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
Damith / January 30, 2013
Attorney General in a statement published in the print media said yesterday that he is committed to uphold the rule of Law and the fundamental rights of the people guaranteed in the Constitution. Surely this case is a acid test to test his moral integrity now.
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D Perera / January 30, 2013
President Mahinda Rajapksha,
Get an immediate action against CJ. How you appoint a man with serious charges of dishonesty and misconduct?
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Kalupahana / January 30, 2013
Most judges in the Supreme Court thought that Rajapakse would instal the rule of law in the country and instal the most suitable person accepted by all learned judges to be the CJ or Al least a senior credible judge like Shirani Tilakwardena J, who simply help Rajapakse to get rid of Shirani B. Sarath Silva, who was made to believe that Rajapakse would appoint Shirani T as the CJ, did everything under the sun, to get right of the CJ. But his and his compatriot Shirani T’s dream never came true. yet, the fire is not settled yet, and when the right time comes the disgruntled judges will show Mohan Peiris the door.
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D Perera / January 30, 2013
President, Please take your hand off the judiciary. Respect the rule of law
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Wajira / January 30, 2013
Sad, Sad, Sad, Mother Lanka is bleeding, as no one with right mind to save her.
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Arunashantha / January 30, 2013
Weerawansa said that Lady CJ if she had some degree of morality should step down as her husband was charged before Court. What these preachers have got to say now. The man they appointed is probably the worst man ever appointed as the CJ. GL Peiris, Weerawansa, Rajitha Senarathna, Priyadharshana Yapa, where are you now. People demand you to make your stand on this cheat, Mohan Peiris, known to the whole world. You may some time deceive some people, but you cannot deceive all the people at all the time.
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Fedricks / January 30, 2013
Recent incidents prove that there is no rule of law in the country. President Rajapakse cannot deny that he not aware of the case pending against Mohan Peiris in the Supreme Court. In the Parliamentary Hansard record of 18th July 2012 fully expose this particular case against Mohan Peiris.
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Ann / January 30, 2013
Donkey President is naive and silly decision maker. That is further becoming clear with the new appointment of MP as COUNTRY^S CJ.
His 40 year experience in lanken politics contain more corruption filled issues than anything else, not even good enough to become a minister of earlier times in SRILANKA. Today the ministers appointed by him are either robbers, drug dealers or rapists. This is the saddest reality in our motherland – that is current captured by a bunch of palhoru – rascals.
CBK is very right to call the bunch – uncultured rascals.
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Susanthika / January 30, 2013
We never thought that the most popular President in Sri Lanka ever would fall into such a low class to appoint such a dishonest man, with so many serious charges pending against him, as the Chief Justice of Sri Lanka.
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Ann / January 30, 2013
It looks as if could work for his waterloo. wait and see. Days are numbered.
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Nandasiri / January 30, 2013
The national daily, Ceylon Today, on Sunday 27th Jan 2013 came out with the most appropriate heading regarding the appointment of a proven CHEAT to the post of Chief Justice which read as follows. MOHAN PEIRIS: JUSTICE FROM THIS CHIEF JUSTICE?
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Nimal / January 30, 2013
This country is in dear need of people like Mr Kodituwakku, his bravery on taking this case is truly commendable. Sri Lanka is a great nation with so much potential; it’s the thuggish crude manner of the leaders that let it down. MP you are a disgrace to humanity, and a waste of space in this world. When an idiot gets a taste of power his greed to maintain that overrides everything.
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Roshan / January 30, 2013
Let this be the start of a revolution, we as the people of Sri Lanka have the right to move forward as a country. It’s so shameful to see a country degrade away at the hands of the head of state. Mr. Kodituwakku I salute you, in all my years I have never come across a lawyer who has such determination and courage to take on such a dangerous case alone. You are a true inspiration to the motherland, but please proceed with caution. This must be a very difficult time for your family.
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Aruna / January 30, 2013
These kind of articles give me hope, hope that there are some righteous people in Sri Lanka. Mr Kodituwakku, I am sure I speak for the nation when I say we are all behind you. My thoughts are with your family, I can only imagine what they are going through.
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Jaya / January 30, 2013
The judiciary system has got nothing but a arse kissing puppet (Mohan Peris) who were appointed as the CJ by the puppeteer himself in this case being Mahinda Rajapksha, so he could run the show as he pleases. The unity of us Sri Lankans together with those who are brave as Mr. Kodituwakku will enable the country to be reinstated as a law abiding state.
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Prakash / January 30, 2013
What a pathetic excuse of a government Sri Lanka has. A man should never have to risk his life for justice. They say what goes around comes around, so with that in mind MR we are all eagerly waiting for the bitter end of your dictatorship. Appointing disgraceful low life like MP to make your life in the judiciary system easier is just sad and degrading. We are aware of the torment that the previous CJ, SB, had to go through by the hands of your goons outside her house. Your actions couldn’t be more transparent, your name is tarnished and worthless, all respect you think you have is lost. You are an embarrassment to the country, to your family and to your self. I can only wish for more morally strong and correct people like Mr Kodituwakku to help us achieve what we all desire, a safe and just motherland.
