By Mudliyar –
Mohan Pieris’s gross misconduct and dishonesty is vividly exposed before the Supreme Court with some overwhelming evidence filed before the Court yesterday in the Fundamental Right Petition (SCFR 536/2010) that originally filed in September 2010 by the Senior Customs Officer, T R Ratnasiri, the Petitioner.
Nagananda Kodituwakku
In this case Mohan Pieris’s dishonesty and misconduct, concerning the defrauding of 619 million rupees of Public Funds is exposed with some hard evidence produced by the Director General of Customs, cited as a Respondent in the case by way of Observations submitted on the Petition filed by the Petitioner, which states that the Attorney General, Mohan Peiris was directly responsible for this colossal loss of public funds with his dishonest act of deceiving not only the Director General of Customs but also the Supreme Court.
In the Motion filed before the Supreme Court yesterday by the Instructing Attorney appointed by the Petitioner, states that the life of the Counsel, Nagananda Kodituwakku, a British Lawyer, who had undertaken to present this case is under tremendous threat to withdraw from the case, which the Counsel had Complaint to the UK Foreign and Commonwealth Office and also to the Sri Lanka Police on 23rd January 2013, since arrived in Sri Lanka on 21st of January 2013 hoping to present this case. In the police complaint, that is also filed before the Supreme Court, the Counsel seeks police protection during his stay in Sri Lanka, and points his finger on Mohan Pieris if harmful action, if any, hatched against him, like a framed ‘accidental death’ or something similar, and the Counsel states further in the complaint that in such an event he suspects no other person but only Mohan Pieris, who faced a tremendous charge of misconduct and dishonestly in this case that is due to come up before the Supreme Court on 31st of January 2013.
Police (Mirihana, Colombo) Complaint ref: CIB (2)/ 52/332 of 23rd Jan 2013
I, Nagananda Kodituwakku, 58 years of age, Attorney-at-Law and Solicitor (England & Wales), domiciled in England and currently residing at 99, Subadrarama Road Nugegoda, Sri Lanka do hereby state as follows.
I have undertaken to support a very important Fundamental Rights Application (No 536/2010), which has been filed before the Supreme Court on 24th of September 2010. For a period of over 2 years and 4 months, this case has not been allowed to be supported before the Supreme Court due to numerous improper and inappropriate actions adopted by the Attorney General, expected to uphold the rule of law and not to protect and uphold the interests of fraudsters and cheats.
The fundamental reason for the inordinate delay and evasion of the supporting of the case is that, in this case, the gross professional misconduct and dishonesty of Mohan Peiris, (then the Attorney General), who is accused for deceiving Director General of Customs and the Supreme Court, is plainly exposed with irrefutable evidence, presented by way of ‘Observations’ made by the Director General of Customs. In this case, Mohan Peiris’s professional misconduct is further proved with the documentary evidence, including an affidavit by the Director General of Customs, which speaks for themselves of Mohan Peiris’s gross misconduct and dishonesty as a person who held a high profile public office. And in this case his improper actions and his connivance in defrauding a sum of Rs 519 million of public funds, with the knowledge and tacit approval of P B Jayasundara, the Finance Secretary, who is also cited in his personal Capacity, is plainly brought to light by the evidence presented by the Petitioner and the Director General of Customs.
I have visited Sri Lanka for more than 6 times to present this public interest litigation, yet, for the reasons set out above, and despite strong objections taken against the endless postponements, this case was never allowed to be presented, causing enormous pain and hardship to the Petitioner and his counsel.
In Sri Lanka, the Fundamental Rights Applications are of unique nature, and the Supreme Court is empowered to protect these rights of the citizens at all times. And this has been the very standpoint of the Supreme Court, which has held that the Fundamental Rights Applications are qualitatively different from other types of applications and hence warrants greater latitude with respect to their review and redress, in order to encompass the equitable jurisdiction exercised in these applications.
When this case was expected to be supported on 05th October 2012, due to an apparent threat posed to my life, I was forced to move for a date and return to England on 26th September 2012, after having made a complaint to the Police on 25th Sep 2012.
