23 September, 2020

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Lakshman Kiriella Bungles Up Basil’s FR Defense

Minister of Plantations Lakshman Kiriella completely put the defense against the Fundamental Rights Petitions filed by Basil Rajapaksa and three others in disarray by appointing two Counsel on his behalf for the cases.

Minister KiriellaThe move resulted in confusion and chaos,with Kolitha Darmawardena the other counsel who appeared on behalf of Kiriella completely jeorpadising the case on behalf of the Respondents.

Darmawardena had made submissions for over half an hour, completely unrelated to the legal matters that were being taken up, and the objections that were taken in unison by the Respondents including those of the AG’s department.

When the matter was taken up yesterday, both Saliya Peiris and Kolitha Darmawardana PC appeared on behalf of Kiriella for the separate cases although all cases were heard together.

Peiris had continuously represented Kiriella since the filing of the Petition and the new addition Darmawardena made his first cameo appearance.

Peiris represented Kiriella for all four Petitions on previous hearings until Darmawardena appeared yesterday.

The legal fraternity points out that there was no need for two Counsel at all because it was the same subject matter that was being argued in all four Petitions. Therefore all four Petitions were taken for hearing together and not separately.

Every other Respondent had only a single counsel representing them throughout.

The move was unprecedented and drew confusion among the Judges and the Counsel who represented the Attorney Generals Department and the other Respondents.

Chief Justice Sripavan infact pointed out that the move was unprecedented, while Romesh De Silva PC appearing on behalf of Rajapaksa said it was a “joke, never seen before”.

Earlier, the Respondents which included the cabinet of Ministers and the AG’s department took up a strong position against the Petition filed by Rajapaksa and the three others, saying that the facts contained do not fall within the ambit of a “breach of a Fundamental Right”.

This was in sharp contrast to the lakckadaisical approach taken by the AG’s department when the Interim Relief for Gotabaya Rajapaksa was granted.

In that case, the Arjun Obeysekara DSG made a complete mess of the defense, by ignoring the addressing of the interim relief that was sought for. This resulted in both the interim relief being granted and the AG’s department having to go before the Supreme Court again to seek clarification regarding the interim relief which was so granted.

During yesterdays hearing the team led by DSG Viraj Dayarathne and other private counsel for the Respondents also said that the FCID functioning in and under the purview of the IGP and was not a seperate unit altogether.

While the submissions for the Respondents were building up, none of those present in Court 502 were expecting the ‘stunt’ performed by Darmawardena.

Having informed the Judges that he had to leave court in the afternoon, he took centre stage and completely warped the arguments that were carefully addressed by the other counsel for the Respondents.

Saliya Peiris looked thoroughly embarrassed, with other Counsel including Viraj Dayarathne portraying anger and disappointment at the complete jeorpadising of the case.

Daramawardena spoke for a painstaking half an hour before taking his seat by the time which the build up for the defense was in tatters.

Thereafter submissions went on till 2.30 PM, but the damage inflicted on a well tailored out case was too severe to mend resulting in Leave to Proceed being granted for all four Petitions.

The Bench comprised Chief Justice K. Sripavan, Priyasath Depp and Rohini Marasinghe.

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Latest comments

  • 7
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    Is this the same Kolitha Dharmawardena who was appointed a special adviser to the Ministry of Finance by this government ? I am told his salary as a adviser is rs 350000 a month !

    • 0
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      This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2/

      • 3
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        Editors, what sort of gibberish is this article? If Kiriella was confused and confusing your reporter and writer of this article seems positively illiterate!

        This report is a complete disgrace and should not have been published in its current form…bad English and NO LOGIC that is difficult to understand what on earth is going on.

        Please maintain some journalistic and reporting standards on this website or you will lose readers fast!

    • 7
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      Harry Hatton

      “I am told his salary as a adviser is rs 350000 a month !”

      Is he earning it? Then worth it?

      If not, nor worth it.

      Just lay him off, and and replace with a new stooge, who is better than the former stooge.

      • 3
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        Harry Hatton

        Any idea as to the IQ of the characters mentioned in the article? Average IQ of Sri Lanka is 79

        • 1
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          Harry Hatton

          “Any idea as to the IQ of the characters mentioned in the article? Average IQ of Sri Lanka is 79”

          <<<<<<<<79 ?

    • 3
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      [Edited out] I am sorry Mr. Kiriella being a lawyer himself is not aware of this and trusted him with this important case.

      • 0
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        Kamala

        “I am sorry Mr. Kiriella being a lawyer himself is not aware of this and trusted him with this important case.”

        Thre are Lawyers too with IQ = 65.