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Weerasekara / January 30, 2013
What happened to the bunch called ‘Lawyers Collective’, it looks as if they have staged a sham protests just for fun with 48 hours break declared and then returned to the den for hibernation for another two weeks or so. They have now completely forgotten the Lady CJ, who was unlawfully removed, and now back at their usual practice of sucking the blood of innocent litigants. Let the God bless this bunch of ‘peoples’ lawyers’ who charge nothing less few lacks to appear in human rights violation cases. What moral support this group provides to this lawyer who, seems singlehandedly fighting this case against Mohan Peiris.
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Ann / January 30, 2013
So it seems the 2nd Impeachment is due within 4 wks – according to the latest sources. …
All these are because the leader of the country today is pragmatist, political veteran, cardboard lawyer, Tsunami Embezzler, Contract Killer, Srilanken Polpot, reelected through vote rigging/computer manipulations… and and
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Kitchilan / January 30, 2013
I was wondering why those thugs clogged at the Supreme Court entrance cheered both Mohan Peiris (on his first day of arrival at the Supreme Court after accepting the unlawful appointment as the head of the judiciary) and Wijedasa Rajapakse BASL President. The BASL head cleared my doubt with his post conduct (after Mohan Peiris’s resumption of duties as CJ). Now these people happily eat and drink, as if nothing untoward had happened. The absolute silence of the BASL in this particular matter due to come up before the Supreme Court only shows that BASL is nothing more than a body of irrelevant bunch of selfish and disintegrated people who are prepare to compromise their integrity for private gain. God bless BASL.
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Oshini Kodituwakku / January 30, 2013
My dad, you are an exeptional dad and I love you so much.. I am very worrid about you and I really want you to drop everything there and come back home!! You can’t single-handedly achieve the goal you are aiming at, in a country where your sacrifice will not be recognised by the majority of people over there… Please think about our plight without you and please.. come back home now!!!!
Oshi duwa xx
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srilal / January 31, 2013
Dear Oshini Duwa ,
i can feel the pain & anguish you and your family going through , you are right , majority of people in SL do not and will not appreciate your dad’s bravery act , sadly it’s a fact. Oshini Duwa there is one positive aspect of the story though , your Dad is a British national and he has informed the British authority and local public about the impending danger.
i doubt the junta will go after your dad this time , but certainly in the future , when this drama is over , make every effort to keep him away from SL.
You may be aware of Kumar Gunaratnam sordid affair , Junta was after him , but Australian government timely intervention miraculously saved his life from certain death. So please inform your local MP as well as British foreign office about the real situation he is in .i wish him a safe return.
May God bless your Dad & your family!
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Jayantha / February 4, 2013
Dear Oshini Duwa.
We as Sri Lankan Sinhalese are greatful for your dad, you and his family for coming foreward to tell the truth as to what corruptions are going in Sri Lanka.
Last week the crook got down a 350,000 Rolls Royce paying only 30% of tax.
The rest of the 70% was not paid due to frauduntly altering the cost of the car. This is the way he run our country.
Please don’t get scared as since British Embassy besides your father….he is in good hands.
Please tell him to hire a private security firm, if he feels that there is a threat to his life. Also make sure that his GPS monitors his whereabouts when he travels. Also there are bullet proof vests in the market where he could get one and a security alarm system that activates when he is nin danger.
I hope and pray both your dad, you and his family are in safe hands.
Bye.
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Pasan Herath / January 30, 2013
As a person supported Mahinda Rajapakse and his brother Gotabhaya throughout their campaign s against the anti – Sri Lankan elements, I am at a loss to understand what has happened to their right thinking process. We never knew of this Joker Mohan P wiho has proven himself as an Aritta Keevndu Perumal who had destroyed the great king Rajasinha the First. Mohan Peris never knew Mahinda Chinthanaya. He has been cheating the LAW itself throughout. We are sad about both MR and GR. This cheat of a Chief Justice is bound to destroy all the hard won stuggels by the poor soldiers and the people of this country in no time purely for personal gains ! Remember, not only the lnternational community but all our forefathers and all those who have been sacrificing their lives for the country are watching each and every step of yours ! not at the Joker Mohan P who no integrity
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Shyam / January 30, 2013
What kind of justice Srilankans can expect from a barbaric regime. Poor country is in hands of Flock of Donkeys. Now Rajapaksha has appointed a fraudster utterly dishonest moppet to shake the law and order in the country the way he wants. This is utterly disgusting. This is what happened when the people keep silence for wrongdoing. I salute to the one and only patriotic man Mr Kodituwakku who has come forward to save at least the justice in the country. My blessings are always with you. You are a real inspiration to the whole wide world.
Shyam
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The Professional / January 31, 2013
Bertolt Brecht’s “Caucasian Chalk Circle” is being staged with real characters with CJ himself playing the role of Azdak. The “Governor” has cleared him and the cases before him piling up day by day.
