10 December, 2019

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Sirisena’s Coup De Grace To The Judiciary & The Need For Criminal Justice System Reforms

By Ruwan Laknath Jayakody

Ruwan Jayakody

Staying true to that ancient Sinhalese adage “yana yaka koraha bindagena yanawa wagey (loosely translated to ‘the departing devil breaks the crock on his way out’)”, outgoing Executive President Maithripala Sirisena has been busy violating the powers conferred upon him as per Article 34 of the Constitution to grant pardons to offenders. First, it was Bodu Bala Sena General Secretary Galagoda Atte Gnanasara, convicted over contempt of Court, who was released, followed by Former Warakapola Pradeshiya Sabha Chairman and Sri Lanka Freedom Party Member (a conflict of interest as he was the Party Chairman at the time), Makewitage Lakshman Pathiraja Samarasinghe, convicted over bribery, and now it is Don Shramantha Jude Anthony Jayamaha (also a conflict of interest as he is distantly related), convicted for murder in the infamous Royal Park (a reference to the luxury apartment complex which was the scene of the crime) murder case. In the latter case, where the death sentence was imposed on Jayamaha, there is no mention made in Sirisena’s official statement nor the subsequent clarification issued in justification of the pardon granted to free Jayamaha, that the procedure (in keeping with due process) laid down in the proviso to Article 34(1)(d) as per which – the President has to first seek and obtain a report from the trial Judge, which he has to then forward with instructions to the Attorney General (AG) for advise, and thereafter the AG’s advise and the said report has to be sent to the Minister of Justice, and the latter has to thenceforth send his/her recommendation and the report to the President – has been followed. This foul Executive fiat emanating from the kangaroo Court of Sirisena is therefore in blatant disregard of the rule of law, and has made a mockery of good governance, and worse still, also constitutes a coup de grace to the independence of the Judiciary.  

In 2014, the Supreme Court upheld the death sentence imposed on Jayamaha by the Court of Appeal (he was previously sentenced to 12 years of rigorous imprisonment by the Colombo High Court) for the 2005 murder of 19-year-old Yvonne Jonsson in what is infamously known as the Royal Park murder. President Sirisena who has, in all his loony wisdom, tirelessly campaigned to have the official moratorium on the death penalty lifted, has in a volte-face, since pardoned Jayamaha upon requests and recommendations made to him in this regard and has cited model behaviour/conduct while in Prison for, according to Sirisena, a youthful indiscretion a la crime of passion, and also because Jayamaha has pursued higher studies including a doctorate whilst in prison. 

In reality, the Court was informed during the murder trial that the deceased’s skull had been fractured to 64 pieces, the result of the victim’s head being bashed on the floor. 

The deceased victim’s sister, Caroline Jonsson-Bradley, in recent Facebook posts, also noted that the murder was entirely premeditated and that the allegedly rehabilitated convict had never apologized to her family.  

“He waited for her outside our apartment, even though he pretended to me that he was going home. During this time, he arranged with a friend (who would later change his testimony in Court to provide the murderer with an alibi) to be collected at a later time. When my sister arrived home, he chased her from the 23rd floor, pushed her, strangled her and then smashed her skull on the cement floor. She fought for her life, even running from her attacker with broken ankles. She was found on the 19th floor. The murderer did not stop after strangling my sister to her death; he continued his attack by smashing her face numerous times on the floor. I still recall sitting in Court and hearing how her skull was fractured into 64 pieces. My father had to identify his daughter in the morgue with no face. He then tried to remove evidence by washing my sister’s blood off himself in the swimming pool, went into hiding and even purchased a flight ticket in an attempt to flee his crime,” she said.

She observed that while countless Sri Lankans are in custody for lesser crimes, the President had chosen to pardon a prisoner convicted of premeditated murder.

She concluded saying that Sirisena had once again inflicted unbearable pain on her family, and added that, “The reasons given in your public speech in no way justify the pardoning of a murderer. You will now be attached to this case forever and for all of the wrong reasons. It would be impossible for any action to make better what happened to my sister and the subsequent pain for my family, but you have used your Presidential power and ended your term by succeeding in making it even worse”.