Now this case is re-fixed for support on 31st of January 2013, in a backdrop where the accused, Mohan Peiris himself has accepted the appointment to the office of the Chief Justice, with a scant respect or regard whatsoever to the Rule of law and moral integrity. Since supporting of this Fundamental Right Action would pose an imminent threat to the very survival of Mohan Peiris at the office of the Chief Justice, once again there is a serious threat posed to my life, with a clear warning, not to appear in the case. I have already reported this matter to the Foreign and Commonwealth Office in the UK and the British High Commission in Colombo, before returned to Colombo on 21st of January 2013. And just after my arrival, I received another email yesterday by somebody identified themselves as ‘Deshapremi’ with the following warning.
‘Chilling Warning’ – You have refused our warning and returned to Sri Lanka at your own risk. Appearance in the case against the CJ, against our advice will bring an END with fatal results.
In this background, I am contemplating to make an application to lay by the matter against Mohan Peiris, however, with the Petitioner’s legal rights reserved to support the case, once the Rule of Law in the country is duly restored.
I am making this complaint seeking appropriate measures be taken to protect my life during my stay in Sri Lanka, and if harmful action, if any, hatched against me, like a framed ‘accidental death’ or something similar, I have only one person to be suspected and held responsible for any such act, that is Mohan Peiris.
Nagananda Kodituwakku
Related posts;
Aspirant CJ Mohan Pieris Exposed: Professional Misconduct As Attorney General
Ben Hurling / January 29, 2013
The new “Thief Justice” is really good for Miracle of Asia.
/
Sumudu / January 30, 2013
See, the appointment was made by President of Srilanka. See the so called leader with wisdom acts for the folks of the Island.
If the bugger had a brain the size of needle head, is it wise at all to appoint a candidate with this kind of corrupt records ?
This is the wisdom of MARA having collected experience for the last 40 years being in lanken parliament…. :(((
/
Len / January 29, 2013
If thees allegations are true he is eminently qualified for his roll as CJ.
/
AMT / January 29, 2013
Under the MARA regime?
/
B Ganendra / January 29, 2013
Len – Well said. Most ideal person to be the CJ.
/
Samson / January 29, 2013
To whom are u saying, even if Mohan Peris or anyone from his cabinet would go on killing the innocent citizens in the country, this megalomanic president would just say something palatable instead of doing the essentials.
Now with the newly appointed one for their bunch, things could go nice for them but for the entire nation ?
People would call hiim soon Nation^s curse. No doubt. But they are caught, as nothing can be done now.
/
Vik / January 29, 2013
This isn’t an issue where its okay for any of us to even consider a joke about. Mr Kodituwakku is brave an honourable lawyer unlike many other, with his selfless attitude to life is putting his own life in risk doing what no ordinary man would do to correct the justice system of a country that has been regarded as a ‘lawless state’ by proving how unsuitable and thug like the new CJ is. These threats made to his life should not be looked upon lightly by any of us as this gives all of us an insight into what kind of indivudual the Mohan Peris is. The work done by Mr Kodituwakku should recieve our support and be commended to ensure that justice is served to those who disobey the law, therefore proving what a joke and fraudster the CJ Mohan Peris really is.
/
Ann / January 30, 2013
Yes indeed, this is NOT a joke and Ones that would make it a joke should be really sick.
On the other hand, many would not grasp it because it is the country^s president who appointed MP as the next CJ. Presidents in general have good advisers before them being fallen onto decisive appointments.
/
anaperera / January 29, 2013
When one reads :
AND WHEREAS the Counsel has returned to Sri Lanka on 21st of January 2013 to discharge his
professional obligations to the Petitioner, who had been unable to find any other Counsel to present his case, after having reported the recurrent threats to his life (beginning from the month of
September 2012) to the Foreign and Commonwealth Office in the UK
about the unwillingness of any other lawyer to appear in this case
and
AND WHEREAS on 27th March 2012 the bench included Dep J, who on 30th
Sep 2011 had clearly indicated his unwillingness to hear the case, and accordingly the matter was postponed for 02nd July 2012
about the behaviour of SC judges as recorded in a petition before SC
do we need any more proof that it’s all make believe set up – the courts, parlaiment, officialdom, businesses, the executive – warts and all.
