The Commissioner General of Prisons TMJW Tennakoon gave an undertaking to the Court of Appeal today (June 28, 2019) not to execute any prisoner on Death Row until July 5, 2019. Tennakoon, a respondent named in a petition filed by journalist Malinda Seneviratne, gave this assurance following questions from a bench comprising of the President of the Court of Appeal Yasantha Kodagoda and Arjuna Obeyesekera, informing court inter alia that he had not received any notice of execution from the President. The case will come up for support on July 2, 2019.
Malinda Seneviratne
Seneviratne, who has written extensively against capital punishment over the last 25 years, submitted the Writ Application amid speculation that Sri Lanka will see the first judicial execution since 1976 before the end of the month, following President Maithripala Sirisena‘s declaration that he has signed execution papers of four prisoners on Death Row.
The Writ Application cited the Commissioner General of Prisons, the Superintendent of the Welikada Prison, the Executioner and the Attorney General. Attorneys as respondents. Niran Anketell and Hafeel Farisz appeared for the petitioner instructed by Vidanapathirana Associates while Senior Solicitor General Nerin Pulle represented the Attorney General.
Meanwhile, it is reported that two persons including Sudesh Nandimal De Silva, the convener of the Prisoners’ Protection Movement, have filed a fundamental rights petition in the Supreme Court demanding that the implementation of the death penalty be restrained. The Attorney General representing the President, Justice Minister Thalatha Athukorala, Secretary to the Ministry of Justice, Superintendents of Welikada Mahara and Kandy Prisons, Chairperson of the Human Rights Commission of Sri Lanka Dr. Deepika Udagama have been named as respondents in the petition.
The full text of the original affidavit submitted by Seneviratne is given below:
IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
In the matter of an Application in terms of Article 140 of the Constitution for mandates in the nature of writs of Certiorari and Prohibition
Malinda Seneviratne
601/2 Havelock Road,
Colombo 06.
Petitioner
-Vs-
CA (Writ)
Application /2019
- The Commissioner General of Prisons
Prison Headquarters,
No.150, Baseline Road,Colombo 09
- The Superintendent,
Welikada Prison,
Dr Danister de Silva Mawatha,
Colombo 10.
- Executioner,
Welikada Prison,
Dr Danister de Silva Mawatha,
Colombo 10.
AFFIDAVIT
I, Malinda Seneviratne of 601/2 Havelock Road, Colombo 06 being a Buddhist do hereby sincerely solemnly and truly declare and affirm as follows:
- I am the Petitioner and the affirmant abovenamed and affirm to the following on the basis of my person knowledge and documents and material available to me.
- I am a senior journalist and the former Editor of the Nation Newspaper.
- I am a citizen of the Republic and a taxpayer to the State.
- I am an opponent of the death penalty and have written and spoken against the death penalty on multiple occasions, and reserve the right to tender proof thereof if the same is necessary.
- I make this application in the public interest.
- I state that it is in the interest of the public that the rule of law be adhered to in all matters including the carrying out of sentences imposed by courts of law.
- The 1st Respondent is the Commissioner General of Prisons. The 2nd Respondent is the Superintendent of the Welikada Prison.
- I verily believe that the post of Executioner who would function at the Welikada Prison has been filled. A copy of an advertisement advertising the vacancy of the post of Executioner published in or around February 2019 is annexed hereto marked “P1” and is pleaded as part and parcel hereof. The Petitioner is not in possession of an original and seeks leave of Court to tender an original and/or duly certified copy if necessary.
- I state that various steps have been taken towards reintroducing the implementation of the death sentence in the recent past including advertising for the recruitment of an Executioner, the procurement and/or preparation of rope and various other steps. Petitioner annexes hereto marked “P2” compendiously copies of several news items and documents available to him, for which the originals are not in his possession. The Petitioner therefore seeks orders of court and/or seeks leave of court to direct those in possession to file the relevant originals or certified copies.
- I state that on or about 26th June 2019 his Excellency the President at a conference with heads of media institutions revealed that:
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- He has signed papers for the execution of the death sentence;
- Four persons will be executed;
- Executions will be conducted soon;
- The date for the executions has been already decided.
A Youtube clip containing the above statements is available at the url https://www.youtube.com/watch?v=OYw_PSFA_2Q on the Ada Derana Channel appearing under the caption: “සිරකරුවන් හතරකට මරණ දඬුවම දෙන්න ජනපති අත්සන් තබයි”
I reserve the right to file a Compact Disk containing the said clip and/or a transcript of the relevant comments if necessary and/or ordered by Your Lordships’ Court.
