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
Melanie / October 12, 2019
We cannot allow crooks to win and get away Scott free! Vote for Gen Mahesh Senanayeke and we can put all the crooks from all parties behind bars where they belong. These people corrupt every body and think Srilanka is their own private property!! Enough is enough we cant tolerate this any more.
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Roshan / October 12, 2019
Dream on…….Gota juggernaut rolls on
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Nimal / October 12, 2019
Statements like Sajith’s “SRI MUKHAYA” statement and Thenuwara’s “RANAVIRU GAYA” will win more votes for Gota.
First they said Thenuwara has nothing to do with the UNP but now he is on their platform. NGO influence???
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ronn / October 12, 2019
This the country governed by dogs and donkeys
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Groot Force / October 12, 2019
How does Elpitiya taste. There’s a lot more coming. Brace for impact cause this UNP ship is going down and going down hard. Mahesh has 0℅ chance in making it. Sorry for bursting your bubble. He isn’t gonna make it.
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Amarasiri / October 12, 2019
Justice Aluvihare,
You can take up the case on Nov 18th, after Gotabaya Nandasena Rajapaksa, the Paradeshi, Para, Alien loses.
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Mano / October 12, 2019
What justice Aluvihare has done today for GR is just what Justice S.N.Silva did for MR in 2005. Happy to see History has just been repeated. Long live our Judiciary.
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Siva / October 12, 2019
Any thoughts of what judiciary had done for A Mahendran?
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meera / October 12, 2019
Siva – Any thoughts of what you have done to Chris?
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Gamini / October 12, 2019
It appears NGR is putting his lucre into good use! (hiring the best lawyers to save his skin and perhaps bribing to get the result he desires). He can run but cannot hide!
It’s clear he is running for the highest Office not to serve the country but to save himself from the impending court cases and the possible consequences. Not all Judges are corrupt. There are bad apples like in most professions. I cannot understand the legal nuances behind these decisions as I do not have a legal background. I only hope there are acceptable legal reasons for such decisions.
All ‘progressive’/ right thinking forces should unite to stop this ‘barbarian’ in his tracks! Do you reckon a 70 year old alleged criminal, supposed dual citizen with a heart / mental condition is suitable and fit to be ‘President’ of our motherland? If he is elected, it will show the mentality of the majority of voters.
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Siva / October 12, 2019
He had already done a great service by crushing the ruthless LTTE.
Gratitude makes attitude.
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A Ratnayake / October 12, 2019
He crushed the LTTE? How and when?
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Istopan / October 12, 2019
This is a sickness my friend.
‘ (hiring the best lawyers to save his skin and perhaps bribing to get the result he desires)’
WOOOOOW !
I’m glad the common folk of Sri Lanka doesn’t share your hateful mindset.
You can either correct your self when you’re going out of track or the society will do it for you. Elpitiya just emasculated you.
You need help.
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shankar / October 12, 2019
fair enough.you can’t be distracting him from his job.However he will not win.so it is a dead issue.
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Bandu W / October 12, 2019
Buwaneka Aluvihare in May 2015 and Ms. Murdu Fernando in June 2018 withdrew in cases against GR citing personal reasons and delayed that days particular hearing and postponing to gain time. Now at the last they have RESOLVED the personal reasons to sit on a bench against GR. How happy they must be. An JSC and CJ must be such collabortors to put assign judges who have recused to hear case again. How sad can we be.
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Estate Labourer / October 12, 2019
Judges recuse themselves from hearing cases only if they know that the individual concerned is going to lose the case. If they are sure he will win the case then they have no qualms about sitting on the bench. That is another aspect of the quality of many of our judges.
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S. C. Pasqual / October 12, 2019
Hope this will end THE harassment of GR created by bankrupt politicians like Ranil, MY3 and AKD.
And heading should change from “””If Gota Wins””” to “”When Gota Wins””
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Lex Regal / October 12, 2019
This story is totally baseless, malicious innuendo, and is contempt of courts.
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A previous official association between the honourable Justice of the SC and Former Defene Secretary does not mean a favourable decision bu the judge. ABC of legal training would teach that to any fool.
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CT did not raise the same allegation when a Chief Justice who held the job for just 4 months interpreted S 19 of the constitution using Maxwell (1873) to overturn the (October 2018) government appointed by the president to address burning national issues.
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The report stinks of sour grapes, bad faith and worst of all hypocrisy.
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Gamini / October 12, 2019
Contd./
By the way, I hope no one will mount a challenge in Court of NGR’s eligibility to contest the Presidential elections. As it stands, a dual citizen in not eligible to contest. I am of the opinion, he is still a USA citizen (he can still use the US passport, if he has one), as renunciation of citizenship is only the first step in a process. Until the authorities in USA grant that request, he remains a US citizen. But my hope is that he is allowed to contest, unhindered, so he is beaten fair and square. If a person of his age, education, health, background and reputation is elected President, one has to question the mentality of the Sri Lankan voters.
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Joseph rajah / October 12, 2019
It is shame and humiliating decision by Aluwihare. Internationally recognized extra judicial killer who killed basic principle of Democracy and Buddhism is protected by the judge. I am fifty years in USA and suffered a lot under the lawless army and left overland in 1974 because of the biased judicial system. I snow what grade you got on your grades.
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Joseph rajah / October 12, 2019
West decides the fate of other countries and fight for hunan rights. Ecconomic embargo crippled many countries economy. Russia, Venezuela, Cuba, NKorea, Iran. 70s I was a active member of Amnesty International in Saint Louis university.. we over through Rodezia, South Africa, Marcos, and Salvador Allende.
Diaspora Tamils are emerging as a strong force in the west and the western countries have to deal with own citizen Tamils. We can cripple the Sri Lankan economy if Buddhist violate human rights and Buddhist teachings.
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Joseph Rajah / October 12, 2019
1958 I was a ten years old and participated many agitation demonstration with my older cousin. My parents not aware of my activities. All the Anti Tamil activities are rooted in the Temples. All the parents who are poor send their children as a child labor / domestic servant and to become a monks. They become a parasite of the society. Taken care by the society. They don’t understand pain and suffering of the people. Average people are very skinny but people who are parasite are fat. All free food
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Buddhist / October 12, 2019
The carboard veeraya Gota-Baya ran off to Singapore thinking that he will be arrested for the Sohona case. Since his gola judge Aluwihare saved his neck by postponing his case he just went to Singapore and took the next plane back. Do we need a President who avoids every single case and court appearances? Do we need a President who is protected by the courts even when he is not in power? Just imagine, based on previous experience during Mahinda rule, what this cardboard veerya Bayagota will do if he becomes the President. Are Sri Lankans so stupid to vote for him?
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Istopan / October 12, 2019
What are you, Diaspora ? Your name says Buddhist. That’s a desperate measure, so obvious. Next time pick something like ‘Anton’, so that you’ll at least have a valid say. Btw Gota went to Singapore for a medical checkup. Know your stuff you little goof. Educate your self. That’s a poor claim ‘cardboard veeraya’, everyone knows he backed the army to win the war. What you googled sinhala insults and found ‘cardboard veeraya’ ? Sri Lankan’s were stupid to go for a change. Can’t blame the present government though, they delivered there promise of a change. They did change the fastest growing city of the world to a debt hole(75% more debts taken in 4 years than what Mahinda took in 8).
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Gune / October 12, 2019
Injustice Mr. Aluwihara is a Rajapakse side-kick. Shame!!!!!!
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Chethiyasens / October 12, 2019
High time for a “vidvath”- ie. learned analysis of the significance or otherwise of that leeetle gamsabaa election – isn’t it?
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