in the corrupt courts system.
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Jayaweera / October 11, 2019
Everyone can understand how much Aluwihare was offered by Gotabaya who stole public
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Nadeeka Abeyrathne / October 11, 2019
under a Gotler regime., Aluvihare will be a very strong contender for CHEAP Justice .. (sorry its Chief Justice)
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Native Vedda / October 11, 2019
Jayaweera
–
“Everyone can understand how much Aluwihare was offered by Gotabaya who stole public”
–
It could be a post election survival decision both in terms of employment as well as the desire to live longer and die a natural death.
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justice / October 12, 2019
Jayaweera,
Aluwihare will most probably be the next Chief Justice – if Gota
becomes President.
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Oliver Cromwell / October 11, 2019
How can any sane person, never mind a justice CONDONE this conduct and how can a civilized society even CONSIDER a man like this to lead them? We are a nation of lunatics, infilled with suicidal demons!!
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Real Revolutionist / October 11, 2019
Well, it’s an issue .
Voters will take it into account.
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hancho pancha / October 11, 2019
It is high time that Srilankans in one voice call for the restoration of the link between the Judiciary of Srilanka with the Privy Council of England. That is the only checks and balances there is to get the judges inline.
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Sinhala_Man / October 11, 2019
Dear “hancho pancha”,
.
What has transpired is so disgusting that your suggestion will resonate with many.
.
However, there should be no “Privy Council” looking into the affairs of a former colony. What is called for is a World Government with over-arching powers, where me, the Queen of England, the POTUS, the Chinese President, Nagananda, and “hancho pancha” will all be equal citizens, and equally accountable for our actions. Seriously, that World Government should have a “World Court” that prevents abuses.
.
If our people, who claim to be the Buddha’s Chosen, act like this, the solution surely must be for Zeus to hurl his thunderbolts at us and destroy us at once as creatures who never had the right to crawl upon the surface of any planet in this Universe.
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hancho pancha / October 12, 2019
Dear Sinhala_Man,
Must say goodbye to hypocrisy and wish for the Utopia which is only a pie in the sky.
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Sinhala_Man / October 12, 2019
Dear hancho pancha,
.
Our Sinhalese Supremacists would rather be beggars imagining that foreign tourists will come to see the remains of our glorious civilisation, than acknowledge the hold that foreigners have over our country. Yes, it is hypocrisy.
.
I don’t think that we’re headed for Utopia. It was Sir Thomas Moore who wrote that, wasn’t it, in the time of Shakespeare? No time to check.
.
In the 20th Century, they began to write “Dystopic Novels” like “Nineteen Eighty-Four” and “Brave New World”. But that was before Donald Trump and Climate Change – which the guy denies, of course.
.
Twenty-first Century Best Seller: Kamal Guneratne’s “Gota’s War”?
.
This is October, so we expect rain in Bandarawela. But September – we’re usually in the middle of a serious drought. This year, we’ve had heavy rain well nigh daily for the past fifty days. And the entire Dry Zone seemed to be still complaining of drought when I last checked.
.
Politically, in the long-term, we may go towards regional groupings, like SAARC, and the EU, after Boris Johnson is thrown out (and his life written about as yet another Dystopian Novel). This could evolve towards World Government – but with two classes of humans: the Ubermensch and the Yahoos.
.
I’m sorry that this is all mixed up – but that only mirrors the mind of a typical Sri Lankan!
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Gamini / October 11, 2019
It is now apparent the tenure of MR&Co as the head of state resulted in castrating and corrupting most aspects of (public) life in SL It will take another generation to redeem the mess that has been created. Until such time the Rajapakses exit politics in SL, the country will not progress. They are a cancer to the SL Society!
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Eagle Eye / October 11, 2019
Gamini,
Why should Rajapakses exit politics? Native Sinhalayo venerate President Rajapakse as the reincarnation of King Gamini Abhaya (aka Dutu Gemunu) who killed Demala invader Elara and unified the country. What ‘Koti Diaspora’ members who hate Rajapakses for eliminating their Sun God think is immaterial.
