13 November, 2019

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Sirisena Wants To Seat His Legal Secretary In Court Of Appeal

President Maithripala Sirisena has forwarded the name of his Additional Secretary-legal affairs, to the Constitutional Council for its consideration for the position of the judge of the Court of Appeal, Colombo Telegraph reliably learns.

Luckshmi Jayawickrema

As sighted by the Colombo Telegraph the letter issued by the presidential secretariat dated August 2, 2019, under the signature of the president’s secretary, Udaya Senavirathne, suggests Attorney at Law Luckshmi Menaka Minu Jayawickrema to the position available resulting from Justice M. M. A. Gafoor’s retirement, that came to effect on 23 April, 2019.

Jayawickrema who has about 30 years of experience as a lawyer was a former Director General of the Bribery Commission during the previous regime. She however, according to sources in the legal fraternity has none or limited court practice and has no former judicial experience.

After 2015 government change she took office at the Presidential Secretariat and continues to work in the capacity of additional secretary – legal, as a secondment.

According to highly placed sources two other names had been suggested by the Chief Justice Jayantha Jayasuriya and Attorney General Dappula de Livera, to the president to be forwarded to the Constitutional Council for their consideration of the above post.

It is reliably learnt that the Chief Justice has suggested the name of the Kegalle High Court judge Ruwan Fernando, while the Attorney General has forwarded the name of Senior Deputy Solicitor General Sobitha Rajakaruna’s name to be considered.

However, in the letter addressed to the Chairman of the Constitutional Council, Speaker Karu Jayasuriya only sights one name and it states, “As per articles 107(1) and 41(c) (1) we forward the proposal of the President, Ms. Lakshmi Menaka Minu Jayawickrema- Attorney at law, to be considered for the vacated position”.

The Constitutional Council is scheduled to meet this Friday (August 9)

Back in 2013 Jayawickrema, in the capacity of Director General of the Bribery Commission filed a case against former Chief Justice Shirani Bandaranayake on the basis that she had intentionally refrained from including details of a bank account held by her at the National Development bank, in the statement of her assets and liabilities and two other charges. After 3 years of litigation in the magistrate’s court, the Commission later withdrew the case.

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  • 8
    5

    CT, you say, “Jayawickrema who has about 30 years of experience as a lawyer was a former Director General of the Bribery Commission during the previous regime. She however, according to sources in the legal fraternity has none or limited court practice and has no former judicial experience.”
    /
    There is a precedent in the appointment of Shirani Bandaranayake as CJ. Her background was identical, and she was appointed courtesy of G. L. Peiris, her mentor At Law College.
    /
    Hopefully, Jayawickrema’s husband has not been jailed for corruption at least!

    • 19
      0

      What do you expect?

      Sirisena has been in Lankan politics for over 50 odd years ……. practically all his life.

      How can he be different to the other pols? ……… He is true to form!

      The fact that 6.5 million voted for him shows there are 6.5 million Lankan adults who believe in fairy-tales …….. and there are 5.5 million other Lankan adults who believe in different fairy-tales.

      Just saw the video of Ranil appearing before the parliamentary commission ……… his callous indifference and quintessential Lankan-incompetence is mind-blowing ………. trying to pretend his duty as the PM is only to adhere to some administrative-propriety while people getting blown to bits ……….

    • 18
      0

      Dear Terrence Rodrigo,
      .
      We’ve got to be more careful about appointing judges, of all people.
      .
      “Identical?” did you mean that?
      .
      Shirani Bandaranayake was actually a Professor of Law. Luckshmi Jayawickrema can hardly claim to be that.
      .
      And G.L. Peiris wasn’t her mentor at “Law College”; it was at the Law Faculty of Colombo University. We may now have little respect for G.L. Peiris, but he was one of the most brilliant academics whom we ever produced. His promoting an appointment as a judge is so very different from simple Maithripala Sirisena taking it on himself to make the appointment.
      .
      We really need upright Professionals making decisions – not politicians.
      .
      I hope that you will note what I have NOT said in this context.

      • 1
        2

        You are splitting hairs here, in true lawyer fashion, I take it!
        /
        Brilliant academic, professor or not, the key point here is that both women have no judicial experience relating to court practice in different jurisdictions. This will be essential for the fair delivery of justice in appeals of lower court decisions.
        /
        So, whether you like mangosteens or pears, both cases are similar, indeed identical!