I file hereto a true copy of a press release issued by the Presidential Media Division marked “P3” and plead the same as part and parcel hereof.
In view of the grave urgency in this matter the Petitioner submitted an RTI application annexed marked “P4” and pleads the same as part and parcel hereof.
- I state that I do not, in this application and in these proceedings, seek to impugn the said actions of the President.
- I verily believe that the death penalty offends the Constitution and is a barbaric practice.
- I state that I verily apprehend that the death sentence will be executed on four prisoners imminently, and within a few days.
- I am unaware of the date set for the execution and apprehend that the sentence may even be carried out over the weekend commencing 28th June 2019.
- I state that the execution of the death sentence of hanging by the neck to death is to be carried out by a person other than the 2nd Respondent.
- I state that I apprehend that the execution of the death sentence would be carried out by the Executioner 3rd Respondent, in the event the said post has been filled.
- I state that an Executioner is not entitled in law to execute a person sentenced to death.
- I state that the 2nd Respondent is not entitled in law to cause any other person to execute a person sentenced to death.
- Further, I state that the execution of persons sentenced to death by one and/or more of the Respondents as set out herein, their servants, agents and those holding under them would be:
-
- Prohibited by law and the Constitution;
- A violation of the rights of citizens and that of the public inclusive of the Petitioner and the Petitioner himself;
- Ultra vires;
- Arbitrary, irrational, capricious, vexatious and unreasonable;
- Action that offends and is in breach of the principles of reasonableness, fairness, proportionality, legitimate expectation, natural justice and motivated by improper objectives.
- I state that grave and irreparable loss and damage would be caused to the public, the Petitioner and persons who are about to be executed and this application rendered nugatory unless Your Lordships’ Court be pleased to grant the interim relief sought.
- Thus and otherwise, the imminent decisions and/or actions of one or more of the Respondents to execute prisoners sentenced to death and/or to execute prisoners sentenced to death through any servant, agent and person holding under the 1st and/or 2nd Respondent as described would be unlawful, void ab initio and of no force or effect in law.
- I have not previously invoked the jurisdiction of Your Lordships’ Court in respect of this matter.
- I have filed this application on this date in view of the extreme urgency of seeking interim relief and respectfully reserves the right to tender documents/records and/or add further parties if deemed necessary with the permission of Your Lordships’ Court.
- WHEREFORE I move that Your Lordships’ Court be pleased to grant the reliefs prayed for in the Petitioner of even date.
Read over and explained to the
Affirmant abovenamed who
Appearing to understand the
Contents herein affirmed and
Signed in my presence on this
27th day of June 2019
BEFORE ME
JUSTICE OF THE PEACE/COMMISSIONER FOR OATHS
JD / June 29, 2019
I think Malinda Senevirathne is getting a big chunk to fight the election. It is interesting to watch how Appeal court decides this. why Only certain sections of the society do not have rights while some others, for example, Drug kingpins enjoy extra rights.
Why people are not worried about the Drug menace but fight for drug cartels human rights. The same thing happened in Dubai with respect to the rights of Madush. There were so many lawyers to free Madush.
What is going on. Some moles should go behind this.
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nimal fernando / June 29, 2019
Add this 4 to the tally of 253 in the Easter bombings ……… as the cost paid in human lives/sacrifices for Sirisena’s illusionary-second-term megalomaniac madness.
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It’s just not only the Mayans who practiced human sacrifice.
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Truth be told …….. not many will raise their voices against this callous mad imbecile because he has made himself into a picture of a great “Sinhalese-Buddhist” paragon of virtue.
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If you have the capacity to imagine, just imagine……….. what treatment he would have got if he was not a “Sinhalese-Buddhist” but a Tamil or a Muslim!
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Just discard all the crap that clogs ye brains ……… and try to imagine.
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Lankans are afflicted with a unique type of madness that unfortunately can’t be treated in Angoda or any other psychiatric institution.
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They are just let loose to roam free to interact with other lunatics.
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It’s a free-range asylum.
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The entire country is the asylum.
