Jayaraj Palihawadana, until recently the UK representative of the political party of the former Sri Lankan President, Gotabaya Rajapaksa, has apologised unreservedly in court to South African human rights lawyer and activist, Yasmin Sooka, for making false statements against her. Sooka initiated a data protection claim in the UK under the Data Protection Act 2018, challenging the publication of inaccurate personal information detrimental to her reputation. Jayaraj Palihawadana published a report which he sent it to 47 diplomatic missions in Geneva in 2021 falsely claiming that Sooka was biased in favour of a proscribed terrorist group.
Jayaraj Palihawadana
In her witness statement to the High Court King’s Bench Division, Sooka said: “Naturally these allegations are completely false and appear to be a calculated attempt to discredit me in my work as a human rights defender in Sri Lanka. The Court will probably be aware that it is well-worn tactic of repressive regimes around the world to denounce human rights defenders as terrorists, or supporters of terrorists, smearing them by association.”
A solicitor himself, Palihawadana failed to delete all the offending remarks or apologise at the outset, and instead attempted to file a counterclaim against Sooka, which the court dismissed. Eventually he agreed not only to pay substantial legal costs and compensation to Sooka but also agreed to retract his comments and publish an apology online in English and Sinhala. Additionally, as the defendant, Palihawadana agreed to make a Statement in Open Court today which said: “The Defendant unconditionally retracts and apologises unreservedly for the aforementioned untrue allegations made against the Claimant in the Reports.To indicate the sincerity of this apology, the Defendant has agreed to pay the Claimant a substantial sum to compensate her for distress and harm to her reputation arising from the Reports. The Defendant has also agreed to bear the Claimant’s reasonable costs.”
Under the terms of the judgement, Palihawadana agreed to publish on his website a full apology.
New Legal Precedent
Sooka’s legal team also established an important precedent by gaining permission for the first time from the UK High Court to make a Statement in Open Court in a Data Protection case.
“This brings to an end a long-running debate among practitioners about whether Statements in Open Court are available for other causes of action than libel, slander, malicious falsehood and misuse of private or confidential information,” said Sooka’s counsel, Guy Vassall-Adams KC.
While the precedent will have implications for future data protection cases, the legal team hope the wider value will be to support human rights activists against repeated onslaughts.
Yasmin Sooka
“We are delighted to have upheld the reputation of our client against these sort of slanders that so many human rights activists around the world have thrown at them, attempting to silence them and prevent them from speaking the truth. It’s important that this court process acts as a deterrent and that’s why the financial penalties help drive home the point,” said Daniel Machover of Hickman and Rose, the solicitors for Sooka.
Yasmin Sooka says she is in discussions about establishing a scholarship fund for the children of political prisoners and families of the disappeared in Sri Lanka with her compensation money when she receives it.
Background
Yasmin Sooka is a well known international human rights lawyer and transitional justice expert who ran the Foundation for Human Rights in South Africa for nineteen years. She served on the South African Truth and Reconciliation Commission for eight years, the Sierra Leone Truth Commission and the UN Independent Review Panel for Central African Republic (CAR) in 2015 looking into Allegations of Sexual Abuse by Foreign Military Forces in the Central African Republic. In 2010, she was appointed by the UN Secretary-General to serve as a member of the three-member Panel of Experts advising the UN Secretary-General on accountability for war crimes committed during the final stages of the war in Sri Lanka (‘the Panel of Experts’). For the last six years she has headed the UN Commission on Human Rights in South Sudan.
The International Truth and Justice Project which she heads has focused on the collection and preservation of evidence pertaining to the final phase of Sri Lanka’s civil war in 2008-9 and post-war torture and sexual violence. It holds one of the most important archives of Sri Lankan testimony covering the last decade (400 case files) meticulously assembled by international human rights investigators, prosecutors and barristers who specialise in sexual violence documentation who have worked in international tribunals and courts. In 2017 the ITJP brought a series of universal jurisdiction cases in Latin America against a Sri Lankan General who was Ambassador there, Jagath Jayasuriya. In 2019 the ITJP assisted eleven torture victims to file a case against Gotabaya Rajapaksa in California under the Torture Victims Protection Act. In 2022, it sent a criminal complaint against Mr Rajapaksa to the Attorney General of Singapore after he fled there briefly, escaping anti-government protests in Sri Lanka calling for his removal as President.
