Namal Rajapaksa’s law exam cheating case goes to Geneva

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By Colombo Telegraph

The scandal of Namal Rajapaksa, eldest son of President Mahinda Rajapaksa, Member of Parliament, and heir apparent, receiving favoured treatment by the authorities at the Sri Lanka Law College at his attorneys-at-law final examinations grabbed media attention earlier this year. Thushara Jayarathna, another candidate at the exam, alleged in complaints made to the police, Law College and even the then Chief Justice, that Namal Rajapaksa had been accommodated separately in an air-conditioned room with internet enabled computer facilities to sit for his examinations.

Namal Rajapaksa - Colombo Telegraph

Namal Rajapaksa, eldest son of President Mahinda Rajapaksa, Member of Parliament, and heir apparent

In the present political climate of Sri Lanka, the courage of Jayarathna’s decision to go public does not need to be retold. He has not only faced physical harm and intimidation for his trouble, but also received no justice either from the Law College or from the Sri Lankan courts. The Supreme Court has thrown out his fundamental rights case on technical grounds, thereby exhausting all his local remedies. He is therefore intending to take his case to the Human Rights Committee in Geneva.

That there is no justice to be had from the Sri Lankan judicial system, especially in cases concerning the ruling family, is becoming alarmingly clear day by day. Bharatha Lakshman Premachandra’s family have clearly stated they have no confidence in the Sri Lankan system and would “go outside and ask for justice“. Shan Wickremasinghe has felt the need to inform foreign embassies about threats to his life.

Below we give Thushara Jayarathna’s account of what happened at the Law College third year final examinations in 2010, and subsequent events.

My name is Dassanayake Mudiyansalage Thushara Jayaratna. I am a final year student at Sri Lanka law College and my registration number is 17988.

On 3rd December 2010, I made an official complaint about irregularities in the Law College examination system. I also registered a complaint at the Keselwaththa police station.  Following my complaint which garnered a lot of attention within the college, in the media and by the Asian Human Rights Commission, I was summoned before college authorities on 11th January 2011 and asked to explain the exact nature of the irregularities. I then listed three main complaints as follows:

1. The college allowed Mr. Namal Rajapakse to appear for his exam in an air conditioned room with internet facilities. This is in direct contravention of rule 60 of the college’s own exam code as well as article 12(1) of the constitution.  Rule 60 of the exam code clearly states that candidates may not have any books or learning aids with them for the duration of the examination. It also does not allow mobile phones – even if they have been switched off. However Mr. Rajapakse was allowed an internet enabled computer on his table. I saw Mr. Rajapakse enter that hall and clearly stated as much at the time of registering my complaint.

2. The question paper on the third day was leaked. I witnessed two candidates discussing the question paper before the exam began.

Tushara Jayarathna - Colombo Telegraph

Thushara Jayarathna has not only faced physical harm and intimidation for his trouble

3. The college registrar used the Law College official phone line to make a threat to my life on 6th December 2010. I was thus unable to appear for the Accounts paper as a result of these threats. The head of the institution then informed me that he would make a copy of my statement available to me. However I have not received a copy to date.

The honourable principal of the Law College then stated to both Lanka e news and the Sunday Leader that I had made the complaint against the institution because I was not fluent in English and went on to dismiss the complaints as mere hearsay.  I immediately wrote a letter to the honourable chief justice on the 26th of January 2011, strongly condemning these statements.  I am making arrangements to send you a copy of the letter as an attachment. In the letter I clearly stated that my complaints were not based on hearsay but on what I had personally seen and heard. I sent the letter by registered post.