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Don Stanley / June 29, 2019
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D. P. / June 29, 2019
JD,
I think that you are on a wrong track. The debate is revolving, as it should be, around the issue of how civilized societies should behave in the face of most difficult adversities. Criminals certainly do pause a threat to the existence of civilized societies but, the question is whether responding back in similar kind is the “decent” approach. I believe that the answer to this question demands a wide ranging soul- searching to understand how community leaders at all levels must behave at times of crises. This must go beyond criminal activities like drug dealings to include all others important socio-political matters such as sharing the life with others who may have different cultural habits as well as different life ambitions.
I think that Che Guerra’s statement that “revolutionaries has the safety among the public, not in jungles” can be applicable here as well; criminal leaders cannot survive without a safety network that also involve powerful people who run crime prevention institutions themselves. What is true for criminals is true for for other deviants such as racists. Under such conditions, replacing one leader by killing only pave the way for someone else to take the position and so on making the vicious cycle to continue. By doing so, we do more harm to the standards our own civilized morals.
I think that the biggest challenge in facing injustice in SL is the unwillingness by people at conspicuous positions to take the responsibility for their mistakes. We never hear people say “I’m sorry, I screwed up”; instead we often see people “passing the ball”. This is the common habit from top to the bottom. This includes religious leaders as well. I’m not naive enough to believe that everything is perfect in countries that have responsible leaders for the simple reason that the selfishness is part of instinct but it helps at least for the public to have some confidence in being able to correct things by exposing errors.
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Babalathappu / June 29, 2019
Hey friends, Sirisena will become the person that most will hate in the next days. He has cut his neck by his own. Just because of the bugger has not the least knowledge to be a leader, nor has he background and education.
:Just pointing the finger at UNP has abused his power, once he is out of office, no doubt,a set of enemies will line up to put the man in his due position – which is the place he missed, UNPrs saved it for him… 6-feet under.
NEITHER Rajakashes nor any other men would support the bugger. He will have to be rotten in a drain to the manner Gadafi and the like leaders were found dead by the time, people s angers became over.
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Douglas / June 29, 2019
This petition is simply “Ugarata Hora Beheth Kanawa”. “WHO” gave this “ORDER” of “Death” and on “WHOM” and “WHY”. Hasn’t the “Petitioner” looked into these aspects, before embarking on this “Project”? In item “12”, he pleads ” I verily believe that the death penalty offend the Constitution and is a barbaric practice”. If that is what you “believe”, what have you got to do? Simple. Get it “ABOLISHED” so that it will not appear in the Legal System that enable the Judges and the Courts to impose on offenders found guilty of respective crimes. So long as that “Punishment” is in the Rule Books and the Judges and Courts are empowered to impose it on the “GUILTY”, what “RIGHT” you have to “STOP” it being “Implemented” by the persons charged with that duty and responsibility. Isn’t that a direct “Interference” with the “Enforcement of the Law”. Don’t you know that the “Criminals” (those found guilty) have exhausted all their “Rights” to “Defend” and the “Punishment” given is “BY THE PEOPLE” exercised through the “Legal System” of the country via an Institution called “Courts” and Authorized (again by the PEOPLE) persons called “Judges”. That is how the “RIGHTS” of those “VICTIMIZED” by the “GUILTY” are “PROTECTED” again BY THE PEOPLE. So long as this “PUNISHMENT” is enshrined in the Legal System, please don’t fight it. The “REMEDY” is some where else.
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JD / June 29, 2019
Only good thing that happened here is Malinda Senvirathne now exposed. Good luck for the national candidate project of MCC.
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JD / June 29, 2019
Mr. President, Maithripala sirisena: this is to demoralize. European Union is just a building and is a MCC-INGO., INGOs are against mean, they are behind Drug cartels. I say, send the names of another four or all and finish it.
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Jayantha deAlwis / June 29, 2019
Due to unstable mental conditions, Sirisena should not be allowed to function as the president of this country any longer. He is such a loose cannon, you never know his next move. With a bunch of yes men as his advisers, we can’t expect him to act rationally. Parliament should impeach him immediately before he drops another bombshell.
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K A Sumanasekera / June 29, 2019
What is wrong with Malinda now.
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Besieged Sira is finally trying to do something to leave behind a good Legacy after his collaborative Yahapalanaya with the UNP Elite , Anglican and Vellala Faction Leader Dr Ranil ended in Easter, with the Demolition of St Ann’s Church in Kochikade..
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I can understand if those Petitions come from Colombo West , Kollonnawa, Duminda’s Turf or Premachandra’s Turf..
