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
Piyasumana / February 2, 2013
I am a lawyer and a keen observer of the case against Mohan Peiris, whose appointment as CJ had ridiculed the Judiciary. In my view, it was predetermined to dismiss this application today. First it was scheduled to come up before Justice Marsoof at Court No 502, who had allowed the Petitioner to amend the initial Petition with all ‘specific’ material that exposed Mohan Peiris’s gross misconduct and dishonesty, that were removed by the previous Counsel for the Petitioner.
Just half an hour before the Court session commences it was announced that this case had been transferred to Court No 403,where the Presiding judge Ratnayake, who had already noted that for personal grounds he do not wish to take part in the proceedings. Yet the AG was determined to proceed with the matter with the other two Judges, but the Petitioner objected and the objections were raised on the basis that he cannot expect justice from hettige J who had been already reported to the CJ Shirani Bandaranaye for his bias attitude towards Mohan Peiris in this case. That objection was simply overruled by the Court and Hettige J himself decided to proceed with the case and heard the submissions made by the AG and allowed the ‘unfounded’ preliminary objections raised and dismissed the application, absolutely denying fair trial to the Petitioner.
Sri Lanka is a failed state, where the rule of Law clearly is undermined and the judges have meekly surrendered their integrity. The Counsel Nagananda Kodituwakku, may have fought a valiant fight for his client for justice, but the truth is that in this country, one should understand the ground realities, no one should expect justice from the Judiciary under this Chief Justice and the outcome of this case simply reaffirmed it.
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Dahanayake / February 2, 2013
All the Judges attended the sham ceremonial sitting demonstrating their solidarity to Mohan Peiris PC, with no participation of the BASL, conveyed a unambiguous message to all citizens in this country. It is sad that these judges (except one or two attend by compulsion) have conveniently forgotten that they are the servants of the people, who exercise peoples’ judicial power in trust and that they are steadfastly committed to uphold the peoples’ civil liberties and fundamental rights. The ruling pronounced by the Fundamental Rights violation case (SCFR/536/2010) supported by the Counsel Nagananda Kodituwakku yesterday is a strong statement to all the citizens. “Do not expect justice and fair play from the Judiciary under Mohan Peiris”. This ruling has set a precedence that would be followed in all the future cases. It is a startling warning to all citizens, which states that no one should dare to come before the Court seeking justice when their civil liberties are infringed. The people should notice that already tens of millions of rupees worth of required gear necessary to inflict damages on the people have been already imported and necessary inducement have been already provided to the Police with 100% increase of their allowances approved. Under the new setting the people should prepare to suffer degrading or inhuman treatment in the hands of the Executive, as going before the Court seeking justice, is likely inflict further damages.
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Wickramasinghe / February 2, 2013
Attempt made all alone to let the country know true character of Mohan Peiris is commendable. But unfortunately, as one already had said everything was preset to dismiss this application without allowing the Petitioner to present his case. I feel very gutted for failure on the part of all lawyers to demonstrate their solidarity against lawlessness in the Apex Court itself, that appears to be very unlikely, from the profession today, that is fully self centered
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Liyanage / February 2, 2013
It is very unfortunate and pathetic that all Sri Lankans have lost their moral integrity and will to fight against the wrongdoing, it seems that most prefer to suffer in silence.
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Liyanage / February 2, 2013
Peoples’ ignorance and lack of interest to fight against wrongdoing has given the govt open cheque, to behave as they please. Now we have executive judiciary, probably the only one in civilized world. People have no option but to look for other avenues.
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Wijitha / February 2, 2013
I wish to let the fearless lawyer who presented the case against fraudster Mohan Peiris for the Petitioner singlehandedly know that although most of us who do not condone wrongdoing but unable to show our dissent openly, our thoughts are always with him for his selflessness, courage and determination for justice for fellow Lankans made to suffer silently by the lawless regime.
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Shah / February 2, 2013
Every right thinking person should appreciate the selfless attitude of the lawyer, who presented this case in a very dangerous environment, where his own life was under threat. Our minds and thoughts are always with this right thinking man who fought for justice.