With regards to the death threat I received, I would like draw your attention to a statement by the former Chief justice to BBC Sandeshaya, where he said that if any candidate was allowed to appear for the exam in an air conditioned room it would be a clear and serious violation of the institute’s own exam code and would indeed call the entire examination system into question. The hon. Principal made a statement to the media saying that Namal Rajapakse was given an AC room in which to sit for the exam since there was no space in the other examination halls. In my letter sent to the chief justice I pointed out that this claim was an absolute falsehood, since there was plenty of space to accommodate candidates in my own examination hall. The hon. principal then made a statement to the media that a decision concerning me had been made on the 17th. However after sending my letter to the chief justice, and in a response to BBC Sandeshaya, the hon. chief justice said that a decision in this regard had not been taken as yet and that the matter was still under investigation.
However after this you are aware that I was abducted, I was beaten up in my own home and made to forcibly sign documents. Today with absolutely no decision taken with regards to my complaints, Sri Lanka Law College has passed Mr. Namal Rajapakse, failed me and sought to end the matter there. The question that now arises however is the validity of rule 60 of the institute exam code going forward and whether it was not contravened. This would mean that future candidates of this examination would have the right to use the internet enabled computers while writing their papers, or given the limited number of computers within the institution, be allowed to bring portable internet devices. I filed fundamental right application assistant from local human right groups  and Attorney At Law  Lakshan  J.S. Dias.  10/25/2011Deputy Solicitor General Shavendra Fernando and Nerinpulle objected to the taking up the case based on the time bar an the jurisdiction of the case. D.S. Wijesinghe PC appeared for Namala Rajapakse made the same objection and case was dismissed after they heard my submission on the above objections, I would request your help in  presenting my case before the international human rights court in Geneva.  I believe that what took place in the Law College examination is not only a sign of the intuition compromising its own examination code, but also sets a dangerous precedent. If this is allowed to continue, I believe that we may soon be faced with a situation where the children of prominent politicians will be allowed to appear for even the Law College entrance examination in unfair conditions
D.M.Thushara Jayarathna

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96 Responses to Namal Rajapaksa’s law exam cheating case goes to Geneva

  1. 0
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    This is very, very sad indeed. If corrective measures are not taken to provide justice to Thushara Jayarathna, then it is an indication that the justice system and the Judiciary in Sri Lanka is not dysfunctional, just as how the government of the day in Sri Lanka operates. Hungary is the order of the day. It is reliably a known fact that the father of this moron Namal Rajapakse, the sitting president of the day had obtained his law degree in a fraudulent manner and he is not a qualified lawyer as claimed to be. International media and all those movements that work for World Peace and Justice should stand up to this idiot’s bulling. It is a shame that there is no proper and honest system in Sri Lanka to deliver justice in a just manner. Sooner but not later there would a thorough shake up in Sri Lankan political system that would be set a lasting precedent to all developing countries of the world.

    Christopher Kay
    November 2, 2011 at 5:12 am
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      As the saying goes father and son are both stupid morans who deserves a fate same as Gaddafi & Co. How exciting to imagine a scene like that. In the first place how did these two father son combo even got admission to Law College?

      gerard mano
      November 3, 2011 at 3:18 am
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        THe answer is” remeber what happned to your Lord Parabaharan an family”.. think of the 3 times a day… keep on dreaming…you can write anything on these forums… but you will not be able to change our victory…use sinhala names… but we know who you are and who you represent.

        sam
        November 3, 2011 at 6:30 am
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    This is very, very sad indeed. If corrective measures are not taken to provide justice to Thushara Jayarathna, then it is an indication that the justice system and the Judiciary in Sri Lanka are dysfunctional, just as how the government of the day in Sri Lanka operates. Thugary is the order of the day. It is reliably and commonly known fact that the father of this moron Namal Rajapakse, the sitting President of the day had also obtained his law degree in a fraudulent manner and he is not a qualified lawyer as claimed to be. International media and all those movements that work for World Peace and Justice should stand up to this idiot’s bulling. It is a shame that there is no proper and honest system in Sri Lanka to deliver justice in a just manner. Sooner but not later there would a thorough shake up in Sri Lankan political system that would be set a lasting precedent to all developing countries of the world.