Online apology issued by Palihawadana:
“On 5 January 2021 we published a report entitled “Report of the Post-Conflict Accountability and Reconciliation in Sri Lanka”, (“the Report”). The Report was sent to the delegations of the 47 member states of the UN Human Rights Council in the run up to its 46th session in Geneva and published on this Facebook page and a Canadian website. This Report included an allegation that Yasmin Sooka and the organisation of which she is a director, the International Truth and Justice Project, support the Tamil Tigers terrorist group.
We accept this allegation is completely unfounded and ought never to have been published. We apologise unreservedly to Ms Sooka for the publication of this allegation and the distress that it caused her, and have agreed to pay her a substantial sum in damages and her legal costs.”
Nathan / December 14, 2022
If you wonder who defrayed Jayaraj Palihawadana of his legal costs and compensation charges, I can help you. But, you won’t need that from me, would you!
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Bert / December 14, 2022
“But, you won’t need that from me, would you!”
The same thing would have passed every readers mind.
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old codger / December 14, 2022
Nathan,
No.
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Dr. Gnana Sankaralingam / December 14, 2022
Money was paid by Srilanka High Commission in UK through a mysterious person. This is similar to how money was paid by Srilanka High commission in Australia through a mysterious person in the case of sexual offence committed by Srilankan cricketer. All these years Srilanka government was funding crimes within the country, now they have gone a step further in funding crimes abroad.
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Raj-UK / December 15, 2022
MR authorised the legal fees for the defence of the podophile monk in London during his Presidency. The SL High Commissions looks after the citizens abroad but not usually to desperate workers in the Middle East.
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Sinhala_Man / December 17, 2022
The usual double standards, Raj!
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Mallaiyuran / December 14, 2022
Let me guess: ” The court charged a 1M Rs bill on the case loser. That person changed 2M Rs to the Embassy. Embassy accounting clerks prepared a voucher for 4M Rs and submitted it to Ambassador-High Commissioner. The Ambassador sent it to FAM as 8 Rs. FAM approved 16M Rs & the Finance Department released an amount of 32M Rs, including their share and hush money for all other cabinet members. Then, FAM took a private to M/s Sooka and thanked the activist for the handsome 8M Rs commission that he/she helped to earn by the activist legal action against them. M/s Sooka informed him, it was not necessary because the finance minister had already thanked, she/him for the income of all others. But I am at a loss to understand one thing. I could not bridge here, and level is why the UK Judge slapped 32M Rs on the poor Ceylonese. He/she might have done one of the three things 1). Recover 1 M Rs from Lord Solebury’s property. 2) Order the 6.9 M Modayas to pay Rs 1/6.9 (about 15 Cts per head) 3). Or send the bill directly to UOJ so Vaasanthi and acolytes would do a hat collection from students and staff and mail the amount to the Judge. Does anybody would like to give guess on this?
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chiv / December 14, 2022
Jeyaraj , is yet amother Evil , Soman , Lester, DRS and others, who thought , they can get away with their usual fake news, lies and usual BS. Not anymore. Let the people do their job. Person who denied school shootings ended up bankrupt by paying Billion $ compensation to victims in the U.S. Rupert ( fox news) will soon face coirt for denying election results. Trump is already being investigated for the same.
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chiv / December 14, 2022
Rupert will soon face court for denying election results. Today Sam told parliament , that Lankan govt murdered all who officially surrendered as well supposedly disappeared. It took almost a decade for Lankan govt to acknowledge that fact. So much of dramas in appointing SHAM commissions, truth finding missions, Geneva sessions, for over a decade, to Lankan Govt acknowledge the fact, that there is no one in their custody other than few political prisoners (less than 50).
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Dr. Gnana Sankaralingam / December 14, 2022
I have never heard of this Jayaraj Pallihawadana as a Srilankan solicitor or Barrister in UK. I am in contact with leading Srilankan lawyers in UK through the annual law – medical match and dinner. So do not worry much about him. I know of one Pallihawadana an old Thomian who is a partner of Lloyds PR solicitors, but he is a different person.
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SJ / December 14, 2022
Thanks for the welcome news about the cleaning up of the American stables.
So when will they look into Hunter Biden’s shady deals in the Ukraine?