The only difference between Azdak of Caucasian Chalk Circle and “Azdak” of Hulftsdorp is that “Azdak” of Hulftsdorp is compelled to sit in judgement of cases against him.
This will be the best test in the world on Principles of Natural Justice. The out come will demonstrate whether the “Law is an ass” or not.
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The Professional / February 1, 2013
I would like to place before the Azdak of Hulftsdorp the issue raised by Minister Wimal Weerawansha for an interpretation. Minister WW stated during his speech in the Impeachment Debate that “like Eve was created from a rib of Adam, the judiciary was created by the parliament”. (About 25-years ago his party wanted to destroy the parliament, which he now says supreme.)
While watching him on TV I thought otherwise. That is the Parliament, Judiciary and the Executive were created from bones, flesh and blood of people of the country, whose sovereignty is inalienable.
“Azdak” of Hulftsdorp,
Over to you for an interpretation.
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LONE RANGER / January 31, 2013
ALL THESE HAPPENINGS OF THE RECENT PAST; INJUSTICES, THUGGERY, ASSAULTS,FRAUDS,CORRUPTION,AND BLATANT HYPOCRISY,IN MY OPINION ARE JUST THE TIP OF THE ICEBERGE. WE ARE IN FOR A FURTHER DELUGE OF TOTAL ANARCHY AND BRUTALISM.WHY DO YOU THINK THE TRIUMVIRATE IMPORTED RIOT MATERIAL FOR OVER 300 MILLION? WHY DO YOU THINK THEY APPOINTED A FURTHER 13 DIG’S TO THE POLICE FORCE? WHY DO YOU THINK THEY INCREASED THE POLICEMENS ALLOWANCES? THEY ARE GIRDING THEIR LOIN CLOTHS TO FIGHT AND ANNIHILATE ALL OPPOSITION TO THEIR AUTOCRATIC DICTATORSHIP. THERE IS NOTHING YOU AND I CAN DO EVEN IF WE STAND ON OUR HEADS DESPITE THE BRAVE TYPES TRYING THEIR BEST TO EXPOSE THE ROGUE REGIME WE ARE BEING RULED BY.
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Kumar David / January 31, 2013
At this moment thare are about 70 comments applauding Mr Kodituwakku’s courage. There was similar support for CJ-SB a few weeks ago. Now the point is this; what are we going to do if Mr K is harmed or if threats multiply and he is forced to flee the country?
I have been trying hard to argue that scolding, criticising etc is very inadequate. People must get together to organise and function with long term perspectives about ACTION to turn back the juggernaut and protect democracy. No need to broadcast what you are doing; I just hope commnetators are not limiting themselves to words – which are cheap and easy.
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LONE RANGER / January 31, 2013
Absolutely true, what can we do !
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hope4change / January 31, 2013
Yes,what can we do? How can we mobilise ourselves as ordinary citizens across ethnic and religious lines to put an end to this crazy regime?the anglican archbishop has called on people to get together at the cathedral on the 4th of Feb for special prayers.wouldn’t it be great if all religious dignitaries get together? Mr kodituwakku – much respect to you sir. Stay safe.
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Mahela / January 31, 2013
It is shame for an absolute thief to be the chief justice, dishonouring the supreme court of law that was kept a virgin uptodate by the honoured judges.
The first ever absolute Tsunami thief who robbed International donations sent to poor people, chased honourable CJ shirani Bandaranayake and appointed another thief Mohan Pieris to do Alibaba’s dirty linnen washing.
The absolute Hambanthota dirty uncivilised Crook family disgraced and contaminated the whole judiciary that was kept a virgin upto date.
What a fake, double character, cunning fox thief of same caliber roaming with same natured foxes, exploiting our country.
I send herewith my heartfelt gratitude to Mr.Nagananda Kodituwakku for coming foreward to Rescue our country from Absolute Cunning fox Rajapakse family and Mohan Pieris Thieves.
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Aruna / January 31, 2013
according to the this situation, it’s clearly understandable that MR want’s to appoint his own law, and control it according to his need and step up into a dictatorship.As children of mother Sri Lanka we must not let it happen.It is hard to find people like Mr.Kodituwakku who stand against the injustice.Therefore it is our part to help him and stand along with him and appoint the rule of law in our country again…
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priyadarshani / January 31, 2013
Not CJ he is a TJ [Thief Justice]
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Champika / February 1, 2013
I witnessed the whole drama unfolded in the Supreme Court today. The degrading the quality of the judges and their timid surrender to the MP is pathetic
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Sulochana / February 1, 2013
Today the judges of the Supreme Court in explicit terms demonstrated their allegiance to Mohan Peiris,a proven cheat, conveniently abandoning the legitimate CJ and throwing her to the dump yard. Yet, the courageous fight launched by the British Lawyer Nagananda Kodituwakku single handedly, under threat to his life, was admirable. Surely CJ Shirani B should have heard this case, before forcibly removed from the Judiciary.
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