For his part, Jayamaha, in a post-pardon/release open letter, asking for a second chance, which contained a specific address to the Jonsson family, claimed that he “never intended to harm anyone” and that “Sadly, I know that nothing I can ever say or do, will make this go away and make things right for you, although I so wish I could. I’m so ashamed for what has happened. This has caused immeasurable pain to all of you. There has only been sadness, loss and grief throughout these 15 years for everyone. I have tried many times to contact you and express my heart, but I was never successful. I can’t replace Yvonne Jonsson, and even if you don’t believe me now, I will keep on trying to make amends”.

Elsewhere, the Presidential candidates recently in the fray for the 16 November 2019 Presidential Poll had from the bully pulpit of political stages, vented their self-righteous spleen at laws delays, the latter being the totem of systemic ills plaguing the justice system, and have claimed sagaciousness and being in possession of both the requisite political will and an assorted bag of poli-tricks, to introduce as legislative and structural amendments, in terms of legal reforms, in order to remedy the garbled tongues and variegated shrouds that make up the applicable domestic legal regime. On the subject of women’s and children’s rights, they have uttered further such profundities as to make one weep for joy despite their deafening silence regarding the sexual assault on a feeble minded female by a supporter of a particular political party. But on the related issue of sexual violence, an ever present concern, there seems to be no rabbit to pull out of the hat. All reforms proposed with varying urgency over the years, such as criminalizing marital rape and female genital cutting/mutilation, amending the Muslim matrimonial/personal law to ensure the basic human and fundamental right to equality, decriminalizing abortion in certain specific instances under a heavily regulated process in order to recognize bodily integrity and physical autonomy, and also guaranteeing the rights of persons with diverse gender identities and sexual orientations, to name a prominent few, have all but been conspicuously scuttled by the elected lawmakers and unelected policymakers, owing in part to their communal fear of non re-election and to their wild eyed view of 21st Century realities. Therefore, in consideration of much needed reforms, especially to the criminal justice system, the following is proposed as a reform to be considered by their, one hopes, good graces.

The Serpent in Eden’s Garden and the Fallen Angels: Constitutionalising a National Sex Offender Registry

Ladies and gentleman of the jury, the majority of sex offenders that hanker for some throbbing, sweet-moaning, physical but not necessarily coital, relation with a girl-child, are innocuous, inadequate, passive, timid strangers who merely ask the community to allow them to pursue their practically harmless, so-called aberrant behaviour, their little hot wet private acts of sexual deviation without the police and society cracking down upon them. We are not sex fiends! We do not rape as good soldiers do. We are unhappy, mild, dog-eyed gentlemen, sufficiently well integrated to control our urge in the presence of adults, but ready to give years and years of life for one chance to touch a nymphet. Emphatically, no killers are we. Poets never kill.” ― Vladimir Nabokov, Lolita

During the furore surrounding the fiasco that was the initial Police investigation into the atrocity which was the September 2015 abduction, rape, grave sexual abuse, and strangulation murder of a four-year-old girl in Kotadeniyawa, the fact that the ultimate convict was a self-confessed stalker cum scopophiliac and underwear fetishist against whom multiple Police jurisdictions had prior to the incident for which he was sentenced, received several complaints of sexual misdemeanors, which amounted to little in the way of subsequent action from a law enforcement standpoint, and the fact that the first judicial medical officer to arrive at the site of the body, observing the crime scene including the violence of the injuries, inferred that the crime was a combination of pedophilia, sadism and possibly necrophilia, whose escalation in criminal confidence and motive showed the perpetrator likely to be or become a serial offender, who in the best interests of all, was a predator to be captured before the next unsuspecting prey cum victim, slipped the mind of all. This was a crime to be solved fast and forgotten faster. 

This beggars the question as to whether a national sex offender registry could have helped prevent the crime from occurring in the first place.