  • 9
    0

    All right will the CC go against the Prez just as much as it did against Deepali Wijesundara for the position of the President of the Court of Appeal? If the CC agrees then the President is considered right in his nomination. Who then is not performing his or her own duties?

  • 9
    0

    why is karu forwarding only one name when he has been given 3.Is he the only member of the constitutional council.All the more reason not to have him as presidential candidate as he seems to be already after sirisena’s SLFP votes.Sirisena the kingmaker.His kingdom for a horse(or mare).

    • 2
      0

      ” why is karu forwarding only one name when he has been given 3 ”

      Probably they all are working on new Coup. Old Brother Prince’s “Uncontested” all party Candidacy is confirmed. But Vaalaiththodam Jr and Mangala are spoiling the soup. A new coup can resolve it.

    • 5
      0

      You fool! Karu has nor forwarded any names. It is the President who sends names to the Constitutional Council. Sira has received nominations from the CJ and AG. He ignored them and sent his legal secretary’s name. Remember how Mohan Peris who was legal advisor to the Cabinet was made CJ and what happened thereafter?

      • 2
        0

        aluthkade
        if so why did he not mention that two others are also in contention.Why only send her name.karu should have mentioned to the constitutional council that the CJ and AG have also nominated the following to the president and he has only sent this candidate.when you only send one person what does it mean you simpleton.karu obviously licking sirisena’s arse thinking karu is going to be the presidential candidate.he should have at least written to siri asking for the other 2 names so that he can put all three to the constitutional council.The selection is being rigged.

  • 2
    6

    It is public news that Karu Jayasuriya is a GUIDO like President or presidential candidate. It is public news that Karu Jayasuriya has a adviser who is paid by the US federal govt. How come CT gets govt letters addressed to Karu Jayasuriya.

    • 5
      0

      JD,
      If the US Gvt has enough money to support two of the Ra..kse families (BaRa & GoRa), it certainly should be able pay for an adviser to Karu. Speaking of leaking letters, it could have leaked by someone working in the presidential secretariat itself. Clerical staff in officers of big guys usually knows more things than the boss !

      • 0
        2

        D.P. those days, they funded those with PL480, PL 481 and PL 483 etc., Sri lankan public gave up on rice and ate wheat flour and that money was used to fund the projects. Now, every thing is very expensive, expanded, do you think wheat flour which Ranil is used to advertise can provide enough funds. that is where MADUSH comes, Narco-Terrorism.
        I heard Argentina which at least two times bankrupt has given up on development and education. Sri lankan currency, I heard, are every where int he world.

    • 1
      0

      You also fool! Karu has nor forwarded any names. It is the President who sends names to the Constitutional Council. Sira has received nominations from the CJ and AG. He ignored them and sent his legal secretary’s name. Remember how Mohan Peris who was legal advisor to the Cabinet was made CJ and what happened thereafter?

      • 0
        0

        There must be a procedure to legally challenged appointments made by the Commissioners on the grounds of lack of transparency and bias or less favorable treatment to some nominees and more favorable treatment to some nominees, and what is the criteria applied to assess the most suitable and After all, this politicized nominating and naming favorite candidates of Politicians, and abusing appointment system, within the countries Justice system, further undermines the founding characteristics of the Rule of Law.

  • 9
    0

    Nothing new in SL. Cronies are rewarded, it’s prudent thinking. When it come to judiciary, it’s good to have faithful loyalists in high places, just in case corruption charges are brought when no longer in power. Ever wondered why none of the allegations against corrupt politicians & their lackeys have never resulted in a conviction?

  • 1
    2

    Because Zaharan blew up MCC has given a Repayable $ 480 million grant which was supposed to be given during the Rajapakse regime which comes after 2020. Now Mangala has the $ 480 million, he is asking everybody ” IF you want some money, not a lot, tell me”. I am pretty sure, Maithripala sirisena also will get some. PSC is showing off who the future ministers are in the KARU JAYASURIYA govt. Anyway, what I see what is called “Gods curse” and NGO-dollar kaakkaas are going nuts. what happened to their numerous National candidate project – meeting.
    Anyway, UNP is in big trouble. How many Presidential candidates.
    Earlier, Judiciary and Ministry of Law and order, Police etc., were completely run by USAID. I think they want to handle Srilankan Intelligence too. In that sense, these appointments are needed at least to take those institutions under the politicians. Voters always will cry loud. that is all.