    • 0
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      Dharmawardena together with K.M.Parakrama R Karunaratne [Edited out]

    • 0
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      Lakshman Kiriella Bungles Up Basil’s FR Defense

      Wimp bungles: Lakshman Kiriella Bungles Up Basil’s FR Defense

  • 8
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    I just wonder whether this is yet another piece of “insurance” similar to those I’ve previously referred to in the event that the Rajapaksas return to the Royal Palace!

    There are far too many “coincidences” and, when placed against previous performance…….!

    • 4
      3

      Look who is talking!

      The rent-seeking Sinhala Buddhist (read Rajapakse) hater Pooten who hasn’t forgotten Kiriella’s exposure of his seeking a government subsidy he is not entitled to!

      He seems to be hurting badly.

      • 2
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        Boom Boom – Regardless of the Kiriella – van der Poorten episode, it looks like every time Kiriella either opens his mouth or acts as a legislator, he is like a bull in a China shop with his hoof firmly in his mouth.

        What a pathetic parliamentarian to represent the people!

      • 0
        3

        Boom Boom:
        I suppose that there is good reason for you to hide behind a pseudonym while you lie and fabricate since your paymasters are (temporarily?) unable to sign your stipend.

        Do you even know the meaning of the term “rent-seeking” and if you do was it subsequent to standing in front of a reflecting surface?

        All that the man who obviously shares your propensity for confusing the truth with fact has done is issue a rebuttal to what I have written that HAS NO BASIS IN FACT. You and he should form some kind of partnership based on that shared affinity!

    • 1
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      Mr Poorten,

      Who are you going to tick this time?.

      TNA/GTF, TPA, Baththudeen or the Donkey?…

  • 2
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    Romesh De Silva P.C.also appeared for GoTa recently and obtained a verdict in his favour.

    This time around he appears for BaRa.
    A couple of weeks ago he was made Chairman of the Law Commission by MS-Ranil Govt:
    It is also Romesh De Silva who had appeared for CJ Shirani Bandaranayake in the Impeachment case and the subsequent proceedings in Parliament with three blind mice Wimal,Aura Priyadarshana Yapa and Dilan Perera who formed the Kangaroo court!

    I am not attempting to make any insinuation; Romesh De Silva P.C.is considered to be a very eminent counsel and is a Leader of the Bar,and he is at perfect liberty to represent anyone in Court.

    But most layman may think like ALICE.
    ….This is getting curiouser and curiouser..

  • 2
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    It is time for this whole bunch of “Crooks” to be sent home and CLEAN the stable. We have seen this “GAME” being played over decades. Have we seen any “Big Wig” in Governance sent to jail to sleep in the company of identical criminals? That is because all of them resorted and still adopting to the policy of “you scratch my back, I will scratch your back”. This is yet another typical example of that repeated policy. The whole of FCID has been made to “ROT” and the criminals who plundered the National Wealth are allowed to have a haughty laugh and get away easily. This Government is entirely responsible for its demise. All these “bastards” must be sent home and even fresh legislation introduced to DENY them their PENSIONS. That is what they deserve. Now where are those 47 “Civil Society Organizations” who brought this Government to power? Are they too sleeping with “DOGS”?

  • 1
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    People, we are being fooled over and over and over again and again and again.
    When are we going to learn our lessons. All this is just another drama to confuse the people and the nation. This is an “as bandung” game by the MY3 palanaya taking the people for a ride in their foolswagon. As the people of this land we never learn. The country is in dire straits because there is the same shameless infighting among the Sinhala Buddhists, as it has always been since Independence in 1948.It is UNP, SLFP, UNP, SLFP and SLFP and SLFP………….
    There is no place for the minorities nor are they even considered as part and parcel of the nation.

    Nation building needs unity (if they no the meaning of the word) from all sides
    irrespective of race or religion (which are now commercial enterprises).

    The current scenario is that the SLFP wants to go it alone so that MY3 can
    kick out the unelected PM who shamelessly grabbed the PM portfolio while the
    elected and nominated PM was was still at “home”.

    Work is going on as planned. MY3 will use his executive powers to bring in MR
    & Co. back to parliament. MR would stay the time and take over as the President again and MY3 will become the PM and UNP will go into hibernation and everybody (those in power and their goons) will live happily ever after.
    Sarath Fonseka would be stripped from his rank of FM to Head of Salvation Army
    and CBK will retreat to UK to work with the Tamil diaspora. China will be back
    big time and in a few years time we will add Chinese as the fourth language.
    Projects that are frozen now will be activated and for those trapped in the unemployment bubble there is hope as the bubble will burst and they would see the light of hope.Meanwhile Chinese technology and goods will flood the market
    and the country will see a boom and boon in local and international trade.
    MR Welcome back. ( Pardon my over optimism and over enthusiasm)

  • 2
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    If someone wants to loose case you need a lawyer like Kolitha, he knows everything but not law

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