    Christopher Kay
    November 2, 2011 at 5:18 am
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      Fat chance of that happening? What happened to Blair & Bush who carried out an illegal war in Iraq and totally destroyed that country? Over one million innocent civilians were killed in Iraq & Afganistan but nothing happened to them? So why should it be different in the case of SL? So does the world only shake up developing countries and let the so called developed countries get away with murdering lives of over one million innocent civilians? what a hypocritical and funny old world. One law for the white western nations and another law for the rest same as one law for MR and his son and another law for the rest of us in Sri Lanka.

      fed up with banana republic dictator thugs
      November 21, 2011 at 10:25 pm
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    Sam and Mahasona ass lickers of MR and his stooges , they must understand there are sri lankans with back bones, not ball suckers like them.

    seruvila senarath
    November 5, 2011 at 5:25 pm
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    One thing we all must realize. We put them there and tolorated their excesses to get rid of LTTE and to prevent the country being devided. But in the process we have created a frankanstein monster. The way the Tamils created their own monster, the LTTE, and suffered for it. This regime knows how to play our minds. I bet, despite all this daylight corruption, cheating and thuggery, we will vote them in again next time. I still remember, when Srimao B forced us to eat manyokka and brought severe austerity measures in the long term national interest, we dumped her and voted JR, falling for his spins. He kept us mezmerized with Japanese TVs and cars while he quitely brought in the excecutive presidency with oppressive dictatorial powers. We fell for the glitter. We are still paying dearly for it socially and politically. Now we are again being taken for a ride by this even more dictatorial and authoritarian regime. We are now so mesmorized by their natinalistic victory pride and euphoria, we have taken our eye off their actual games and their corrupt so called development programs. Again we have gone completely blind to the actual reality. Whats the point in lamenting about Mahinda, Namal, Sam or Mahasonas. Until we start seeing beyond their spins and excercise our meager democratic rights in the true national interest, there will be more Thushara Jayarathnas in this sorry nation. We Sinhalese are brave and intelligent. But we are also emotional fools. JR, MR, and even Prabha knew that. Remember, they did not just pop up to rule us. We brought them in.

    Soori Arachchi
    November 7, 2011 at 7:44 am
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      dictator thug to lead us once we replace MR? You know that the current system only gives us dictators.

      fed up with banana republic dictator thugs
      November 21, 2011 at 10:38 pm
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      SOORI ARACHCHI, i find yours to be the best analysis of the situation so far. So what do we do now? Who do you suggest that our next dictator should be to replace MR? You know that the current system only gives us dictators.

      fed up with banana republic dictator thugs
      November 21, 2011 at 10:41 pm
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    This is LTTE peopaganda. there were no violations of exam rules. International court can not intervene in domestic matters.

    nihal
    November 11, 2011 at 3:11 pm
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    Hey mate I feel sorry for you,dont know you are dumb or jelous.this is happend in past and present and will be in future as well.we know cheating is bad but there are lot of people who cheated got through their exams.so dont worry about others business take care of your own business.all the best and wish to see you as a qualified lawyer in future.

    Joey
    November 12, 2011 at 12:28 am
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    well firstly lets not forget that this president is the one who had the guts to finally end the war!!! and secondly you should be thankful that because of him you have no fear to atleast walk on the streets and go to law classes!!! be greatfull for what you have and stop bickering about all these false accusations,,, without this president we would have been under a bloody LTTE rule!!! im pretty sure you were the guy in school who got “byted” and was an out cast… but this is no reason for you to tarnish some one elses reputation based on no actual proof… think wisely before you act or say anything stupid cos at the end of the day jealousy and foolishness will lead you know where… be happy that you got into the law faculty … free education is expensive for the government… you are just wasting the tax payers money… so with the chance you got try to finish ur exams without wasting mother lanka’s money by creating false accusations!!! jealousy is not the path to success … its only the path to ur failure , so try to make the most of ur time at the law faculty…

    Gayan Ranatunga
    November 15, 2011 at 9:26 pm
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      It is because of idiots like you that this Royal Family is allowed to screw with the rest of us. Ending the war does not give anyone justification to lie, cheat, steal and take away everyone else’s opportunities. First of all, Law College is not Law Faculty and it’s not free. Secondly, this story has nothing to do with jealousy and all to do with fairness and equality. Why should Namal be able to just get into Law College (with his bogus LL.B.) and just be passed. i’m a lawyer myself, why should i have to suffer sitting through long exams and studying pages and pages of cases and legislation when this guy just gets passed? Law College passes out ATTORNEYS! Namal wouldn’t know the first thing about law…why should he be an Attorney? Allowing this is a disgrace to our profession and to the legal system…but then who cares right Gayan? Because Namal’s father ended the war. So we should forget about silly things like fairness and fundamental rights and get on our knees and praise and worship his highness and his idiot son.