A sex offender registry system, which could be conviction or offence (violent/non-violent) based and/or risk (of recidivism) based, through the collection, analysis, maintenance/management and the dissemination of personal information of variously classified sex offenders who are mandatorily registered (for certain periods), provides for the monitoring and tracking of the activities and travel related movements of sex offenders, and thereby serves dual purposes in the authorities offensive against crime, whereby it is at once an instrument of implementation which allows law enforcement agencies, access to vital information that may not just assist in punitive action but more importantly in taking preventive measures, whilst on the other hand, allows for communities to take proactive steps in ensuring their safety and security based on information disclosed and notified to and shared with the public by law enforcement or obtained by the public via limited/unlimited access to the sex offender registry database. 

Yet, the flipside of such registries is that the laws tend to be excessive in their reach and in some cases, completely out of proportion (as exemplified by the recent case in the United States where a five-year-old elementary schooler who is also a special needs – autistic – child was reported by the school staff to the child services authorities after facing censure for incidents of overstepping boundaries through unwanted public displays of affection such as the hugging and kissing [on the cheek] of classmates – the child has since been moved to a different class and teacher), thus trespassing on human liberties and violating the rights of sex offenders including juveniles ranging from convicts, convicts who have served their time, those whose sentences have been suspended, those on supervised release, parolees, those on probation, those named as accused, suspects who have been enlarged on bail, and also those of their families – rights such as privacy, reputation, due process (substantive/procedural), equality/equal protection, and lawful employment and livelihood, and freedom from cruel, inhuman, degrading treatment or punishment, and arbitrary arrest, and the freedom of association and movement, speech and expression (including publication), and the right to information – through the numerous mandatorily required stringently restrictive conditions and rules imposed on them including on proximity to minors/underage persons, housing, Internet access, and even the ownership of certain materials (like toys), thus giving rise to a host of other social issues including victimization (being relegated to State imposed persona non grata/pariah status as a class of undesirables) resulting from these injustices. None other than the US Supreme Court has been accused by academics of relying on untenable statistics and false facts on recidivism when repeatedly upholding the constitutional validity of such laws. In terms of culpability, the histrionic excesses of the #Me Too movement also factor in. 

However, whilst acknowledging the presence of irreversible forms of deviant sociopathy and psychopathia sexualis, an evil for society to be delivered from according to hypocritical societies which also tend to conveniently forget that these freaky and pervy Frankensteins are to varied degrees the mea maxima culpa progeny of societies that wittingly and unwittingly perform the function of Victor Frankenstein, and in a content where research has suggested that sexual attraction towards minors may be a paraphilia one is born with, it must be noted that certain categories of sex offenders who were productive citizens, themselves in some cases, victims of abuse or childhood trauma, stigma (owing to gender identity and/or sexual orientation), circumstances (intoxication or the development of romantic feelings in inappropriate settings or towards inappropriate categories of persons), among others, can continue to be productive members of society (as for example, virtuous paedophiles), if only they were provided with the appropriate support services in the form of treatment, correction, rehabilitation,  and reintegration into society. 

This is a case of balancing the interests of prevention with the right to protection.

Therefore, this is a call for the relevant authorities to look at the possibility of establishing a national sex offender registry system in Sri Lanka and to formulate a policy guideline for lawmakers to responsibly navigate the complexities entrenched in establishing such a criminal law based legal framework cum regime for a rational, humane, and ultimately effective national sex offender registry.

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Latest comments

  • 27
    0

    A highly thought provoking article which deems the highest praise.

    • 7
      0

      Ruean L. Jayakody,

      Thanks for your article. So, in addition to the other titles, Sirisena has earned, his departing Title , Yaka, Devil.

      To summarize, these are the titles Sirisena has earned over the past several years, as he has learned that violating the Laws and the Constitution do not matter.

      Sirisena’s titles: Traitor, Sevelaya(sleaze), Pachaya (liar), Mala-Perethaya( living off the dead) and Yaka( Devil).

      He must be a Para-Sinhala Para-“Buddhist “ with a 2,500 year-old civilization behind him.
      Seen pictures of him prostrating to trees and saffron clad imbecile monks. He even pardoned one.

      A Land like no other!