After Biden steps down I guess!
It is better that way, otherwise, like Clinton, Biden will bomb some poor little country out of existence to distract public attention.
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chiv / December 14, 2022
“Get well soon”.
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Native Vedda / December 14, 2022
chiv
–
“Get well soon”.
–
Please write what is possible.
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SJ / December 14, 2022
Sorry that I failed to ask you: How are you this morning?
“Please write what is possible.”– the man may write a prescription for you. But be careful: a second opinion is always good.
Beware of quacks.
Take care and be good.
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SJ / December 14, 2022
You jumped the gun.
The man who was looking for a doctor in the room does not want any quack though.
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SJ / December 14, 2022
The get well wish to NV: so you too heard his desperate cry for a doctor..
But gently, not so loud.
*
BTW, how are Biden and son? They owe a debt of gratitude to Oleksandr Semenovych Zelenskyy.
How is the US legal system faring?
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Ajith / December 14, 2022
SJ,
Are you OK?
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Champa / December 14, 2022
Jayaraj Palihawadana should have used the word “alleged”. Yasmin Sooka named a number of Sri Lankan Military Officers for committing “alleged war crimes”. Sri Lanka should have filed a court case against her a long time ago. She sure is biased and racist. In the last phase of the war against LTTE terrorists, Sri Lanka’s military eliminated them completely from our soil much to the chagrin of LTTE supporters. In the book of Sooka and the UNHRC, human rights only apply for Tamils and terrorists.
Sooka and the UNHRC both call Sri Lanka’s war against LTTE terrorists a civil war. Why do they mislead the world with the term ‘civil war’? Because, the International Law doesn’t apply to terrorists as they are not party to any international treaties or conventions. If there were any allegations against the military for committing war crimes against civilians, Sooka and the UNHRC should produce victims, witnesses and evidence in a court in Sri Lanka. The UNHRC is STILL looking for evidence to prove alleged war crimes which is proved by their Resolution against Sri Lanka in 2021. Yet, they managed to pass several Resolutions against Sri Lanka for imaginary war crimes.
Contd’……
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Champa / December 14, 2022
British nationals Anton Balasinham who was LTTE’s theoretician and his wife Adela who tied cyanide capsules around the necks of LTTE child soldiers were never regarded as war criminals.
In 2005, the United Nations endorsed the Responsibility to Protect (R2P) doctrine, which states that countries have a responsibility to protect their citizens. After 34 years under the LTTE terror reign, in 2009, Sri Lanka acted according to R2P doctrine to eliminate LTTE terrorists.
After the United Nations failed to act against Ukraine for committing genocide of ethnic Russians in Donbass for 8 years, in 2022, Russia used R2P doctrine to protect them. In addition, former German Chancellor Angela Merkel has justified Russia’s special military operation in Ukraine as inevitable to protect their nation from a proxy war by NATO in Ukraine. She revealed that the 2014 Minsk Agreement was an attempt to give time to Ukraine. For what? The answer is obvious. The period under the Minsk Agreement was used to train Ukrainian soldiers by NATO countries for a future proxy war against Russia. It seems that the Minsk Agreement that was signed in September 2014 was an integral part of the US orchestrated coup in Ukraine in February 2014.
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Champa / December 14, 2022
International Law is totally biased towards Western countries and the empathy in war victims is selective. The US, the UK and NATO have committed war crimes separately and together in Asia, Africa, West Asia and Middle East and got away with it. Isn’t 33,000 children killed in Afghanistan over the past 20 years a war crime? The sanctions imposed by the United Nations, the “Vanguard of Human Rights”, against Iran for no legitimate reason have killed 500,000 Iranian children!! The West has imposed sanctions against Russia which has a population of 144 million. NATO, which provoked Russia into a totally unnecessary conflict where there is no going back, is fully responsible for civilian sufferings in Ukraine. The world can now see Donbass in Ukraine. The US led NATO leaders can meet and compare civilian sufferings in Ukraine with the same in Iran, Iraq, Syria, Afghanistan, Yemen, Yugoslavia, Serbia and so many other countries in the past.
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Champa / December 14, 2022
Finally, wars are all about deaths, destruction, fear and tears. If Ukraine and Finland, Sweden and Poland (NATO’s future guardsmen-trio that will protect NATO countries from a possible attack from Russia) expect anything else, they are mistaken.
