The Human Rights Commission of Sri Lanka (HRCSL) has written to Bar Association President, President’s Counsel Kalinga Indatissa raising concern regarding some members of regional Bar Associations such as Mawanella and Badulla, who have refused to appear on behalf of Muslim arrestees taken into custody in the backdrop of Easter Attacks.
HRCSL Chairman Dr. Deepika Udagama, in a letter to BASL President has noted therefore, the family members of arrestees have been forced to seek legal assistance from lawyers in other regions, resulting in them being burdened with a higher financial cost midst hardships and inconveniences.
“It was also observed that members of the Nikaweratiya Bar had protested when Police had requested court not to grant bail to those arrested on suspicion of participating in the communal violence perpetrated on May 13th in some parts of the country,” Dr. Udagama further states in her letter, raising serious concerns about racial prejudice in some members of the bar.
Pointing out these actions are in clear contradiction of the ethical and honorable conduct, the HRCSL Chairman has called upon Mr. Indatissa to take urgent corrective measures.
We public below the letter below in full:
shankar / June 1, 2019
I don’t think they are racists.They don’t want to get hammered.Sometimes peope glare at you when you purchase something from muslims.I coudn’t care a fart.I know how lawyers will feel.Anyway the arrested must try to get muslim lawyers under these circumstances.You dont want to go to prison for a long time just because your lawyer did not give his best to get you released.The extra cost is worth.Muslim lawyers also must help out by not charging much.Innocent muslims may go to jail.
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Lanka Perera / June 2, 2019
There are thousands of Muslim lawyers, why are they hiding. When Tamils were arrested for terrorism, several Tamil lawyers boldly came forward to represent them despite threats form the government. This shows that Muslims are cowards and have courage only to attack innocent unarmed people. By the way how many Sinhalese lawyers represented Tamil terrorist suspects. Where was this HRCSL when Sinhalese lawyers refused to appear on behalf of Tamils who were on the same plight.
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Mark / June 3, 2019
Why this CT is so anti Sri Lankan, anti Sinhala Buddhist ???
Of couse CT is financed by UNP dirty money & Bond-scam money but wonder if they get ISIS money as well ?
These lawyers should be called Patriotic Not Racist . Racist are
Muslim lawyers if they appear for terrorists / extremists.
CT should mind it’s language.
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Siva / June 4, 2019
If you are so pro Sinhala buddhist yourself, why is your name Mark?
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Chitra / June 4, 2019
You have no clue about the law. Lawyers do not qualify to represent only people of one religion, or the majority only. They take their oath to uphold the laws of the country, and to make sure there is equal justice for all Sri Lankans, good, bad, evil, dangerous, and even racists who make such comments.
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Amarasiri / June 2, 2019
HRCSL,
So, the Muslim Terrorists suspects do not have representation from the Para-Sinhala Lawyers. The Para Sinhala Lawyer’s want bail to be given to terrorist Para-Sinhala rioters, when police thinks that it is not advisable.
This is Para-Sinhala Buddhist Racism. Ask the Tamils.
Q. How do we know those arrested on suspicion of terrorism are in fact guilty, or innocent? That is why , legal representation is needed.
In any case, how does one deal with the ideology of the terrorists who wants to kill and get to Heaven? Suckers! Hadith of Najd.
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Old codger / June 2, 2019
“Pointing out these actions are in clear contradiction of the ethical and honorable conduct, the HRCSL Chairman has called upon Mr. Indatissa to take urgent corrective measures.”
Expecting ethical conduct from lawyers is like asking GMOA members not to do private practice.
Scoundrels such as Hemantha Warnakulasuriya and Sarath Silva , to name just two, have been leading lights of this BASL outfit. What can we expect from provincial lawyers ? In any case this is symptomatic of current SL culture, where any thug in a yellow cloth is worthy of worship by the jackass in national who claims to be President.
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paddy / June 2, 2019
HRCSL what are you thinking. Don’t the sinhala lawyers have a right to refuse or accept a client? Will you be able to find one muslim lawyer to represent Gnanasara when his case comes up for hearing?
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Muhandiram / June 3, 2019
paddy, are you serious? Imagine Gnanasara looking for a Muslim lawyer to appear for him even Free?