      • 2
        0

        Bro Amarasiri,
        i THINK sirisena should be hung by his balls immeidately after him being out of office right?
        If not for him, Rajapakshe ballige puthas would not have gone that far.
        It is very unfair SIRISENA to betray us the 6.2 mio of voters.
        I think he should get what Karma will decide for him next days.
        Ballige putha is the most abusive man in the country today…. he bites the hand which supported to him. See how CBK and others are helpless today.
        Besides, the kind of uneducated buggers would never have become President, if various voters that really respected democracy and justice did not support him. right ?

  • 21
    0

    This pathological SOB who was adamant to bring back death penalty gave leniency to a court sentenced Murderer. Gotha protected Duminda, who shot and killed a political rival in daylight. . MS and MR have resisted in public and shielded war criminals who are part of their mafia. Rajapaksa protected and shielded the killer who raped and murdered the UK tourist. MS pardoned Ganasara so that he can repeat the offence. These are people elected by our IMMORAL voters to uphold “Low and Odor”.

  • 3
    12

    Sira took revenge from the Judiciary for the humiliation Sira was subjected to by the HC Dudes in October..

    Fair enough , I guess.
    Besides Jahamaha Jr was initially sentenced only for only 12 years.
    But the pressure from the Overseas connections forced the Judges to over rule the first Judge and impose the death sentence.
    These are the views of my Elders, mind you..

    But more interesting things are happening in the Election front.-

    Ministers Kiriella and Gunathilleka, the two UNP Heavies in Parliamentary Business, beside Uncle Kau, apparently didn’t report to their respective offices today , because all their Staff apparently stayed home.

    The talk of the town is the Staff didn’t want be seen sneaking out with documents or even shredding them.

    In the meantime the UNP Members in the CMC have told the Social Media that Dr Ranil and his CC have already selected the next UNP Deputy to fill Keselwatta Kid’s place.

    If AlJazeera is right , this is going to be a double whammy for Premadasa Junior. which he will never forget in his career…

    BTW, That spanking new Helicopter which Keselwatta Kids Mom and Sis have been using for Electioneering must be worth a few Bob.
    Don’t know who is picking up the Tab.

    The villagers who were watching from Hill Tops , appeared to be more fascinated by the Helicopter than the Bags of Freebees the Premadasa Ladies have brought to get their votes..

    • 9
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      Having seen what the uncouth departing President has done, is it not best if the Presidential powers are curbed by requiring that he consults the Constitutional Council first before he proceeds to exercise his powers.

      • 5
        0

        Yeah.. but somebody has to tell that to him in village Sinhala.. bcos he don’t understand the constitution written in higher level sinhala

    • 4
      0

      So it’s another patriot action by my3 to overturn a judgement influenced by overseas. Wow .. just wondering any of these SL judges have balls.. and we call these stooges as your honour…. I rather prefer Chinese invade SL & rule it.

  • 9
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    These are our so called upholders of Lankan version “Sinhala Buddhism”. They visit Mahanayakas daily to wrap them selves with blessed threads , take monthly visits to temples in India for more blessings, take selfies with religious heads and some even went to Vatican to get the blessing from holy father, but in real life MS raped our constitution and laws, on a regular basis and repeatedly lied to public of his innocence.

  • 2
    0

    I am preparing an article about Sirisena.
    That would be published after his departure.

  • 2
    0

    Establishing a national sex offender / paedophile register as suggested by Mr Jayakody is indeed necessary & about time. Offenders of sex crimes & related murders in UK have been brought to justice because of such a database which allows the police to share information & act swiftly to apprehend the culprits. However, considering the general lethargy in solving crimes in SL, mainly due to political interference, I am not sure if such a register will ever be established, or worse, that innocent people would be included in the register & even leaked to vigilante groups to ‘deliver’ justice, an easy way to eliminate those who displease the rich & powerful. If I am not mistaken, many sex related crimes are unreported because of the stigma the poor victims have to face in society but there have been instances where foreigners who have been gang raped by political thugs, have come forward & reported the crime, yet the wheels of justice have been slow to deliver justice. I dread to think that how many such atrocities committed on poor helpless people have gone unreported or ignored by the authorities.