Where is Havelock Rd..
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I know Wella Suddhas has been behind bars for half of the Yahapalanaya .
Where is Maradankadawala Madush?…
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Native Vedda / June 29, 2019
KASmaalam K A Sumanasekera
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You fail to see his Merit-making effort after all these years batting for the clan.
What are you doing to make merit for your future life?
You need to deposit something in your merit bank.
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K A Sumanasekera / June 29, 2019
Dear Native,-
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My Bank Balances are all in the Black. in fact they are all in pitch Black.
That includes the Balance in my Merit Bank account…
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How about you mate ?.
Have your Yahapalana Mates who raked in big Dosh like the 34 Million Car Permits given you anything for your untiring heavy lifting for them ,with those Sinhala constant Buddhist Bashings and Hurling Insults at their poor Monks, who are only trying to protect their Religion and their 2500 year Old culture.
And , to prevent Dr Ranil, Mangala Samare and Dentist Rajitha doing a Easter Attack on them without using C4 of course..
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Native Vedda / June 29, 2019
KASmaalam K A Sumanasekera
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What is special about Sinhala/Buddhist or Sihala/Buddhism?
What is humane about Sinhala/Buddhist or Sihala/Buddhism?
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Sinhala/Buddhist and Sihala/Buddhism are two good Burqas for crooks, criminals, drug dealers, robbers, …… war criminals, ….child molesters,…. murderers, tax dodgers, rapists, ….. swindlers, …. … to hide, from long arm of the law.
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Invoking Sinhala/Buddhism brings a lot of benefits to the claimant, immediately it provides impunity, eligible for best jobs, ….. need not to face the music ……..
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Simon De Silva / June 29, 2019
HOW COME THIS MALINDA SENEVIRATNE BEING A DIEHARD SUPPORTER TO RAJAPAKSHE BUT TO WAGE THE TAIL IN A DIFFERENT MANNER TODAY ?
I SIMPLY BELIEVE THIS MAN IS NOW TRYING TO STAND AGAINST SIRISENA BUT SUPPORTING HIDDEN FORCES OF RAJAPAKSHES FOR HIS OWN SELFISH GAINS.
EVEN IF THE PERSON TO HAVE EARNED A PG AT HARWARD THE GUY PUBLICLY STOOD ON THE SIDE OF RAJAPAKSHES NOT JUST THINKING THE HIGH HARMS THEY HAD THEN BEEN DOING:
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Analyst / June 29, 2019
Good point. The Pakshe game Milinda is playing hoping to come to power then all the discarded will be put back in Throne.
How about that? Have you not come across the boasting of Modawansa that they have found a highly Educated Candidate to field as next President??
This is it!!
Please don’t get deceived by the Secret candidates , many more will be coming out of Pakshes Cobwebs!!
Watch out People.
Watch the Flood gates opening in the form of “common candidate” or a “secret candidate ” to bring the family back to throne as we know none of the Brothers or Ofsprings are Eligible to contest at present.
” Karma is a Bitch ” “God is great”.
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JD / June 29, 2019
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Ad / June 29, 2019
The MP’s, associates promoted drug trafficking without control all this long. MS intentionally delayed so many murder investigations. He violated the constitution so many times. Even now holding onto Ministerial position in violation of the Constitution. He has amassed wealth from unjustifiable means. How can he advocate death penalty, when he is not clean himself?
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Shrikharan / June 29, 2019
What about the victims who had frightening death at the hands of the murderer. Why is it the criminals are protected instead of the victims. Is is it that victim is no more and the matter is now past so do not harm the perpetrator of the act?
Malinda Seneviratne, you said “death penalty offends the Constitution and is a barbaric practice”. So punishing any criminal is also a barbaric act, know? “Two wrongs DO make a right” is the basis of judicial justice. Isn’t it so? Both are harming, the perpetrator of crime as well as the courts! Then champion the cause to abolish courts and the punishment. Leave punishment to the GOD. I am sorry I have to disagree.
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R. Manawadu / June 29, 2019
CT is giving too much publicity to a petition filed by a ‘wannabe’ journalist, a child-like writer, searching for a job.
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Malinda Seneviratne is a bankrupt looking for issues to make a splash on, and was promoting his own candidacy for president on Facebook (about 500 likes!) until recently. He seems to have given up that dream lately. Nor has he written about the financial crimes of the Sarana Bank.