Any way, how can a Muslim lawyer appear for him, after All the mayhem he caused in Aluthgama, Digana and his endless threats to the Muslims in Sri Lanka?
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Haasinee Andree / June 7, 2019
Ganasara is a criminal
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Hussain / June 3, 2019
Yes. Its the time for the Muslim Lawyers to do their part of contribution to their community. We need the support of Tamil Lawyers at this crucial time. Yesterday it happened to tamils. Today its happening to Muslims. Tomorrow??? Thefore its time for the minority to hold hands with one another regardless of what happened in the past. Lets focus for a better sri lanka together.
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paddy / June 3, 2019
Yesterday when it happened to Tamils, not a single muslim lawyer represented them. Only the Tamil lawyers are still fighting for them. But they didn’t go crying to HRCSL.
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Lankan / June 3, 2019
Muslims only for Muslims? What now? The Muslims should only be protected by Muslim Police and Army officers ? treated by only Muslim Doctors and Nursers? taught by only Muslim Teachers. And then blame the Muslims for not being part of the wider society. Its a slippery slope punishing every Muslim for a crime committed by a hand full. The same hypocrites keep harping on saying only a fraction of the Muslims are responsible for the Easter attacks yet hold everyone for ransom when it suits. You can say Sadu, Sadu, Sadu as much as you want. Just like the Taleban these racists who are blind, drunk and high in a not existing false belief that they are saviors of the Sinhala Buddhist nation. They are practicing exactly the opposite of what Buddha teaches. Not a single Sinhala Buddist leader, be it the Politicians or the Monks appear to be upholding the Pan Sil. Their rasist stupidity is being used by powers that be just like they did with Taleban, ISIS. Our beloved Sri Lanka is eating its self and no one is helping.
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SJ / June 2, 2019
Such refusal is unethical and unprofessional, and the lawyers concerned should be taken to task by the professional body.
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But, being realistic, what good will it do a party to litigation to be represented by a person who is hostile to him/her, based on prejudice?
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The sad situation points to the collapse of ethical norms of the legal community.
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Steve / June 2, 2019
SJ
The legal system in Sri Lanka is corrupt from top to bottom and stinks. Did they ever have ethical norms.
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Cholan / June 2, 2019
It is harem if a always truth speaking Musulims represented by
Kafir lawyers.
There are many half baked Musulim lawyers who are specialized in faking land dress why can’t they appear?
Allow halal lawyers from sharia courts wearing Kafir dress or bring lawyers from Mecca .problem solved.
Cheers
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Lal / June 4, 2019
Where did you get your training from…Tel Aviv? You stink at your job of spewing racist comments. Obviously they did not do a good job at spelling either and grammar either.
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SJ / June 2, 2019
Steve,
Thanks.
But I think that they did within a legal framework that was not always fair.
I cannot compare the conduct of people when I was still a student with what I see 50 years on.
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Angela / June 2, 2019
Ironic isn’t it? When justice and law cannot be upheld . Everybody works to their own agenda from the top downwards. This is so deep rooted in every segment of our society that it would take a 100 years to change.
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whywhy / June 2, 2019
Angela ,
It would take a 100 years to change if steps taken now ! But steps
are another 25 or 50 years and perhaps 100 years away it seems !
It is in the culture that present generation of politics wants to take
forward as long as comfortable for them and more and more are
turning out hooligans as if it is a street degree instead of University !
The irony is 75 yrs olds are giving the leadership to this generation !
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Mallaiyuran / June 2, 2019
“It was also observed that members of the Nikaweratiya Bar had protested when Police had requested court not to grant bail to those arrested on suspicion of participating in the communal violence perpetrated on May 13th in some parts of the country,”
What does she mean? Sinhala Lawyers should not try to protect Sinhala clients? Is that too racial prejudice?
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JD / June 2, 2019
Then what is the freedom that Lawyer has. IF he doe snot want to take that case, but he can not because, NGOs want muslims and also want to bash muslims.
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Ayathuray Rajasingam / June 2, 2019
It is not correct to brand them as racist lawyers.