President Zelensky and President Biden are thoroughly enjoying (the war) in Ukraine. Every time Russia talks about peace, the US sends advanced weapons and members of special forces to Ukraine after other weapons failed to protect Ukraine. The latest is the US built Patriot Missile defense system whose GPS system can easily be jammed by the Chinese Beidou system built on quantum technology.
Ukraine is used by global superpowers for testing their weapons and weapons of their rival countries at the expense of Ukrainian civilians. Sanctions against Russia are only a hoodwink to cripple the economies of European countries. Both Ukraine and the US Presidents are trying to provoke Russia to use nuclear weapons against Europe as it is obvious that Russia will not use nuclear weapons in Ukraine. If there is WWIII, Russia and, except one or two countries, almost all countries in Asia, Africa, Middle East and South America will be on one side against NATO.
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Dilshan / December 14, 2022
You are right it is not a civil war but a Genocide started in 1956 long before LTTE
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SJ / December 14, 2022
Before 1956….Yes.
The Muslims were the first victims in 1915. Later they were ethnically cleansed in, was it, 2005 by the LTTE.
It was a dirty war. We cannot whitewash one in the process of exposing another.
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Native Vedda / December 14, 2022
Champa
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“Sri Lanka should have filed a court case against her a long time ago.”
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I strongly support your suggestion.
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Native Vedda / December 14, 2022
Champa
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“Sri Lanka should have filed a court case against her a long time ago.”
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I wholeheartedly agree with you.
I strongly support your suggestion.
Please take them to courts, sue them left right and center.
I assure you I will be right behind you.
Sri Lanka has nothing to hide, even the last amude has been sold to China.
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old codger / December 15, 2022
Native ,
“Please take them to courts, sue them left right and center.”
Do you think Champa has the money to pay compensation to Sooka?
I feel you don’t wish Champa well.
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Nathan / December 15, 2022
Dear old codger,
When Palihawadana could access the kitty to pay compensation to Sooka, would Champa have any concern accessing it?
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Native Vedda / December 16, 2022
old codger
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“I feel you don’t wish Champa well.”
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I always wished her well even during the time when she was under the control of Pimp Wimal.
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Ajith / December 14, 2022
The wholesome money paid by the Jeyaraj in this case definitely should have paid by all the citizens of SRi Lanka, in otherwords it is people’s money. It also proves that Sri Lanka state became bankgrupt because of their genocidal war against Tamils, Muslims and Christians. As a Sri Lankan citizen every one should be ashamed of our country which is ruled by thugs, criminals and theives.
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Raj-UK / December 14, 2022
…… and this guy is a lawyer? Maybe he thought the International courts are like in SL. Certainly, he can’t be a practicing lawyer in UK if he was so dumb enough to publish statements of unsubstantiated facts, even if they were meant for a SL audience only. Most likely a crony employed by the SL High Commission as a PR man for the Rajapakses. Wonder how much the legal bill & compensation will add up to.
Can’t understand why the Rajapakses, despite being considered as pariahs internationally, continue to lead a life of luxury in SL without being extradited to face charges. Even in SL, Tiran Alles has publicly declared the Rajapakses were conniving with the LTTE, but Alles, who I believe is the Minister for Police now, & RW, who was directly affected by this treachery, have shoved it all under the carpet. All these yobs have sold their soul for power & wealth, so its up to Karma (as I would like believe) to dish out justice for crimes against the people of SL.
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SJ / December 14, 2022
“Maybe he thought the International courts are like in SL.”
R-UK
Perhaps like the British courts! Do you want some juicy stories from British court rooms? Jeffry Archer’s case for a start.
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Raj-UK / December 15, 2022
SJ
Thank you, but I have more confidence in the British legal system than the SL justice system. At least there are some convictions unlike in SL where even murderers roam free
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Simon / December 14, 2022
This is a lesson to learn by ALL (Law Enforcement, Beaurocrats) who opt to “WHITEWASH” Political Bosses, that when the time comes to defend and account for, there won’t be any of those “BOSSES” to stand by you.