    Sirisena wanted to reintroduce the death penalty but, in a show of compassion, was prepared to overturn the death sentence of vicious murder. Presidential hopeful, GR, has stated in public that if he is in power, he will free all the armed forces personnel in jail overnight, presumably, without even a retrial. I am sure there are many civilians as well languishing in jail innocent of any crimes but the selection process of pardoning or ensuring fair justice by the all powerful President seems arbitrary. It doesn’t take a law degree to understand where it will all lead. The sex offender register is a step forward but will it be effective in practice?

  • 3
    1

    KASmaalam K.A. Sumanasekera

    What is your point if there is one?

    • 1
      0

      NV:
      “What is your point if there is one?”

      You know this guy for so long. Do you even need to ask this question?

  • 4
    0

    This may not relevant to this article.
    But, about Sri Lanka’s current President, Maithripala Sirisena.
    He might still hold his office even after this election, for a limited period.
    We still don’t know what will happen after the Presidential election as there is a court case questioning the eligibility of one of the candidates.
    Even if Gotabhaya wins the election, MaKo has the authority to not to let him swear in office, if anyone makes a request for him to do so citing the court case.
    I don’t know for sure, but MaKo might request clearance from the Supreme Court.
    In such a scenario, in order to avoid a total collapse of administration in the country, the Supreme Court may ask Maithri to continue in office as the President until the question of the eligibility of the winner is resolved.
    I don’t know whether this will happen.
    But, in case Gotabhaya is disqualified by the Supreme Court, they will most probably direct MaKo to hold a fresh Presidential Election to be fair for the people who voted Gotabhaya, not knowing his ineligibility.

    • 3
      0

      Champa, can Mahinda Deshapriya act on his own as “MaKo”. In acural fact don’t decisions have to be made by the Elections Commission made up of three members on either a unanimous decision or a split decision?
      .

      • 0
        0

        Sinhala_Man
        Gotabhaya is still an American citizen as he is still not in possession of the CLN, stamped and sealed by the US Department of State.
        The letter of renunciation issued by American Embassies based in other countries is not a valid official document.
        Even American Banks don’t accept that letter issued by American Embassies.
        Banks ONLY accept the CLN (Certificate of Loss of Nationality) stamped by the US Department of State.
        Some American Embassies let the US citizen retains his passport without cancelling until the CLN is received, in case the person needs to travel to USA.
        That means, even if the person who wants to relinquish his citizenship has faced the interview and given the Oaths, he is still considered a US citizen.
        Only after the Embassy is received the CLN from the US Department of State, his US passport is duly cancelled by the Embassy.
        It is pretty clear that Gotabhaya is still considered an American citizen.
        He did not produce this document which is the only valid document, at the time of handing over nominations. Even on the day of the election, he was not in possession of the CLN.
        This fact is even confirmed by Gotabhaya’s Counsel at his infamous media conference.
        Sinhala_Man, this is not a reply to your comment. I just want to know why my other comment containing this information was not published.
        Let’s see for how long do we have this freedom of expression?

  • 5
    0

    President Silly has been a dismal failure. He has embarrassed this country by having 2 Prime Ministers, and most of all, he was responsible for dropping the ball, when he did did not act when informed about the radical extremists that were plotting against this country, which resulted in so many Sri Lankans being killed on Easter day. He also disgraced himself when he pardoned and set free the foul mouthed BBS Buddhist monk, who terrorized the minority, and instigated violence against them. He also stooped to criticizing women who throw bras at concerts, when surely had far more
    important matters to attend to, like curbing radical extremism in the country.

    Silly has done too much of damage, and should now do the right thing and get out of Sri Lankan politics, and not get involved in the political machinations going on.

  • 2
    0

    There are repeating sex offenders whose victims wear same dress as themselves, but dare not complain.
    Will a ‘special register’ for them serve any purpose?

  • 2
    0

    It was quite remarkable that Jayamaha had by Distance Education obtained a Masters degree from the University of London/ London school of Economics.under very trying conditions. He has used his Toilet Bucket as his Table,and against all odds had achieved. This is also a pointer to his personality.