If one sees what Hisbullah had done prior to the bombing at St.Anthony’s church, the answer will be known. The Video is given below.
https://www.facebook.com/oammanews/videos/697322124035204/?t=149
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Cholan / June 2, 2019
It seems this Koverner..and other Musulim ministers wearing Kafir dress are above the law.
71% Tamils in Batticaloa are being ruled by 21% Musulims…thanks to grama Sevaka who appointed this racist Koverner purposely looks other side when Tamils complained about his upper hand activities in appointments and land grab he is treating eastern province as his Saudi grand father ‘s property.
Now snake has bite Pres & PM .Monks are on war foot ..
How long these Musulim ministers in kafir dress will stay ?
What is important Security? MUSULIM votes?
Over to Lord Buddha.
Cheers
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Babu / June 2, 2019
please check the date of the video ? and don’t misguide the readers.
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Jay / June 2, 2019
Every Lawyer should have freedom to select and agree. No one can force them.
For example in the case of MR , knowing very well that he had robbed the state so many lawyers support his clients. Is this ethical, here only powe and money works
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Rainbow / June 2, 2019
What happened to Mr Sumanthiran and his Tamil lawyer friends? Are they now working on a new constitutional draft?
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Rohan / June 3, 2019
What happened to Hisballah , Roshard and all other fake Arab Muslim Shaitans? Why should Sumanthiran and other Tamils protected and appear for these fake Arab low caste converted Dravidian Wahhabis from South India , who were conniving with Sinhalese Buddhist fascists to kill Tamils and steal Tamil lands? They even largely targeted Tamil Chrisitians.
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Rainbow / June 3, 2019
First of all, most of them speak Tamil. Open to provide unbiased legal services in their native language is all Tamil speaking lawyers’ responsibly too.
We’ve seen this play book. According to SL’s past history, more than 90% of accused would be young people happened to be at the wrong place at the wrong time.
Not to provide unlimited legal access to prove their innocence because of their ethnic or religious beliefs is against the law.
According to UN regulations, even in war situations, medical professional are required to provide necessary life support to the injured or captured enemies. Isn’t that the same logic Tamils in SL are still referring for the victims of 2009 civil war?
By the way, why are you still throwing the caste topic in 21st century? Is that still making you feel better of your existence? Were your parents made babies different than the people you are still mad at?
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Thappu / June 2, 2019
It is the responsibility of the Attorney General to find lawyers for those who are unable to provide a lawyer for themselves. Such Lawyers are paid by the State. Is my understanding wrong?
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Sampath / June 2, 2019
We know many of these lawyers have very small mind. They know nothing but court procedures in order to delay the cases as much as possible and and theirby exploit maximum from the litigants.
Most of them didn’t belongs to any conventional religion but the new religion of money and only money they embraced..
With this much small mind, many of them stand for bailing out drug dealers and this mode of routine income generation for their daily life.
In this context these lawyers, who are willing to go even to hell to get money, if they are not showing as racist, while they aware that their clients will go to another racists and they will lose the small money they get to feed puppy at home.. Therefore to show the clients from Sinhalese communities they are bound collectively show that they are altogether racists and there is no less racist in the sorrounding. this is evidence in Mawanalla, Kandy and many other areas as indicated in the article.
These Lawyers behaving in a racist manner is for them about business techniques in SriLanka and that being witnessed in last one month very clearly.
This is SriLanka and these lawyers from SriLanka are original SriLankans whose qualities are of layman of the nation and nothing differentiate them. They are part of the crisis in SriLanka and not at all part of justice and peace.
Opportunitism is not justice. But it is the part of judiciary and BARSL can not be the Bar Association of Switzerland.
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Nic / June 2, 2019
All this that Sri Lanka is facing and experiencing today is the result of that selfish, short sighted, egotistical attitude of that pariah S W R D Bandaranayake – who just wanted power at any cost – self over country. No wonder his name is no more in the generations to come. May you rot in hell, asshole.
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Mokade badu / June 2, 2019
We are overloaded with unethical, corrupt, tax evading, political stooges who are a disgrace to the legal profession.