And this also points finger at Upul Jayasuriya who seems to think he can do a better job than outgoing president of BASL, as well.
All we can say is we hope this brave lawyer, who also wrote some pieces to CT keeping faith in the President to correct himself in the impeachment will not be harmed and the petitioner will be speared too.
As for trusting the judicial and other systems which claim to protect us, we would be fooling ourselves as these are all but clear evidence of systematic and all pervasive injustice, across all aspects of life.
After more than 100 years, each of us, the ordinary citizens in the country, are treated no better than Silindu in Baddegama was, and who lucidly chronicled that injustice and underlying inequality? A foreigner with a sympathetic and sensitive touch. pathetic!!!
/
Ronny / January 29, 2013
For Mr. Kodituwakku to come forward on behalf of the peace-loving Sri Lankans and file a case against the illegal and illegitimate Cheeky Cheap Justice is a huge risk for his own life as well as to his immediate family members as things have happened for all those go against and talk against the Rajapakses the dictatorial and uneducated criminal family. This Mr. Kodituwakku should be brave and bold enough to fight against the aspirations of the “REMAINING DICTATOR IN THE WORLD”. I say so as all the other dictators have been killed like dogs by their own people and/with support from Democratic countries and this thrives due to the weakness of the Opposition and gullible poor masses majority of whom living in rural areas who get only GOSL’s highly biased News. All our good wishes to this extremely brave Sri Lankan Lawyer and please take extra precautions when leaving and coming to your Sri Lankan residence as you have given your address. I think it is better if you avoid that address during your stay in this “CRIMINAL COUNTRY” which was really a beautiful one with smiling people. The peace-loving Sri Lankans wish to see that we go back to that period. We don’t mind even if we have to queue up for food, rice barriers, drink tea without sugar, eating yams instead of bread and rice, etc. etc. as long as there is peace of mind and very much less crimes like killings and corruption by the Politicians and Government Officials. We could have expected this if the real winner was elected at the last Presidential elections but for our fate, the computer jilmarts and other frauds like removing ballots crossed for Gen. Fonseka made the results upside down. Only two bundles marked for Gen. Fonseka are found but there would have been over hundreds of bundles removed and an equal number of bundles exchanged at the counting centres or in other places as they had their own people manning all those places. GOSL knows that over 66% of the population are against and that is the reason why they are doing all other tactics to suppress an uprising but the day an uprising comes up, even the innocent general public will join and protest against the dictatorial family like what happened in countries. It will be another Libyan type victory for the Sri Lankans.
/
MAHADANAMUTHA / January 29, 2013
YOU ARE A VERY BRAVE MAN. BUT I FEEL SORRY FOR YOU, AS WHOEVER STANDS IN THE WAY OF THIS JUGGERNAUT IS SWIFTLY DEALT WITH AND NOTHING COMES OUT OF IT. EXAMPLES; SF AND CJ. THE 100’S OF JOURNALISTS INCLUDING LASSANTHA, AND FREDRICA. WELLIAMUNA THE UPHOLDER OF JUSTICE, THE MANY POLITICIANS FROM BOTH SIDES OF THE DIVIDE, THE NUMEROUS ORDINARY CITIZENS OF THE COUNTRY, THE LIST GOES ON. IF YOU ARE NOT DONE AWAY WITH THEN YOU WILL BE DUMPED IN THE DUST BIN OF HISTORY WITH LITTLE CHANCE OF RAISING YOUR HEAD. I AM GLAD THE YOU HAVE MADE A COMPLAINT ON YOUR ADVERSARY PRIOR TO ANY EVENT. ONE REDEEMING FACTOR AND SAVING GRACE IS THAT YOU HAVE THE “BRITISH SYSTEM” AS A FALL BACK. MAYBE THIS WILL BE A BULWARK TO THEIR ATTEMPTS. BEST OF LUCK. WE AWAIT YOUR SUCCESFUL ENDEAVOURS AS THE PROVERBIAL ‘CAN OF WORMS’ MUST BE EXPOSED.