    The Man comes from a broken home. His parents divorced when he was pretty young and grew up as a lonely youth.
    He has highlighted all these circumstances in an open letter including the Johnnson family- seeking forgiveness.
    But he has spent only 14 years in Jail for this foul murder.
    Would the aforesaid justify a Pardon?
    Why did this Imbecile of a President, fall over himself, on the eve of his departure to grant this Pardon?
    He has been waxing eloquent on the Death sentence and now turns around to put his foot into his mouth!
    Anyway scrambled eggs cannot be unscrambled
    The only wayout for Jude Anthony Jayamaha now is to meet the Johnsson Family and seek their pardon!

    • 2
      0

      Plato

      It is remarkable, & even commendable, for a convict in a SL prison to obtain a Masters, which shows a high degree of intelligence & commitment but I am sure you will agree that the fact he committed a murder, & not accidentally either, should not be forgotten. Many of us have done stupid things, even things we are now ashamed off, during our foolish youth but violent behaviour leading to (calculated) murder is a trait a person is born with. We hear so much about domestic violence & the perpetrators of such crime are persons with this trait.

      There have been no psychiatric evaluation, therefore, to assume that a person who has done such a violent crime, even during his ‘misspent’ youth due to various circumstances, & repentant he may be now, is not a reason for pardon for violent crimes. So what is to say Jayamaha will not commit another murder in a fit of anger? Would the wife or girl friend of such a person be safe? A masters gained whilst in jail is not an indication that he is now reformed nor his young age a reason for a second chance. Unfair it may seem, but sometimes violent people should not be let loose in society.

      Jayamaha may have come from a broken home, & he is not alone in such predicaments, but he had the privilege of attending an expensive international school, enough money to go clubbing & even in prison, the finances to pay for distance learning course from a highly acclaimed British university. There are poor people born into poverty & brought up in violent neighbourhoods who are drawn into crime because they had no choice. Shouldn’t these people be given a second chance? Sirisena’s arbitrary decision proves his lack of education & yob mentality with not even a speck of basic common sense. He is a waste of space & should not have been even considered for the high position of President. The blame lies with those who nominated him.

  • 2
    0

    Sumansekara,

    You and your elders are lowly creatures, so can’t care less about your opinions

  • 3
    0

    presidency was gamayata magic for the simpleton
    what can you expect

  • 0
    0

    ” Sira took revenge from the Judiciary for the humiliation Sira was subjected to by the HC Dudes in October..

    Fair enough , I guess. ”

    Sumane, sorry man I couldn’t go with you on this. I don’t think the word “Revenge” can have any place in the legal system’s terminology. Like Commander in Chief in defense issue, EP has the final saying, even above CJ, in pardoning issues. Whoever is the greatest can be the one seated on the highest chair.

    And further, New King pardoning to insult an innocent family for TNA lawyers’ deed in 2018 coup is like Daughter in Law showing her anger over Mother in Law on the grinding stone; make no sense.

    Khurram murder was handled by British crown prince Charles. Until that Old King’s friend eluded the justice. Hiruni did everything to have her father’s murderers to get punished. Until Dr. Batalanda gained PM position, she didn’t have any success.

    Current situation, (including Old Royals’ Period) getting justice from courts seems to be making coir out of rock. There are 800,000 thousand cases pending in the courts. Does New King have any feeling on these matters? Will he start to think, at least, even after send home from his position?

    Let us hope some change in the situation to take place after 16th.

  • 4
    0

    The writer has addressed some important issues and that is commendable.

    As to how the history books will record the Presidency of MS, can only be speculated. Like most issues, there will both be positives and negatives one can recognise in MS’s Presidency.