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Mala / June 2, 2019
You have to wonder how so many racists exist in Sri Lanka. They seem to crawl out of the sewer at times like this. From the marauding mobs, to the courts, it seems they are everywhere, making things difficult in the country.
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Tara / June 4, 2019
They are doing exactly what the terrorists expected them to do, in response to their disgusting crimes. The racist are playing into the hands of the terrorists, and causing the problems that the country is now facing, and the economy taking a big hit.
It seems there are more and more raising coming out the sewers.
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Nathan / June 2, 2019
In a land of the blind anything goes. This is not a country but a land only. The things that happen can only happen in the most primitive societies. So why worry. We go on rumours, gossip, hearsay, and so why worry. Why justice? Why courts? In a n extensive hysterical and non thinking society no logic is going to work. So just carry on. We are only good at destruction and attacking the innocent. The criminals go scot free. Have they every found a fault with any of the many criminals? Criminals are released on Holy Poson day to thank Lord Buddha. Disgusting. The Kurunegala doctors issue is nothing but mass hysteria created by some racists and opportunists and they are covering their own arses while using the Muslim doctor as a scapegoat. If such crimes have been committed then why the so called in-charge consultant come out to the open and declare what he was doing all these time? Oh because he is a majority Bumi Putra all the balu dostharas and their cohorts have to defend him. If this incident was true they should have arrested that so called specialist first before this doctor. The morons are passing judgements without knowing the facts or not allowing the due process to take place. A land of mystery.
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Good Sense / June 2, 2019
This is a sad episode of yet another ethno/religious segregation. Basically all communities have lived in Sri Lanka quite peacefully. It is a fact that the current leaders of the country were blind, in fact did not want to see, the radicalization of a section of the society in the name of Islam. Now, the ostracizing of the entire community professing Islam is an expected irrational action of others. In fact, in this regard the pronunciations of His Eminence the Cardinal must be saluted. The need of the hour is a quick implementation of de-radicalization of those concerned, both curative and preventive and the program must be credible in the eyes of the public. If not, the division of the society is inevitable.
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Sammy / June 2, 2019
All this erosion of social values and norms are a result of spineless, selfish and narrow thinking leadership. There is a serious crisis in confidence of those in power to deliver. This bodes ill for the Nation.
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Steve / June 2, 2019
Sri Lankan society is getting polarized day by day with dire future consequences.
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Estate Labourer / June 2, 2019
Ironically enough, there are enough and more lawyers to defend war criminals and persons linked to the abduction for ransom and subsequent murder of young men who were still schooling. Also, there is no shortage of lawyers to defend those persons who abducted, tortured, disappeared or murdered reporters and investigative journalists!
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Dharshana W / June 2, 2019
The Counsel-client relationship is a two-way process, wherein either party has the right to accept or reject the other parties preposition until an MoU/ agreement is signed.
It is not MUST that a lawyer should accept any client just because they approach him/her. The client also reserves the right to reject any lawyer based on the conditions/ commercials suggested by the lawyer during the initial negotiations.
The HRCSL should no better than to release such “invalid”statements and also release them to the public domain.
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kebab / June 2, 2019
Not only our lawyers speak bad English and have no professional standards , they have never heard of the presumption of innocence and the right to representation.Everything looked at from tribal or political eyes and there is nothing they will not do for money
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Manel Fonseka / June 2, 2019
Speaking of ‘bad English’, Kebab, I was appalled to see that a really-badly written article in an English newspaper today, was by a ‘Former Lecturer of (sic, instead of ‘in’) Political Science, University of Peradeniya. I sincerely hope that his lectures were in Sinhala + his laudable sentiments (except that I part company with him about Modi) were conveyed to his students.
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Daneelo Nugara / June 2, 2019
I doubt that there are racist sinhalese anything be it lawyers teachers doctors shopkeepers or as a matter of fact customers,, but on the other hand the Muslims are racist in many ways, they go in search of Muslim shops doctors teachers hospitals and schools SO I THINK THAT THE SINHALESE LAWYERS ARE QUITE FAIR IN REFUSING TO APPEAR FOR MUSLIM EXTREMISTS. ASK THEM TO RETAIN MUSLIM LAWYERS TOO.
