23 October, 2017

Matale Mass Grave: The Investigation Has Been Taken Away From The Judiciary

The Rajapaksa Government has decided to appoint a Presidential Commission of Inquiry into the Matale Mass Grave, believed to be of victims who were killed during the 1988-1990 JVP insurrection.  It has been alleged that Gotabaya Rajapaksa was among the senior officers of the Army commanding the area at the particular time.

Gotabaya Rajapaksa then

With the discovery of the mass grave, a judicial inquiry was initiated by the Magistrate of Matale, where a large number of parents made representations. The Magistrate made several orders in order to secure evidence on the crime. The Bar Association of Sri Lanka intervened in the matter as an interested party. The Magistrate Chaturani De Silva made several orders directing the police to record statements from those who came forward to give evidence.

Colombo Telegraph has learnt that after consultation with Secretary to Ministry of Defence, the Attorney General, Chief Justice and the military, the President has decided to appoint a Presidential Commission of Inquiry consisting of retired Supreme Court Judge Imam, retired District Judge and former Secretary General of Parliament Dhammika Kitulagoda and Retired High Court Judge Atapattu former Registrar of Supreme Court. However the terms of reference have not yet been released.

Legal circles are surprised that the investigation has been taken away from the judiciary which is mandated by the Criminal Procedure Code to oversee such investigations. The legality of investigations by a Presidential Commission which has no powers under the Criminal Procedure Code, needs to be examined, a criminal lawyer told Colombo Telegraph.

In the mean time, the Chatirika de Silva, the Magistrate who conducted the investigation into the matter has been suddenly transferred to Colombo. The transfer of the Magistrate is not part of annual transfers and is intended only to prevent an effective investigation into the matter. The transfer of Magistrates is within the powers of the Judicial Services Commission headed by the de-facto Chief Justice Mohan Pieris who was previously the adviser to the Defence Ministry and the Cabinet. His close association with Secretary to Ministry of Defence Rajapakse is well known.

Last year, C. A. Chandraprema, political columnist, wrote ‘Gota’s War’ eulogising Gotabaya Rajapaksa’s contribution to the crushing of the northern insurgency, indirectly rubbishing claims that Sarath Fonseka, as Army Commander, was the principal architect of the military victory. The book was written and published before the discovery of the mass graves at Matale. In the book, in Chapter 28 titled ‘The Second JVP Insurrection’, the author makes an unintended revelation. He writes at page 173: “On 1 May 1989, with Colonel Wimalaratne being promoted to the rank of Brigadier, Gota was made the commanding officer of the 1st Battalion of the Gajaba Regiment…With this promotion, he was posted to Matale as the district coordinating officer tasked with bringing the JVP under control. The first Gajaba Battalion, which had been in Trincomalee for nearly one and a half years, was brought down to Matale. Lieutenants Shavendra Silva, Jagath Dias and Sumedha Perera were among his company commanders in Matale…(p 177) Gota remained the security coordinating officer of Matale until the end of the second JVP insurrection. In January 1990, he applied for three months leave and went to the USA to see his family.”

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    Gota with the killer instinct can escape from the foolish people he is fooling around ,but he can never escape from the one above.

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      Royston

      “but he can never escape from the one above.”

      Where is he?
      What is his name?
      What does he do?
      What was he doing when these massacres were taking place?
      Why didn’t he stop those war crimes?
      What is he going to do to Gota or whoever was responsible for these horrible killings?

      How sure are he is up there?
      What is he doing right now?

      Can I have evidence for his existence?

      In case if you happened to meet him, please let him know that I have been looking for him for many years.

      • 0
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        Not the one you are thinking of, VULTURES!!!

      • 0
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        Vedda Mate,
        ‘The one above’ has lot of names and meanings to lot of people. To me it is the collective power of goodness we all have and projected out (ABOVE). Power of Evil we all have projected out as well and this is very powerful destructive force we collectively create….