    We are on the cusp of another Presidential election. By now most voters would have made up their minds on how they plan to vote. Some may have made that decision based on their pre-conceived notions, ideas and allegiances. Some others may have come to their decision based on more objective reasons. For those who are yet to make up their minds, the following process might be helpful:

    Prepare a list of 5 issues that are most critical, important, decisive and paramount to you. Then decide, which candidate is most likely to realise your desires and wishes. if it’s a candidate other than SP or NGR, then do vote for that candidate, but ensure a 2nd / 3rd preferences are also noted with at least one of them to SP or NGR, if you wish to have your vote to contribute in determining the ultimate winner. If the initial vote is either for SP or NGR, a 2nd & 3rd preference will be superfluous (as they are likely to end up the first two in the count).

    contd:/

  • 3
    0

    KASmaalam K.A. Sumanasekera

    Is Wimal Windbag Weerawansa planning to jump ships on 18 Nov?
    He seems to care about Gota’s opponent(s). He revealed that he was aware of plans to attack a media network “supportive of Sajith Premadasa”, and place the responsibility on their camp.
    Further he knew “there was another plan afoot to abduct or attack a person who was critical of Gotabhaya Rajapakse”. /www.newsfirst.lk/2019/11/12/

    What is his cunning plan?
    Are you also part of his plot?

    • 2
      0

      NV:
      A Chinese ship is in port to accommodate the Rajapakse Family etc

      in case the do not win this time!

      Thank God Sira did not set fire to anything so far, as he promised to do so, before he leaves but had to save his relative from Jail, to live in
      peace among his people!

      • 1
        0

        punchinilame

        Thanks, I also saw the Chinese vessel being maneuvered by tug boats into harbour.
        Since there is absence on the part of Hindians one should not be alarmed by the presence of Chinese vessels alone.

  • 3
    0

    Contd:/

    Your choices are:

    1) SP – if you wish for a ‘young’, healthy, progressive, energetic, efficient, seasoned Politician with no ‘baggage’, and runs on the board. If you wish for ‘Social Democracy’, freedom (of speech), rule of law and basic human rights.
    2) NGR – if you wish for an ‘old’, unhealthy alleged criminal who has no experience in active Politics, with a lot of ‘baggage’. If you wish for a fascist, autocratic, authoritarian and dictatorial family rule where freedom (of speech), rule of law and basic human rights are at stake – his past deeds (2010 to 2014) are plain to see.
    3) Any other candidate if you do not wish to give the 1st preference to either SP of NGR.

    Voters, please use your franchise judiciously, wisely, aptly & appropriately. Please help defeat racism, extremism and authoritarianism in all its forms and maintain our much cherished Democratic values! It is critical that the right choice be made to ensure a future prosperous and peaceful Sri Lanka where all citizens are treated equally.

    If you wish to back the winning horse, please place a cross against the ‘swan’ !!

    Please view the ideas of a young Politician in the link provided below:

    https://www.youtube.com/watch?v=gySG1RqhaOs

  • 0
    8

    What I feel MS as President made First mistake was removed Chief Justice of Mohan Peiries sack form that post of Supreme Court
    Second was minority man of UNP that Ranil Wicks of Christen believers having 42 in Parliment an appoint as Primer of Republic of Sri Lanka.
    Third that MS has created unprecedented guide-line for that undermined of Republic Democratic Constitution by President .
    Fourth that MS has misled whole country by changing Constitution into by 19th amendment has disorder of entire Democratic state of Sri lanka.
    Fifth MS has classes of alliance with all political terrorist outfits of TNA+ LTTE , JVP and Muslim Extremist by supporting of that under UNP leadership of feudal clan of Wickrasinghe family .
    Eventually that 2015 Jan 8th “regime change” was by of that MS deal-ship undoubtedly counter-revolution forces of political coup by covered operation back by Foreign power.
    The MS was puppet of that UNP regime Rule —— of five Years !
    By said so which that subsequently MS has a responsibilities and an accountability of Ruin developing nation by intentionally .
    MS is subject responsibilities of that ,No one can escape from punishment of history!@

  • 0
    0

    Upholding the dignity of judiciary Vs Upholding the immense vested power of presidency.

    Failure of the electorate in finding a person rich in ethics.

    Wonder whether the electorate be given tuition or those aspiring for politics selectively be given tuition.