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Amila / June 2, 2019
This country is already heading to disaster. Many think only youth is racist but media like hiru, derana, diwayeena etc.. have already made educated people too recesist.Sad thing is even neutral media seems to heading that way too possibly with or without knowledge.
Sirisena n ranil are fully responsible for this havoc. They were just waiting allowing all these media to do anything as they wish while local media is nicely brainwashing people with recist ideas
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Suzy Wong / June 2, 2019
Every person has a right to exercise their wishes and thinking. People like Dr Udagama and HRCSL living on foreign handouts and dancing to the tune of their donors cannot force people of Sri Lanka to succumb to their stupid doctrines. It is time Dr Udagama realised she is another black woman in the eyes of the European HR groups although she may think she is one of them and superior to these ignorant Sri Lankan Sinhalese. We do not want your poison of working for the human rights of murderers, killers, terrorists because you are funded by them while the affected the victims of the murderers, terrorist bombings has no one to look after them.
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Taraki / June 2, 2019
Ah Suzy, in your world those rights may exist but not in SL. https://en.wikipedia.org/wiki/The_World_of_Suzie_Wong_(film)
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K.Pillai / June 2, 2019
Yet another, boring but serious, case of ‘History Repeating’.
Remember the ‘born-again-Patriot’ GR’s triumphal return, with dual citizenship to boot?
GR sued a newspaper which retained a team of lawyers. GR, on the Defence Ministry website, labelled the team of lawyers ‘Traitors in black legal gowns”. The International Bar Association’s Human Right Institute (IBAHRI) pointed this intimidation to the then GoSL and Bar Association of Sri Lanka (BASL).
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This time the Human Rights Commission of Sri Lanka (HRCSL) is urging BASL “To Take Urgent Measures” because “Racist Lawyers Refuse To Appear On Behalf Of Muslim Arrestees”.
Most Lankan Lawyers know that Lankans are almost exclusively from the same race.
HRCSL please note: The Lawyers are scared of the contract killer silhouette lurking.
This is a well known secret.
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Jehan / June 3, 2019
Sri Lanka lawyers are known as crows not for nothing. If they can gain by scavenging they will be the first to jump in.
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charles / June 4, 2019
Even as a lawyer why do you want to appear behalf of terrorists. This not new only to SL. Have a look at counties around.
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Sheriff / June 4, 2019
Why not Faiser Musthafa or Ali Sabry come forward. Free? HRCS should also come forward for moslem traders because Sinhala Parayas are not shopping in Moslem owned shops and restaurants. Even Raheemas near Thurston College is suffering. Why don’t you represent all of them ? Talk for real suffering of people like police injustice, judiciary postponing cases of national priority and taking divorce cases. Talk of judges cowardly withdrawing from BMW fraudulent case or MP’s selling their car permits case. You now have no appeal in these countries for your biased and one sided action. Absolutely no taste at all. Without wasting further time ask Donald Trump to act humanly towards Moslem migrants. Operate from Washington and stop living on NGO Western charity money
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Tara / June 4, 2019
This is unfortunately a racist country. You expect this from uneducated louts, but this kind of behavior is unacceptable, and unprofessional, from educated people.
Whatever happened to innocent until proven guilty, and given the right of being heard when accused of something? Whatever happened to equality and justice for all?
It is disappointing that we have come to a point when you cannot rely on the professionals to do the right thing, and to faithfully uphold the oath they take when they qualify. The oath did not tell them that Muslims should not be represented.
This kind of behavior will further this great divide among the people in this country.
The terrorists have won this one. They wanted the country divided , in chaos, and relied on the response from racists in the country, when the cowards blew themselves up.
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asela / June 5, 2019
Shanker you are spot on. Everyone fears his own life. No one will provide protection if unruly mobs attack them
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dwayne / June 10, 2019
Very true. these lawyers do not do justice to their own career .. [https://www.facebook.com/anuradha.gamaarachchi] shenali waduge, and chandimal hettiarachchi, such are even bank elite supposedly lawyers , see how they spread racism against minorities. these so called bankers spread hate rather than help the country. masquerading as freedom fighters for the world. part of their family are bankers in these so called minority banks.
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