1 June, 2020

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No Evidence Or Expert Health Opinion That Election Cannot Be Held: Counsel For P.B. Jayasundera

Counsel for P.B. Jayasundera Secretary to President Gotabaya Rajapaksa told a five-judge bench of the Supreme Court on Wednesday that there was no evidence that the parliamentary elections could not be held while the corona virus pandemic rages.

Dr. PB Jayasundera

President’s Counsel Romesh De Silva appearing for Dr Jayasundera while outlining his objections to the eight petitions before the Supreme Court challenging the June 20th polls date and Rajapaksa’s refusal to recall Parliament, told a stunned courtroom that there was “no evidence or health opinion that an election cannot be held” as the country battles COVID-19.

The submissions by De Silva PC appearing for President Rajapaksa’s top official came after three Counsel for the Elections Commission elaborated on how the prevailing curfew and partial lockdown situation was making it impossible to make election preparations, and announced that it could take 9-11 weeks after health experts declared normalcy for a poll to be held.

Making submissions at the end of proceedings yesterday, De SIlva PC outlined his objections to the petitions. They were mala fide and malicious in intent, Counsel for Jayasundera declared and did not meet the time bar requirement for fundamental rights applications to be brought before the Supreme Court. De Silva PC also said that the petitions had failed to cite all necessary parties to the case, including he said the general secretaries of all the political parties contesting the polls.

Jayasundera’s lawyer further submitted that the joint declaration made by all opposition parties in Parliament was a ridiculous document because it pledged opposition support to the Government to fight COVID19 and vowed to not bring a no confidence motion against the ruling party.

“The job of the opposition is to oppose. If they are not going to oppose then why do they want to reconvene the House” he submitted.

Proceedings will recommence at 10AM at Court Room 501 of the Supreme Court on Thursday May 21 to hear further from the respondents to the eight petitions. (By Chinthika de Silva) 

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Latest comments

  • 22
    3

    Whaaaaa? I almost fell off my chair at these submissions from counsel for Jayasundera. What utter poppycock, I say, dear boy.

    “no evidence or health opinion that an election cannot be held” as the country battles COVID-19?

    Indeed? What has he been smoking?

    And it gets better…..“The job of the opposition is to oppose. If they are not going to oppose then why do they want to reconvene the House”?

    Really? Hand me a bucket, I think I’m going to puke……..

    Is this the beginning of the long end to Presidential rule by fiat? Bloody hope so.

  • 19
    3

    No evidence, but anyone with some sanity would know

    1) How can any responsible leaders even think of an Election, with the ground situation in the country yet today with increase number of COVID patients – not having reached any kind of ” flattening the curve” status – – those countries in Europe, even if they could long before start becoming normalize going by their statistics, they never did so, because it will be greater risk if clusters would be the consequence.
    :
    2):Srilankens in general cant compare it with that of South Korea which is a developed nation being able to provide their voters with all what they need in terms of protecting their lives, while we the srilankens are just an another hungry nation, whose rulers of the day have proved to be LOOTERs also in the distribution of the 5000 bucks (25 dollars each family) in their LOCK-DOWN. The man appointed to be the lead is from their family, similar to the state affairs of North Korea, and was alleged to have committed high crimes during his elder brother JUNTA regime until 2015.
    .

  • 20
    2

    PB Jayasundhara aka ” PADI BAGE – half of the salary” was a convicted criminal going by his crime investigations – so anyone with some knowledge would not appoint him to the position. But so called, hand picked people s saviour Gotabaya Nandasena former asylum seeker/petrol shed fuel assistant in US had no brains but appointed him.
    :
    So what more discussions would be needed to convice the folks ????????

  • 16
    1

    What PB Jayasundera and his lawyer PC Silva can do other than to read what was given by the American Gotabaya? Election Commission already said they can’t have election before September depending on the Helath experts.
    What a finding from Gota that opposition is only to oppose the government. Where is the government now? No Parliament means no government?

  • 8
    3

    PBJ/Silva, please tell us some new stories not the same old crap. You have Gotha for president, Shavendra in charge and literally managing “like a war”, military at the front line,( not health workers),hand picked health authority giving green signal, GMOA to support, military as Heath Secy, others are denied of any access to information, if anyone questions they will be charged by Law for “obstructing such a wonderful relief mission”, ZERO CASUALTY” (rescue/ humanitarian mission) from past as evidence and how do you expect such evidence ???? What you did not tell courts are, you had a deadline for virus, and its “election first and Covid next”. Health Authority is willing to play game but not EC and opposition. GOT IT. Why you need evidence ???Go out there and random pick hundred doctors from periphery and ask the question ???? Why is that , your buddies in WHO is yet to commit or opine on elections ?????