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Anoma / February 2, 2013
People with insight know why Rajapakse was so hurry to remove Shirani Bandaranayake. When this matter was taken up before her on 20th Dec 2012, she firmly gave assurance to Mr Kodituwakku that she would take it up for hearing on 31st of Jan 2013 and Govt was so determined to remove her before that date. If this case had been heard before her, the Cheat Mohan Pieris would have been surely behind bars. Once he is freed from the allegations of dishonesty and misconduct, in his role-played in defrauding of millions of public funds that would clear him from the ignominy. Being the head of the state Rajapakse is required to allow Judiciary function independently, which he had denied by making it executive controlled Judiciary.
The Counsel risked his life to show the people the true character of this cheat. The President should be ashamed of himself of his style of governance. He has shown the people that he would do any disgust act to remain in power. But he should not forget that, although he can deceive the locals easily, he cannot do the same with the International Community, as they are following every moment of the government with keen interest.
Fully drunk with power, Gadafi and Saddam, until their downfall, thought that they would remain in power for ever, like in Sri Lanka, and all media institutions painted a totally deceptive picture to the outside world but the history has now shown that such acts would never work.
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Milan / February 2, 2013
Mr Kodituwakku your valiant effort in this case has not gone unnoticed by the politically aware individuals in Sri Lanka. I cannot think of any lawyer present in Sri Lanka today who would have the courage to risk their life and present this case. I do believe it was you, Mr Kodituwakku that conducted a solo peaceful protest in December outside the supreme court against the undermining of the judiciary by the Executives. You are a truly remarkable man, and your actions are admirable. It is a true shame that this case was not heard under the previous CJ. The judges in this country are pathetic and lack conviction to justice; they hide themselves underneath their pointless wigs and are ignorant to the blatant scandal presented to them. All of the judges hearing this case should step down from their duties, if they cannot uphold the rule of law what is the point of having them. I understand there may have even been strict communication between the MP party and the judges to prevent this case from progressing by any means necessary. I eagerly await the day where I can say I live in a lawful state.
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Heshani / February 2, 2013
I shake my head in despair. Sri Lanka a nation gifted with natural beauty and an abundance of resources, ruined by the political madness within the bitter corrupt dump they refer to as the government. An institution full of liars and thugs, who bend the law whenever they please especially when the find themselves in a bit of bother. MP you are an embarrassment to your motherland. Mr Kodituwakku I commend your efforts in this case, although the outcome of the hearing wasn’t ideal you showed the nation the state of the failing judiciary in SL.
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kusum / February 2, 2013
I didn’t realise that MP had an Oxford definition these days…
Mohan Pieris
adjective;- abbreviated as MP
1. Often used to describe the corrupt or evil conduct by an individual who is above the state law: threatening the opposing party so Mohan Pierisingly was the way in which that thug avoided jail.
2. Describing an individual engaging in morally wrong acts or fraudulent acts when they hold a key post in the government: Bill Clinton should never have sat on a desk whilst Miss Monica Lewinsky was underneath it, it was very Mohan Pieris of him.
noun;
1. The faeces of cunning animals, often from a hyena: I stood on that dirty Mohan Pieris of that scum of a hyena.
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chaminda / February 3, 2013
Haha this comment did make me laugh…
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ritara / February 2, 2013
It would take just about a miracle to restore justice to this nation. Mr K would have to be the only lawyer making a stand against this, for which I am very supportive of. Its just sad to think that effort was made which led to life getting threatened, which led to essentially a case dismissal. I hope Mr K appeals against this ruling, especially after his client has been made to pay the opposing legal fees.
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Jaliye / February 2, 2013
Here we are, on the verge of yet another so called day of freedom. But what’s there to celebrate and feel proud of rather being ashamed and disgusted at this lawless, corrupted M R Gaddafi ruled hell-hole of a country. I mean seriously, the only freedom he could give is freedom of travel from north to south and east to west. As one Mr. Kirubaharan has said, “Mr President, You MUST Be Impeached!” by the power of the people sooner rather than later for the sake of generations to be born in this land.