/
PT Dinal / January 29, 2013
Mr.Kodituwaku, we are with you. Go ahead. God Bless you.
/
Safa / January 29, 2013
One of the charges against CJ SB was that there was a case against her husband. Now MP himself has a case against himself, it would be better if he resigns or stays at home.
/
Ronny / January 29, 2013
… and Wimal Weerawansa had been BRAYING like an ASS/DONKEY against the legal Chief Justice saying that it is very unethical and she should resign as CJ as there is a case against her husband which is ofcourse very questionable as to who gave the instructions for those transactions. Anyway, now this same Weerawansa is silent about the bribery case which is not against a family member of Mohan Peiris but against MOHAN PEIRIS. Wimal, where are the ethics now! Have those gone out along with your lemon puffs! Safa’s comment is very correct and Mohan Peiris and all those who Impeached the CJ and appointed Mohan Peiris as the illegal, unethical and illigitimate CJ have no place to hide their faces.
/
Dayan / January 29, 2013
This is unbelievable and unimaginable. How come President appoint a man, against whom a serious charge of dishonesty and gross misconduct is pending before the Supreme Court, to the office of the CJ. DGC’s observation on the Petition filed by the Petitioner simply stump the Mohan Peiris giving third umpire no chance. Mohan Peiris’s appointment to the office of the CJ is disgrace to the entire Judiciary now under the absolute control of the Executive President.
/
bonaparte / January 29, 2013
It looks like you have in fact put the President between a rock and hard face and he will behave aggressively. Thief Judge was his choice, appointed iaw the rules but in reality propped up by those 3 dastardly committee of MPs one of which was Ranil I believe. So, is the President and the 3-goons going to volunteer to be impeached by the parliamentary jokers. We have to wait and see, but the writer beware!
/
Elmore Pereira / January 29, 2013
Sri Lanka is a FAILED STATE under the full control of three musketeers and their cronies. This news item published with credible facts proves a very valid point; the right person who would tirelessly defend the lawless regime is chosen to head the Judiciary over others, where the other judges of the Supreme Court and the Court of Appeal are forced to sacrifice their moral integrity and are made to extend their support to Mohan Peiris, apparently under duress threat or promise.
/
Puj / January 29, 2013
What happened to the so-called learned professionals in the professional bodies in the country. What went wrong with their integrity. It is hard to believe why they simply allow just a handful of crooks to insult the intelligence of all Lankans, keeping almost all print media organizations under their grip and control.
/
Prakash / January 29, 2013
It seems that the people in this country is simply deaf and blind
/
steve / January 29, 2013
Well done, Mohan Peiris, keep going, you have proven qualification for the job, and you are the right person for the job.
/
Rani de Silva / January 29, 2013
The CJ is a heroine who lived up to her name.She is not thrash like the guttersnipes who stabbed her.She left without her pension having fought a ruthless uneducated thug on her FEET and not on her KNEES.History will record all this and as a Buddhist Iam confident that another door will open for her soon
It is well known that the WATAWALA report wanted the remaining units sold less 5 % and there is nothing wrong in buying an apartment for her sister in Australia who had sent money using that discount which was available to all. It was said by her that Asoka Silva also bought one. The supreme men who are there in the den of thieves glossed over that section.ALL THIS WAS DONE ON INSTRUCTIONS FROM MR AND AS S.L. GUNASEKERA SAID THE CLOWNS ONLY JUMPED TO THE HEIGHTS INDICATED FOR THEM TO CONTINUE.SATHYA JAYGANIWI MUNDA HENA WADIWE MEVENI APARADA KARAMA.
IAM NOT WASTING WORDS ON THIEF CHEAP JUSTICE MOHAN PEIRIS.THAT HE HAS NO SELF RESPECT LIKE ASOKA SILVA IS SO CLEAR.Mr Nagananda Kodituwakku is another brave man and hope he will not be murdered.