  • 12
    2

    Ajith, you well know reading between the lines of Gotha,s statement ‘ Opposition is there to Oppose”, he does not want a opposition, he does not want constitution, (I guess it is causing constipation to him ), he does not want the Laws which interfere with his plans, he does not want the parliament, he does not want health workers at front line to manage pandemic, he does not want any advise or opinion from people other than his hand picked experts, he does not want anyone to question or even ask for information and there are special laws to curtail them, but his priorities amidst pandemic are pardoning and freeing a murderer , threatening (like Trump) to pullout of all organization which criticize him and his military, promote the accused ones, put a few innocent behind bars and setting a expiry date for the pandemic virus.

  • 6
    0

    Call it naive, Was PBJ or Silva wearing a MASK in court ???? They should be attending , without it just to prove there point. (like Trump , but he is now wearing after Virus gate crashed WH uninvited)

  • 4
    0

    “…there was no evidence that the parliamentary elections could not be held while the corona virus pandemic rages.”
    I reject the view that the elections should be held as scheduled. But the above text takes for granted that “corona virus pandemic rages”, which I doubt is something said by PBJ. It is bad journalism
    *
    The spread of infection is largely contained. So there is no raging pandemic.
    But the disruption caused by the full and half curfews has to be ameliorated before elections.
    Lifting the curfew and return to normalcy is a prerequisite for fair elections.

    • 2
      0

      “Counsel for P.B. Jayasundera Secretary to President Gotabaya Rajapaksa told a five-judge bench of the Supreme Court on Wednesday that there was no evidence that the parliamentary elections could not be held while the corona virus pandemic rages. “

      ” But the above text takes for granted that “corona virus pandemic rages”, which I doubt is something said by PBJ. It is bad journalism ”
      That is only a forceful, biased interpretation of the report.

      Jeyasundra get his authority from president. President has no authority to instruct anything to EC. PBJ’s letter in reply to EC’s polite request to consult SC, very sternly instructed to EC “you better change the date and quickly conduct the election or face the wrath of us”. If you had missed PBJ’s letter please read it back in CT. Any doubt, bring it back, we can explain the meaning of the latter, whether it is overt or covert meaning.

      I don’t think the above faulty evaluation of journalism came from a misread problem, but a biased mentality to support Aanduwa.

  • 2
    0

    “The job of the opposition is to oppose. If they are not going to oppose then why do they want to reconvene the House” he submitted.

    This was a question we raised in CT in the news piece saying that the joint opposition solemnly promising not to bring an NCM, though they have the numerical majority. Opposition explained eventually for that type of questions, that their interest is to pass needed laws to fight Lankawe’s first pandemic & legalize any needed expenses after April 30th and provide a supervision to rest of the expenses & loans above the limit. Just a word in court that the opposition is not reliable cannot neutralize that kind of requests from opposition.

    If technically possible holding the election during a pandemic, then what is need for that and the worth of it for people have to be SC’s concern. There is no evidence that the election can be held safely in the pandemic without incurring massive expenses like what Korea faced. Election commission explained that kind of money and technical advancement is not with them. So the Court has to balance and see the reluctancy King is having to postpone election & recall parliament under 70(7) and the financial loss disease suffering people are going to face from King’s selfish arrogance. Is it worth to use Rapist Navy and have them infected with corona virus instead using only medical staff, like Korea did? & Why election staff has to face why Rapist Navy faced?

  • 3
    5

    “The job of the opposition is to oppose. If they are not going to oppose then why do they want to reconvene the House”

    HaHa. Nuff said.

  • 0
    1

    The counsel for the Secretary to the President should negotiate with the counsels for EC and negotiate a date for removing all curfews and thereby ask the EC to announce the earliest possible date for the election. Delays damage the reputation of the President as a change agent.

  • 2
    0

    Doctors don’t see the danger to the health of democracy in Sri Lanka.
    COVID19 is a respirational decease attacking the lungs
    Democracy in Sri Lanka is on its last breath…
    don’t kill it off…by paving way for dictatorship

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