PS: As for my Freedom Day pride on behalf of this nation, I honour you
Mr. Kodituwakku. The ‘Man-of-Steel’ in our family.
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Dayan / February 3, 2013
Mohan Peiris was at the temple of the sacred took relic possibly seeking blessings to continue with his dirty work. He should keep in mind that the traitors to their respective causes (herein to the Judiciary)who step into this sacred place would undoubtedly face unfortunate repercussions. Dear Mohan, please learn past incidents. a former bhikku
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Gamlath / February 3, 2013
Mohan Peiris as the AG guided the Govt of Mahinda Rajapakse into several pitfalls. Mohan the CJ would carry the same govt to its grave. See, the damage that could be done by placing a man with proven bad record at the helm of the judiciary.
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Deshabandu / February 3, 2013
Mother Lanka weeping with her true sons and daughters are side lined and not recognized under Rajapakse regime. Sad that most important places are occupied by the people with bad characters.
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Koralage / February 3, 2013
Elected Presidents of this country are jolly good people, especially when it comes to the appointments in the juriciary. JRJ (1977-1989) appointed Neville Samarakoon as the Cj thinking he was a stooge. When Nevil J proved otherwise JRJ impeached him. CBK (1994-2005) appointed a proven crook Sarath Silva as the CJ who amply proved his wickedness and finally turned against the CBK herself. MR appointed Shirani Bandaranayaka as CJ, when CJ did her duty he impeached her and then appointed one of the most dishonest men, Mohan Peiris, whilst number of cases pending against him in Courts. Why should the people make a big fuss about this? It is a case of President following his predessors and it seems that this is the accepted style of the democracy in this country. Let’s spare this man, do not disturb the will of the President as Mohan Peiris is the Peoples’ President’s most trusted man for the job.
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Think / February 3, 2013
we r still lucky to have people like Mr.Nagananda Kodituwakku in this country .people do comment in web sites but the problem is will they show how they really feel about this government in public like Mr.Nagananda Kodituwakku.i dnt think so if they did this government won’t be able to act like this fully drunk with power , we saw what happened to GEN.sarath fonseka and to CJ but we kept silent .next it could be MR.Nagananda Kodituwakku, or someone else we will keep our mouths shut and keep commenting on web sites until it turn towards us .
i wish u all the success Mr.Nagananda Kodituwakku, may the blessings of triple gem shower upon u .nothing will happen to u as u live ur life according to ur religion .be safe n tc f ur self …!!!
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chaminda / February 3, 2013
The judiciary of Sri Lanka is a joke. MR, the leader of this clown show, does a great job at being the worlds greatest idiot. Having impeached the previous CJ he had to find a scum replacement who he had full control over. MP obviously shone to him as the ideal imbecile for the post. Anyone that even glances at this case can easily see MP’s true colours and his fraudulent actions. Why does it take a man to risk his life just to present this case to the supreme court I will never know. We live in the 21st century MR, a time where the international court can very easily bring an end to this clown show, which I so hope they do.
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Manike / February 3, 2013
Mr Kodituwakku you make me proud to call me a Sri Lankan, your solo stand against this corruption within the state is very commendable. I was lucky enough to be present for one of your cases regarding the closure of a chicken farm, which you done absolutely free of charge for our small village. You have an amazing gift sir, you speak for the people. Just reading a few of these comments on here I can see that the people of Sri Lanka have really grown to like you. Your son’s words only prove to me that you are a great father and an idol and your daughter’s words bought tears to my eyes, you have bought them up well. But please be careful when endeavouring on cases like such because I am sure I speak on behalf of many readers when I say we dont want anything to happen to the rare Sri Lankan honest man. God bless
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Joel Mendis / February 3, 2013
I live in Sweden and when I heard that a lawyer was presenting a case against MP I couldn’t believe it. I am fully aware of the MP character and his unique way of dealing with problems he faces. Mr K you are a brave man to take on such a case for which I do salute you for. We are citizens of Sri Lanka have to put an end to this misery we call our government. I honestly dont believe this country will ever move forward in the world with such thugs like MR and MP in power. MR and MP your days at the top are numbered.