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Mallaiyuran / December 15, 2022
Simply, in this case, Appeh Aanduwas has proved that they cannot issue a valid legal statement. Appeh Aanduwa, in that peril condition, has been using Hakeem, Deva, Karuna Pillaiyan, Nazeer, Hezbollah – Batti, Richard etc. to prove that Tamils and Muslims are very happy under their tyrannical governments. In 2011, The Evil went to New York on taxpayers’ bill, met the UNSG and demanded to withdraw the Expert Panel Report. The Evil Emperor who led the campaign of renaming the UNSG’s Expert Panel report as the Darusman report and received a harsh comment at that time from UNSG:” Pls do not expect the report to disappear in thin air in UN ”. The game of disrespecting the UNSG’s report and belittling M/S Sooka contribution was started by the Evil Emperor. What UN SG said on that day was repeated by the Lord Judges of Great Britain, yesterday. Yesterday, as soon as the apology of Palihawadana had appeared in the media, there was an obligation on Evil Emperor to apologize to the Sinhala Masses that how his foxy game of belittling UN Expert Panel Report has grown as a large Kapok fruit and at last beaten up by M/S Sooka in British Courts.
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Mallaiyuran / December 15, 2022
Tamil Parties did not achieve anything at last night’s all-party meeting. But this morning they went out on their usual “Secret Solution” marketing campaign. On the other hand, Slap Party has already declared that they only agreed to 13+. The parties that are employed by SLFP & Slap Party to continue the anti-Tamil campaign, (the so-called left-wing parties) did not go for the meeting. SLFP, last week proposed for District Council; Evil Emperor seconded it. Tamil Parties are saying that the Evil Emperor has given “this and that promises” and distracting Tamils with false hope. Evil had said that he is only testing some elements until Jan 31st to see if the Tamils’ problem can be solved or not. In other words, Evil will press Tamil Parties to accept the District Council, or otherwise face the Sinhala Buddhists’’ fury when they go hungry without food. Evil, appears to be, hoping to hook IMF loan failure on Tamils by saying that Tamils did not take the district council solution before January, which is said important to get the loan at least by in March. He did not express an opinion that the meeting would solve the problem by Feb 4th.
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Mallaiyuran / December 15, 2022
Neither Feb 4th nor 75th anniversary have anything to do with the IC investigation, which is the basic element needed to Tamils to reclaim their lost self-determination by agreeing for the unitary constitution in 1948. Yesterday, instead of going to talk outside of parliament, Tamil MPs should have stayed inside the parliament and explained to Sinhalese what a fake sandcastle UNP-SLFP union has been building with the convoluted talk for stealing Tamils rights through the unitary constitution. Now, Mr. 40% is letting us understand that the Hitler King feared Protesters, but he does not, and he will give up US citizenship if the unitary government needs to be protected. The No. 1 War Criminal, accused to robberies, embezzlements, thuggery, rape, stealing donations and organizing unconstitutional Coup has ordered to select no criminals to local councils on the Slap Party Ticket. The Soulbury constitution had the minority protection clause- S29. Once it was removed, the Tamils were no longer bound by any other constitution which ignored that clause.
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Mallaiyuran / December 15, 2022
” Do you want some juicy stories from British court rooms? ”
Sadampi went to London to learn science. Sadly searched for the rare phlogiston theory books ignoring abundant Lavoisier theory books. After mastering how to misinterpret Mark’s theories with the aid of a heap of conspiracy theory books, came back to Langkang to report to Siri Ma O, and served to Deva and Vasanthi. He gets well in what? As a marketer of Deva Badu’s, he is already very good at hallucination. But no imagination. Watch how he is going to replay his old song. Like MGR’s movies in Tamil Nadu theaters those days 300th successful week 400th successful week…. “Take your that thing; you know what I mean…. That’s it. Karumam. In Tamil they “say don’t beat a dog repeatedly to watch it open its teeth and start to plead”. I leave.
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Gus / December 15, 2022
Chanba, why say SL should fie action against Sooka. Why dont you get sinhala land to file action and show sinhalas international clout (NON EXISTENT and descending further into non existency)
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lankan100 / December 17, 2022
What is happending in East and Mannar now . Gota is unable to get a single penny from Qatar during trouble time wheras Hisbullah is able to get 300 million a year ago( as he said a year ago in a media). What does this show? Why the drug addtion is not in muslim shcools, only in sinhalal and tamil schools.
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