      Disillusioned
      December 11, 2011 at 7:20 am
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  8. 0
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    Balagayna Malli oywa “sirisagabow” karrai

    udayakara
    November 17, 2011 at 2:08 am
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  9. 0
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    This should not be confused with whole LTTE story +++. But this is the real situation in the country. Not only legal education but every aspect of the country is affected and controlled by some group of people favouring their family economy and power, ultimately, damaging the country as a whole both economically and politically. They do it behind the shield of war victory and showing multitude of illusions to poor “uneducated” citizens…

    chathu
    November 21, 2011 at 11:28 am
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  10. 0
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    Thats nothing compire to , wthats they did to Sarath Fonseka, Eknaligo, there is no law apply to thugs like Mervin Silva, Duminda, Namal and others. Now sl is wild west. My freind won’t long , you seen what had happen to other leaders around world.

    jimmy
    December 6, 2011 at 4:48 pm
    Reply

  11. 0
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    The good statesman were all KIA, the good lawyers are now capitalists and the good journalists are either KIA or not in the country. So really, there is no stopping what’s happening here, and protesting is pointless. Plus, no one gives a shit about the twats who run out of the country and bitch about it. We finally have peace. Go with the flow, live your life. Injustice happens everywhere and there’s nothing you can do about it.

    Lasantha David
    December 9, 2011 at 9:15 am
    Reply

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    There seems to be at the moment only one MAN in Sri Lanka who pursues his career as a lawyer that is Mr. D.M.Thushara Jayarathna. Hats off to you courageous and brave gentleman. I am sorry to state other lawyers look like females -sorry ladies, you are great- “Female” layers, please at least give this courageous man your support and protection because he is doing in the name of justice and for all others in the country. Long live brave man and may god protect you!

    Ajantha Premasiri
    December 17, 2011 at 2:39 pm
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    Thushara Jayaratne should be honored by civil society. His courage of his convictions is admirable. It is a shame that all our bigwigs in the legal profession are spineless bootlickers.

    R.M.B Senanayake
    December 18, 2011 at 3:22 am
    Reply

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    Thushara Jayaratne – Hats off brother for your courage and for putting justice before your own personal gain which ultimately ended up in you failing and him passing the exam! it’s no point talking about the education or justice system in Sri Lanka because talking is what we Sri Lankans are good at doing. Not walking the talk! I admire you and will back you up if there’s anything that I could do from US. Take care

    Nadi
    December 23, 2011 at 5:12 am
    Reply

  17. 0
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    Thank you for some other informative website. Where else could I get that type of information written in such an ideal method? I have a challenge that I’m simply now operating on, and I have been at the glance out for such information.
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    Who else needs signs the woodlands
    January 6, 2012 at 1:16 pm
    Reply

  19. 0
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    Santa-Fe-Attorney
    January 7, 2012 at 12:18 pm
    Reply

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  22. 0
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    I appreciated you courage but dont give up.I know how hard for you to live in this situation.We need to join together to work against the impunity doing by these top political persons who have taken the law to their hand. If we all dont act like Thushara this will not end. Thushara, please take courage you will find justice soon. I am sorry for your parents I like to visit them . Remember you are not alone

    HF
    March 12, 2012 at 6:27 am
    Reply

  23. 0
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    This uneducated playboy became a lawer overnight like his farther. unfortunately no upstairs only bottom half is functioning in both of them.

    kuma
    March 28, 2012 at 11:36 am
    Reply

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    A worthless cheating bugger. But what is worse is that he will most likely be the next president. Someone needs to get rid of the whole family before its too late.

    Observer
    March 30, 2012 at 1:36 am
    Reply

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    Raja paraya is the one who will destroy our whole nation before too long we have to get rid of this underworld kuudu whole family soon to save this nation.

    KUMA
    March 31, 2012 at 10:09 am
    Reply

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    D.S Wijesinghe aliwaya apear for criminals. Though he is an lawyer he does not know the difference between law and justice. anyway he must collect money for his bypass operation. he is also an Rajapaksha’s washing machime

    Pradeep Kulathunga
    July 8, 2013 at 3:09 pm
    Reply

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