/
Samson / January 29, 2013
Yes absolutely, she fought it to the end. She proved to the world that the rule of the law of country should be given its due place. Unfortunately the ruler of the country is not educated enough, respectful enough,not learnt enough to work with the compliance of the rule of the law. He is said to be a law graduate, but the manner he treated the country^s CJ is no means fair.
/
Sumudu / January 29, 2013
He is unpredictable. All these prove again and again.
/
punchinilame / January 29, 2013
Case against MP is only an allegation – it must be proved, as much
as is required against the 14 charges leveled against SB. So MR thinks
he is suitable and will ensure that the allegation is not taken till
CJ service is ended! Q.E.D
/
Piranha / January 29, 2013
Without a doubt Gota is behind this “Deshapremi” threat. Gota is the executioner in the Rajapaksa brotherhood. Exposing Mohan Pieris as a mega thief is fraught with serious danger to the accusers. Mr Kodituwakku is a brave man indeed. What Sri lanka needs is s few more such brave men to take the Rajapaksa dictator to task.
/
Vik / January 29, 2013
My name is Vikum Kodituwakku, 22 years of age and the eldest of Nagananda Kodituwakku’s children. I would like to thank everybody who have shown his or her support and commented on this article. My dad is my hero; he is a very inspirational figure in my life. He is a loving father and a Sri Lankan who never gave up on his mother nation. For most that may be unaware of this is now the second time he has received threats to his life in his legal career, in 2001 he also received threats to his life and of his children during another fraudulent case. As I have mentioned before he never gave up on his motherland and believed in doing what is right. This is evident through his actions in returning to undertaking the case mentioned above in 2010, which holds the current CJ Mohan Peris guilty of dishonesty, misconduct, concerning the defrauding of 619million rupees of public funds. Yet again his actions have resulted him receiving further death threats to his life.
I admire my father’s courage and bravery he has shown during the proceedings of this case, which at one point resulted in him having to abandon the case during September 2012 and return to the UK for his own safety. Yet his persistence and belief in doing what’s right as a Sri Lankan he carried on forth with the case. Which has now resulted on another threat to his life with the hearing just days away (31st Jan).
Is this what would happen to any of us if we were to stand up against this MR distatorship?
We as Sri Lankans need to stand up against these corrupt, power drunk tyrants who call themselves our leaders and therefore support brave and selfless people like my own father, Nagananda Kodituwakku, to make change in what is now classed as a ‘lawless state’.
Please keep showing your support and interest in this case as my dad; Nagananda Kodituwakku will very much appreciate everyone’s support.
Dad I am with you all the way.
/
Uthungan / January 29, 2013
Vik
In this dispiriting period of darkness your father’s brave decision to confront an evil regime in it’s own den, is indeed laudable and reasuring for all in this country who are daily exposed to the effects of abuse and misconduct by the appointment tainted individuals to important posts as in the case of Mohan Peris as CJ.
/
Vik / January 29, 2013
I very much hope that his hard work does not go unrecognised, nor will it be disregarded and will eventually help bring justice in our beautiful little island we love and call Sri Lanka
/
anaperera / January 30, 2013
If indeed you are Mr. K’s son, you are a very lucky son. You can share your honest appreciation and pride of being the son of a man who does things which he and a very very large majority of people all over the world think right.
How many son’s can be like you ? hon. Namal R may say he is proud about his father but do we all share his pride? No as it’s a hollow pride.
take care of your father, as this honour comes with real dangers, and we need people like your father, now and in future…
/
Vik / January 30, 2013
Thank you for your kinds words. These threats in his career has effected our family, specially in 2001 when we had to flee Sri Lanka and immigrate to the UK. Every time i come back to visit Sri Lanka i realise how much i miss it. My dad is a man who is not easily intimidated by threat to his life, as he has dealt with issues as such all through his career whilst fighting for the right side of the law. So i believe he will be able to succeed and i am glad to see so many people are showing their belief in him. Thank you again for all your support.