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Looking at the issue of drug menace in the country and with nearly 300000 urban and rural kids addicted to drugs, we obviously need to adopt drastic measures. How many kids would the man called Wele Suda under death sentence now, who imported tons and tons of heroin from Pakistan (through legal American couriers and illegal boat loads), have destroyed. Why is his life more important than the lives of those thousands of kids?
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The issue here is Malinda Seneviratne seeking publicity, not of morals or otherwise of death penalty.
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If he is so concerned with the morals of death penalty, why hasn’t he written a word about death penalty in America that is being used to kill Afro-Americans through corrupt judicial processes?
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Hun bug!
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Lankan / June 29, 2019
Well said….Most of them want to achieve their own interests instead of doing what is good for the country. This is typical South Asia. I met Malinda Seneviratne in Sri Lanka, he is full of himself.
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Wizaran / June 29, 2019
if you believe the whole country is so smart, but its only the President Srisena is out of bounds and lacks some intelligence, why not remove the capital punishment from the constitution? How does it make any sense by keeping the capital punishment in the law and not using it? why not remove it? Blame it on others! Blame Srisena! Blame the Tamils!! Blame the Muslims!!!
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Neranjan de Silva / June 29, 2019
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Susil / June 29, 2019
This dump lunatic Sirisena, lost all his bearings. Sure, the way he said that he would set the country on fire if he got cornered, exactly what he does is the same. The faster this useless block leaves the better for all, else he would do colossal damages to the country in-addition to what he has done already.
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Lankan / June 29, 2019
South Asians love to breed as rabbits and entertain criminals. I met Malinda Seneviratne in Sri Lanka, he is full of himself. Every other Asian country can do what is right, but South Asia full of fools. Eventually, the dragon will dismantle the whole South Asia. This is what this fools want.
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K.Pillai / June 29, 2019
Face saved by the Bell!
‘For Whom the Bell Tolls’
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Pon Kulendiren / June 29, 2019
Capital punishment may be too harsh as the drug offender is not a serial killer. The punishment should be turned into Life RI and confiscation of all assets and citizenship. Another option is amputation of both hands that sold the drugs He should be kept in a lonely cell The government did not create his life Let God decide when his life should be taken through sufferings before he dies
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Christopher Seneviratne / June 29, 2019
The problem is that it is the sprats that get the works as in the case of these that are to be hanged. The sharks are protected . They have the money to bribe their way out. There is one law for the politicians and their supporters and another law for the sprats. My opinion is that this is a fraud perpetrated by idiot Sirisena.
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bungler yapa / June 29, 2019
he will not get elected even if he hangs 100 people.
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JD / June 29, 2019
Now, European Union has stopped bickering. Instead, Norway, a good poodle of the MCC, France and Germany both of which uses all the tactics in the books to swindle other nations are also saying do not kill, probably make Al Bagdadi happy. I think they should be neglected. It is interfering and infringing of another’s sovereignty and bullying. There should be limit to everything. Get all the Drug barons including those inside the parliament. Those countries are pathetic as sovereign nations. Malinda Senevirathne, you won’t amount to anything even though you try to become a politician. You people are paid contractors You are trying every trick in the book and every trump card in the lot..
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Tamil from the north / June 30, 2019
To start with, lets hang these scoundrels in this order;
Gotabaya Rajapaksa
Mahinda Rajapaksa
Basil Rajapaksa
Namal Rajapaksa
Karuna Amman
Weerawansa
Sirisena
Pillayan
Then this county will be a better place to live. If others have a few more to add, please add it to this list. Finally, if you can find that army coolie Reatrded Shemale Perehera, hang that bastar& too by his balls.
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P. Costa / June 30, 2019
Names of scum like you should be at the top of the list!
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Tamil from the north / July 1, 2019
P. Costa………………….hee haw! That cloud just looked down at you and said: Hey look that thing on earth is shaped liked an idiot.
Costa boy, the fact that no one understands you doesn’t mean you’re an artist.
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Jey / July 2, 2019
Any distractions I can get up to the next election ! have you any ideas as I am running out of crazy ideas. I tried to overthrow the elected PM and failed, disowned earlier knowledge about the Easter bombing, signed execution order to hang drug traffickers and say the constitutional amendment I signed is wrong and I never understood the meaning. See I am Teflon coated and nothing does not stick.
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