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ajith / October 11, 2019
Poor “Eagle Eye”,
You don’t know anything about justice. You only know king Mahinda and his 40 thieves.
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Nimal / October 12, 2019
Justice??? Only now they are talking about a forensic audit on Bond Scam while Mehendran is having a good time. Who postponed these cases? Not justice Aluvihare…
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Native Vedda / October 11, 2019
Eagle Blind Eye
–
“Why should Rajapakses exit politics? “
–
Because they
–
are Dumb
are Murderers
are Corrupt
are Racists
are War criminals
are anti democrats
are Fascists
Protect criminals and war criminals-
Indulge in Nepotism
—
—
…
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Hamlet / October 12, 2019
Native Vedda:-
“Why should Rajapakses exit politics? “
Because They believe that they are ‘Rajas’!
Not just Raja ‘Pakses’
Because the Sri Lankan Mentality is Geared to the Mahavamsa Concept of ‘Kings’; and cannot understand the Concept of Democracy!
Let us Have Democracy Again!
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mike / October 11, 2019
Eagle Eye – Eagle BLIND Eye, why did you drop your middle name?
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Saman / October 11, 2019
Gotagaya’s stolen money has worked well.
Thank you Aluvihare…
Both of you will pay the price back here or hereafter.
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Sinhala_Man / October 11, 2019
Dear Saman,
.
You have voiced a comforting but irrational thought.
.
Whatever makes you think that there is objective Justice anywhere in this Universe, which is fashioned by chance.
.
We human beings have developed better brains than other known species in this universe, and we have developed values and morality.
.
We are just beginning to realise how disgusting we can be – going on the values developed by our progenitors.
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Good Sense / October 11, 2019
I am bewildered. Can a single judge do such wonders? What about other judges in the bench along with the judge concerned? Are we to understand that whether it is a 3 judge, 5 judge, or any odd number of judge bench what matters is the opinion of ONLY the presiding judge? Is it the working of the courts of Sri Lanka that other judges have to be mum silent? There has to be a detailed explanation for all this.
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Douglas / October 11, 2019
This “Accused” Gota, the 1st accused (in the case that was due to begin on Oct.11) has already taken over the entire “Judiciary”, when he said publicly that he would “RELEASE” all “Armed Forces” personnel who are now under the hammer of Justice. A man who asked publicly “Who is Wasantha” – the Journalist and further said: “I will not investigate that murder”, what more we have to expect from this “HITLER” (the “SAINT” to Asgiriya Chapter Chief Prelate). How many days have passed, still without the “Reasons” been given, since the verdict of the Appeal Court dismissed the “Writ Application” relating to Gota’s “Dual Citizenship”. I think the entire “Judiciary” has got “SHIVERS” to the entire “Blood Circulation” of the system, brought about by the “Black Coat MAFIA”. Remember this, “Aluvihare” was also a “Judge” in the case, where Gota’s “Dual Citizenship” was heard. Do all these incidence go to forecast the “OMINOUS ARRIVAL” of “THE SATAN” – the “DESTROYER” according to “KALI YUGAYA” of the Hindu Belief.?
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Estate Labourer / October 11, 2019
Buwaneka Aluwihare’s ambition is to be appointed as Chief Justice in the not too distant future. No doubt he will carry on in the same marvellous tradition as Sarath Nanda Silva and Mohan Pieris.
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K.Pillai / October 11, 2019
The plot is to install a Papa Doc President-for-Life who in turn will delete the retiring age stipulation of the CJ SL.
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bokkage wandura / October 11, 2019
puppet and stooge and not fit to be a judge
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Buddhist / October 11, 2019
This clearly proves the only qualification for anyone to be a judge in SL is the ability to keep on postponing VIP cases with no shame. What is the Chief Justice doing about this, knowing very well that Aluwihare is a Gota -Baya golaya! This clearly shows that the time is ripe for Sri Lankan courts to have foreign judges sitting on the benches for all VIP cases. Is there are mechanism for the citizens of SL to take this case to an International court?? If Gota-Baya is such a Cardboard Veeraya why won’t he face all the cases without trying ways and means to keep on postponing his cases? Is this the reason why he wants to be the President of the country?