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Pathum / February 3, 2013
SL face a difficult situation, it is a shame to see such an amazing country be wasted by the crude men that call themselves leaders. I do hope justice is brought about and the law is upheld
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Dolus / February 3, 2013
If one commits a wrong then only a fool would be ignorant of the repercussions. MP take responsibility in your life for once. MR if MP is impeached as a result of this case then I believe I know the ideal candidate for the new CJ post. Take a look at his CV:
Name: Pohan Mieris
-Stolen 700 million rupees of public funds
-Threatened the life of many innocent civilians
-Imported 14 cars, all avoiding the hefty customs duty
-Have my thugs on speed dial for emergencies
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Ashamed / February 3, 2013
How shameful this is, when a man attempts to do the right thing his life has to be put on the line. Sri Lanka is a failed sate and it is the corruption in the heart of the government that should be blamed. All of the presidents have the propensity to select the absolute worst candidates for the job of CJ. The previous CJ was the only one to show at least a glimpse of common sense for which she was impeached. MR your judgement in taking MP as your little helper in your scam may just prove to be your downfall.
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Piyasoma / February 5, 2013
I am at a lost to understand what happened to the credibility of the people of this country. It seems that such characteristics are completely irrelevant in the today’s context.Only people to be blamed themselves for electing all sorts of criminals to the legislature. Some, like Mervin Silva, was elected with the highest mandate from the Gampaha district. so now they deliver what they think is the best.Suffer in silence don’t blame them. They were the people’s choice.
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Puj / February 6, 2013
The evaporation of the valued in the society suggests that the DNA of the Sri Lankans have been completely changed.In early days they had the character and will to fight the injustice and oppression. Not it seems that all that qualities is in the history. Probably new information technology, tv and radio, that day in and day out feed the people with utter falsehood, had washed the brains of the entire nation for good.
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Samantha / February 6, 2013
It is so sad to learn the loss of good character of the people. The Nation is so skeptical about the politicians belongs to all the political parties. What this country needs today is a selfless Mahatma Gandhi style leader.
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Munaweera / February 8, 2013
We, all Lankans should ashamed of ourselves for not been committed to support a deserving case. If there is an iota of self respect all ‘Back- Coats’ should unreservedly apologize to the foreign lawyer who fights this case with no support whatsoever from the other members in the profession.
It is pathetic that these so-called members in the ‘noble profession’, have no guts even to extend their moral support to the lawyer despite the final outcome of this case which would likely decide the fate of rule of rule of law in this country, and the failure of the AG’s department to uphold the rule of law.
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Gunawardena / February 8, 2013
The rule of Law is crucial to term-prosperity. Respecting legal system is part of cultural heritage of any country. Therefore, Mohan Peiris who faces a serious charge of misconduct in this should have informed the President Rajapakse that he was a respondent in a case pending case of fundamental rights.
He should have pleaded with the President Rajapakse not to appoint him as a CJ until at least this case was disposed of.Therefore, people addressing him as the de facto CJ or Chief Injustice is amply appropriate.
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Elmore / February 9, 2013
I honestly believe that at least few young lawyers would come forward to support Mr Nagananda Kodituwakku, to expose the absolute lawlessness and dishonesty of the public officers employed at the AG’s Department. None of these fellows have been chosen on merits or otherwise. All have been selected purely on the basis of their connection to the sitting judges and most senior staff of the AG’s Department. This practice should surely come to an end and no fellow employed at the AG’s Department should be appointed to Judiciary. Right now our of 11 judges except Immam J and Ekanayake J all others are from the AG’s Department. These people would do their utmost best to protect the interests of the AG’s Department. Naturally, they don’t won’t to see the dishonesty of the AG’s department exposed.
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