        Other truths are ‘you become what you think’ & ‘ your perceptions are your reality’. If you believe in God (power of good) and it is stronger than Evil (bad destructive power – Gota), you get God’s help to destroy Gota(pure Evil)
        Perhaps you are too young to realize these truths.
        Anura

  • 0
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    Hey man Gota, You will follow other ruthless dictators like Idi Amin, Sadam Hussein, Gadaffi etc………………

    • 0
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      Royston

      “You will follow other ruthless dictators like Idi Amin, Sadam Hussein, Gadaffi etc………………”

      Idi Amin is still alive and having lots of fun in Saudi Arabia, Sadam & Qaddafi had had lots of fun during their rule.

      They are dead and gone.

      What Gota got to do with them?

      Gota the brute got power, wealth, bodyguards, …..no humanity nor brain, what else does he need to have for a fulfilling life?

      • 0
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        “NoR humanity Nitheror brain”.

        He got Brain, But Unfortunately He is Sitting On That.

        Same as His Clan.

        But Cunningness ih inherited.

  • 0
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    As usual a Presidiential Commission. As the name implies and is the case with all such commissions, President decides according to his conscience. In case the report does not suit his way of thinking it will not see the light of day. So although a criminal act has been committed the rule of law has been replaced by Presidiential Discretion.

    Can commissioners correctly investigate and find evidence? Have they the power to ask the CID to investigate? Can they request interpol assistance for DNA analysis? Can they impartialy question people like Gotabhaya Rajapakse and other army personnel in that area at that time? Will their report be released to the public at the same time it is handed to the President? Are the findings of the commission accepted in a court of law? If the Commission finds certain people culpable will they be arrested and tried in a court of law? Simply appointing commissions wont do without empowering them to discharge their duties in a free and fair manner and ensuring that justice is done.

  • 0
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    The Scientific Evidence That God Exists and the Holy Quran Is His Message to Humanity

    By Hassan Ali El-Najjar *

    [Edited out]

    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/

  • 0
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    Quoting from the article:

    “Legal circles are surprised that the investigation has been taken away from the judiciary which is mandated by the Criminal Procedure Code to oversee such investigations”

    WHY THE PRESIDENT HIMSELF CAME WITH PRESIDENTIAL COMMISSION – SHOULD BE DISCUSSED BY PROFESSIONALS IN LANKEN JUDICIARY RELATEY INSTITUTIONS

    The legality of investigations by a Presidential Commission which has no powers under the Criminal Procedure Code, needs to be examined, a criminal lawyer told Colombo Telegraph

    THIS I PERSONALLY BELIEVE; AN ANOTHER DEFENDING ACTION BY PRESIDENT SINCE HE IS WELL AWARE OF HOW AND WHO MEDIATED IN THOSE KILLINGS.

  • 0
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    Gota, Medamulana Hero..You are a giant from South…You escaped our country from the separatists…You should be the next leader of this country…Next hundred generations repect you…long live you sir!

    • 0
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      You should join Goata the Medamulana Meeharaka for a pigshit meal (his own words!!

      • 0
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        mike
        i think you are crazy man. …fist you go to a class and learn how to respect a person… if you don’t go there sure,, one day you become the biggest meeharaka in sri lanka

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          Idiot, does Goata deserve respect? Yes, you will one day become the biggest meeharaka in Sri Lanka!

    • 0
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      Mind u pig. Not anyone else but SF saved the country.

      • 0
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        hey idiot are you blind or deaf ?? SF was only a dummy in that time..Gota is the man

        • 0
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          It appears you are Goata’s kiss-ass man!

  • 0
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    If the President is a HONEST person, he should make sure that the Presidential Commission should be in public view and telecasted without keeping it inside closed doors.

    Further the PSE appointed to discuss the 13th amendment also should be held in open not in camera and should be telecasted.

    When President says that People are supreme then let him prove that he is a HONEST person. Until now he has not been able to persuade majority of Sri Lankans that he is HONEST.

    • 0
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      Pigs may fly.

      He the mighteous for the stupid folks across country will never leave anything to meet the expectations of the nation. So long the fools will behave as if they are hallozinated, he will abuse them.

      If he is honest, Prabakaran should be also honest.

  • 0
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    “The One Above” is watching all that has been happening …..he will strike when the time comes…one can never escape HIS punishment when he decides to strike…so let Gota enjoy his killings for now…and repent at leisure later.

  • 0
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    The Sri Lankan commission of inquiry is the last resort of escape with the justice system bad enough. Bensen

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