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kebab / October 11, 2019
How did such an insignificant looking guy end up in this position !
Our judges seem far below the stature these positions require.
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Plato. / October 11, 2019
This is only the tip of the iceberg! If Gota is elected sky will be the limit for Aluwihare .J. and Romesh.de Silva P.C.
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mike / October 11, 2019
Bow-Wow Bowanekabowu Aluvihara should have recused himself but then if the National Hangman GOTLER wins by hook or by crook, Bowenekabowu will be appointed “Cheap Justice”. All these guys belong to the “gedara yana gaman” crowd!
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Richmond Peiris / October 11, 2019
You guys were talking about the rule of law under Yahapalanaya; what’s going on my friends?
I hear that Alpitiya people have given a clear verdict to all anti-Gota bashers including those who comment in Colombo Telegraph by electing Gota’s Pohottuwa at today’s local election. Unconfirmed reports say Pohottuwa has won all 17 seats, and the UNP is at a distant 3rd place in some riding perhaps behind the JVP and the SLFP.
UNP leader’s and deputy leader’s childish fight to be the supreme leader of the party has played a destructive role in this verdict, I’m pretty sure.
When parents are at each other’s throat even kids run away from home!
At least the UNP should learn a lesson now!
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Lion / October 11, 2019
First of all can anyone who is saner than Aluwihare explain whether Gotabaya Rajapaksha could contest for the post of President when he is still a dual Citizen ?
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Thepa / October 11, 2019
Some would say…. Oh.. Now… Our judicial system is independant. May be true.. But some judges are still slaves.
Wonder of Asia. God bless
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unp lover / October 11, 2019
Unp has nominated that innocent poor guy sajith as their candidate.this poor guy unable to get at least 25% of votes in alpitiya when mahindas slfp won 5/6 majority. Even Ranil won 31%. No point of voting to sajith he will be lose to gota at least by 2 millon votes.I changed my mind to vote for mahesh since I cant vote for gota. I thought to vote sajith yester day today onwards mahesh .ranil is 100% better than sajith.
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Nimal / October 12, 2019
Justice??? Only now they are talking about a forensic audit on Bond Scam while Mehendran is having a good time. Who postponed these cases? Not justice Aluvihare…
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Istopan / October 12, 2019
Cry babies, CRY!
Elpitiya was just a taste of what’s coming.
When the bench goes in favor of Gota, the court system is corrupt ! When Ranil says he didn’t know what he was doing, appointing a foreign citizen as the head of the Central Bank, you guys accept that like it was preached by God. Like a bunch of teenage girls, crying when things doesn’t go accordingly and fantasizing about the guys in suites even when they’re *ick heads. I hope Ranil, Mangala, Rajitha & Ravi stays in SL after the election is won by Gota, just long enough for them to lock these criminals up.
Justice served.
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Mallaiyuran / October 12, 2019
Let me ask question here: why was somebody has been resenting here for releasing Gnanam out of prison, where he was for contempt of court? (He was there not because contempt of court, but because New Colonial Masters of Sinhala Intellectuals, the Middle East, has been pressing them to put him in).
Why somebody criticizing Old Brother Prince when he told that as soon as he becomes the EP, he would release all Rapist Army members in prison for various local crimes?
This is the way the comedy courts of Sinhala Only Jury deliver judgements!
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Lak DeSilva / October 12, 2019
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Native Vedda / October 12, 2019
Lak DeSilva
–
“Time for all E-lamaya/Wahabi terror bros to pack their ill-gotten Bond Scam gains in a big suitcase and head to Katunayake airport!”
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You mean like Basil the one stop shop and his wife ran away to USA on 9 January 2015 and then returned a few days later knowing that Ranil and Sirisena were there to protect them from all those evil doers and not really were going to harm them.
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Lak DeSilva / October 12, 2019
Wanniyalaetto, this is known as ‘scoring an own goal’ in football lingo. Ranil and Sirisena are the top management of Yahapalanaya roach motel!
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