/
Ann / January 30, 2013
Son, your father is a great son of the country. He is not comparable to Rajapaskses. Let^s hope truth will succeed in term of this filed case.
/
Wipula / January 30, 2013
Startling revelations of this case is food for thought for all the judges who conveniently sacrifice their moral integrity and did welcome this Cheat as their Head, making the judiciary a laughing stock in this country. First they ruled that the whole impeachment process was unlawful and the Lady CJ remains stand as the legitimate CJ. And then these very same judges had the audacity to surrender their morale integrity wholeheartedly and to betray the trust place in them by the people of this country under pressure. Shame mother Lanka. All this only show that this is truly a five star democracy, where deception rules the nation with total impunity.
/
Ranatunga / January 30, 2013
Another classic case which help the world leading democracies to declare this country is a FAILED STATE.
/
lanka / January 30, 2013
I can remember one fellow layer saying that Mohan Peiris summoned all the judges in the Supreme Court and the Court of Appeal, one by one to the CJ’s Chamber, that is before the ceremonial sitting and compelled them to support him, having promised them Mercedes Bens in recognition of their solidarity. yet those who respect their morality and had insight declined his request, but attended the ceremonial sitting under compulsion. This case seems to be a good lesson for those who compromise their integrity, to all powerful Mohan Peiris. As someone had rightly said, now we have a ‘Executive Judiciary’.
/
Dasarath V Jayasooriya / January 30, 2013
We backed the President Rajapakse to the hilt even uttering lies on his behalf but now we are looking like fools. MR is leaking in his jungy for having replaced Shirani with this blackguard who obviously has no selfrespect. If Mohan Peiris had any self respect would he have crept into this position like a rat knowing well it is all illegal? Asoka Silva is the other rat who had no selfrespect but Mohan is a vile bloke. Sarath & Asoka and now this crook Mohan will decimate the once proud judiciary we had.
/
Dulan / January 30, 2013
Naganada
Your taking on this case despite risks involved is admirable. Your life has purpose.
Dulan
/
KALU COAT / January 30, 2013
OH SAMSON OH SAMSON THE MEDAMULANA THUG IS NOT A LAW GRADUATE.HE WAS THE LIBRARY CLERK AT THE JAYAWARDENAPURA UNI AND AFTER HIS FATHER’S DEATH HE WON BECAUSE THE FATHER WAS A GOOD MAN. HE MUST BE SPINNING IN HIS GRAVE TODAY SEEING HIM AS A THIRD CLASS VINDICTIVE PARIAH WITHOUT ANY SCRUPULES.WHEN HE CAME TO PARLIAMENT AS A MARK OF RESPECT TO THE FATHER MRS B IN APPRECIATION FOR WHAT THE FATHER DID TO WALK AWAY WITH SWRD SPOKE TO THE PRINCIPAL OF LAW COLLEGE AND PUT HIM IN.HE DID NOT SIT FOR ENTRANCE TO THE LAW COLLEGE LIKE BULLA AND US.
HIS SON THE SYNTHETIC LAWYER ABUSED HIS FATHER’S POSITION AND SAT THE LAW EXAMS IN A SEPARATE AIR CONDITIONED ROOM WITH A COMPUTER BY HIS SIDE.THESE ARE THE HONEST FELLOWS.
SO SAMSON I HOPE YOU GOT THE PICTURE RIGHT AS WE DID NOT HAVE THAT LUCK
/
Ayanthe / January 30, 2013
There is still hope in Sri Lanka. There are people to fight for justice. Not all is lost. Hats off to Mr. Naganantha Kodithuwakku.
/
wijeweera / January 30, 2013
God save Sri Lanka’s Judicial system
/
Jan / January 30, 2013
Mr Kodituwakku, What you are doing is very brave and commendable. The lawless state needs more people like you to bring justice to the judicial system. We believe in you!
/
Charlie / January 30, 2013
People like Mr. Kodituwakku still gives the rest of the nation hope in saving the judicial system. We believe in you and appreciate you work.
/