  • 1
    0

    Since 2005 Srilanka produced President’s who are not worthy of holding the title of President. It is the failure of the people, particularly Sinhalese who went for wrong characters in selecting or electing their Presidents. One of the characteristics they showed is that they are always against to the constitution and its principles such as rule of law, justice, equality and humanity. They were not honest to their words, not honest to the people or not honest to the faith (in this Buddhism). They all protected criminals, murderers, corruptors and in some cases they were part of assassination and plots against Srilanka. Their priority was family and making wealth out of the country. The truth of the matter is people cannot find a good leadership and they have to go with who can pretend to be patriots and who can kill more people. In 2015 people thought that have done the right thing but again it was a failure. What is the future?

  • 0
    0

    Surely Ruwan Laknath Jayakody knows that our Justice System is buggered.
    Impossible to bring it back. Why talk of “The Need For Criminal Justice System Reforms”?
    Two term US Presidents ‘pardon’ their convicted friends and relatives. Sirisena’s Coup De Grace is but imitating. We will never toe China or India!

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    Dear Ruwan Jayakody,
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    I regard you as a serious writer who handles social crimes that others do not dare touch; and you usually follow up your in-depth studies of outrages that are fast earning our country a reputation of being regarded as one of the countries that is the least concerned in the world with Justice.
    .
    You’re probably the only person in the island who is likely to follow up on the many issues contained here.

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    My position is that there should be a rational basis for decision making in general and that applies to the grant of presidential pardons in particular. I have said before that in independent Singapore in its 64 years of existence it has granted only 6 pardons to persons sentenced to death, all others kept their appointments with the hangman. On the other hand I am dismayed by the double standards of some, particularly the affluent. Had this pardon done by President JRJ there wouldn’t be a single murmur. The convict can freely wine and dine in high society. Had it been MR a little bit of protest but no big fuss. In fact the pardoning of a wife of a Minister at that time with jail time far less than that of Royal Park murder convict was OK with a little cough. The President Sirisena being Sillysena has made a big stir out of this. I have commented before (and confirmed by the opinion Retired Supreme Court Justice Mrs Marasinghe) that the exception provided 34(1) of the constitution for pardoning of persons sentenced to death is not repeatedly for applicable to persons whose death sentence is already commuted to life imprisonment as there should be such a report available in the first commuting of sentence. It is sad to hear stories that a prominent lawyer who is stirring up this issue in the colour of the bar association implying the necessity repeated application of the 34(1) of the constitution with respect to pardoning of murder convicts was himself had dealings with Royal Park murder convict as a client and had the taste of the millions thrown by the well wishers of the convict. SO THE WHOLE SOCIETY OF SRI LANKA IS UTTERLY CORRUPT WHERE CASH IS KING.

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      As suggested in the article a Register of Sexual Offenders and Pedophiles is an absolute necessity in our country. There are habitual offenders of this kind who are at large waiting to pounce on their innocent and often unsuspecting victims. The perpetrators are mainly well known to the family or may be even close relatives and prominent persons in the society. Large number of sexual offenders may be counted among the religious clergy. Buddhist and Catholic clergy certainly take the lead as prime offenders. This is because of the dominant and influential role given to them by their devotees/ congregations. Even when they are apprehended the law enforcement officers are reluctant to take action according to law. When I attended the Juvenile Magistrate Court in Colombo once I was shocked to notice the number of Buddhist priests hauled up as accused in that court. Worst still when cases were called they were not required to stand in the dock meant for the accused, but instead they were granted the concession of standing in the open space. This is one way of singular honour accorded to the monks in consideration of the foremost place granted to Buddhism in our Constitution.
      In Vavuniya a monk by the name Kalyanatissa Thera in charge of an orphanage was arrested for gross acts of indecency and molestation of the young children in his charge. Neither the police nor the Child Protection Authorities were willing to take action against the errant priest. The then Solicitor General Suhada Gamlath of the Attorney General’s department went out of his way to direct the Magistrate to enlarge the offender on bail. However the victims’ families had the satisfaction of the court permitting the reading out in open court the victims’ statements which contained graphic details of the sexual acts of the priest including acts fondling, felatio, oral sex and indecent acts on the young students.

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