  • 2
    0

    New King, who started the brawl in government with Ranil to get 2nd term, is now out the race, though not officially. He was given an option by Ranil as an un-elected but constitutionally appointed ceremonial president, with all needed impunities. Had that Modaya accepted that deal now he would have kept all the perks plus his trade deals and commission. But Ranil wanted that EP seat for him. Then he changed his mind and backed off from changing the constitution in order to preserve and reserve the presidential powers, for him. Now he too is almost out of the race. If these two dogs haven’t fought for the same bone, and have changed constitution by removing EP & devolving power, Tamils would have been the main benefactors. For the first time for 70 years, Sinhala Chauvinist might have moved towards a solution for Tamils. Their main purpose this trifling fight was about preventing Tamils getting their rights.

    Now Ranil wants to have Old Brother Prince selected as EP to avoid a UN peacekeepers come into the land. There seems to an agreement among the trios on this.

    • 0
      0

      What a sad state of affairs including the nomination of higher judicial officers. Feel good that I left this country long time ago.

  • 4
    0

    It could be worse. What if he wanted that top lowyer Namal?

  • 11
    0

    What a joke she would have been one of those who gave advice to the President to sack Ranil and appoint Mahinda. She as Bribery Commissioner of the previous regime did nothing but to say yes Sir no Sir to Mahinda. Just imagine how she would ruin the Appeals Court with her presence!

  • 7
    0

    There is nothing to show that AGs people are better judges-Sarath Silva , Mohan Peris , Asoka silva were from attorney generals Department.They were scoundrels in judges robes.

  • 6
    0

    Did she give “Legal Opinion” to her “Boss” the President, to “SACK” the sitting PM and appoint MR to fill the “vacancy” on October 26th 2018 and form a “Government” that lasted only 52 days? That “Unconstitutional” and “Illegal” Government was “Dissolved” by a unanimous verdict of seven Judges of the SC. Perhaps, MY3- the President must be thinking or most probably “PUSHED” by MR to appoint this “Lady” to the “Bench”.

  • 2
    0

    Who,s undercarraige is this..

  • 3
    0

    It is a selfish move by the sitting lame duck President MY3 to grab hold of what ever he can while crashing down the precipice by recommending Luxmi Jayawickreme to High Court Bench who has not shown any skill in her present job, if successful will further pollute a judiciary which is already highly polluted.

    • 3
      0

      Not High Court Bebch but one above that and one below the Supreme Court. She is to be appointed to the Court of Appeal as a Judge of the Court of Appeal when there are hard-working Judges, wanting to be promoted on merits when an incompetent. the inexperienced and politically corrupt additional secretary is using her influence behind the back-door to come clean(Unclean) to share a Bench with other judges who have accumulated over the years, not only the art of lawyering but Judging other Judges. Because Judges of the Court of Appeal are always considering the legality of a Judgement of a Magistrate, District Judge or a Judge of the High Court.

  • 2
    0

    if bradmans son a former foreign sec can accept a post as additional sec to the prez what can we expect from other additional secs

  • 5
    0

    instead of trying to seat her the the supreme court siri should seat her on his lap.My my with all that loose national dress and all mmmmmm.Is it because she is too heavy he wants to send to SC.

  • 2
    0

    The day new president is appointed, hope somebody will file negligence case against MS for 21/4 blast.

  • 0
    0

    MS, and/or his goaders, has nominated Attorney at Law Luckshmi Menaka Minu Jayawickrema to a position in the Court of Appeal. She has held high judicial positions and has the experiences. Will she stand up and be counted?
    .
    A former CJSL Shirani Bandaranayake was an academic head-hunted by the GoSL of the time. She came with one verdict which caused discomfort to the then Executive President. She was impeached. The hatchet-man was Wimal Weerawansa. As the then Director-General of Bribery Commission, Luckshmi Menaka Minu Jayawickrema probed the finances of Shirani. Lot of linen got washed.
    Will Luckshmi Menaka Minu Jayawickrema be her own person?

  • 0
    0

    Good looking lady!! Look at the bright side, guys!! At least, Aiyo S has taste!

  • 0
    0

    Kumaran, Aiyo has taste but the guy can’t stand. Even he can’t take the matters into his own hand. Poor guy. Anyway his days are numbered before some other guy would take over and the story continues.

    • 0
      0

      Nathan, how do you know?! Whether he can “stand” or not?

  • 0
    0

    It appears that this guy has no clue of what he is doing may be the lack of knowledge of the law of the Land Naturally one from co o sector

  • 0
    0

    [Nathan, how do you know?! Whether he can “stand” or not?]

    He recently told this at Cambodia.

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