4 June, 2020

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Special Bench Refuses MPs Herath & Sampanthan Their Right To A Hearing In AG’s CJ Impeachment Appeal

The Colombo Telegraph reported yesterday, how 2 opposition Members of Parliament – Vijitha Herath (JVP) and R. Sampanthan (TNA) had appealed to the Supreme Court not to deny them their rights as respondents in the controversial appeal by the Attorney General from the Appeal Court judgment based on a Supreme Court ruling.

Click here for yesterday’s story which contains the background and the full text of the court motion filed by Herath. Sampanthan had also filed a similar motion.

Justice Marsoof

When the case was taken up, lawyers M. A. Sumanthiran and J. C. Weliamuna both told the court that they stand by what is said in their court motions and that even Attorney General Palitha Fernando (PC) who appeared personally earlier should confirm the facts. However Deputy Solicitor General said there was no need for the AG to say anything.

Sumanthiran and Weliamuna told the 5 judges chosen to hear the case by de facto Chief Justice Mohan Pieris (Saleem Marsoof (PC), Chandra Ekanayake, Sathya Hettige, Eva S. Wanasundara and Rohini Marasinghe), that if the judges cannot remember, the court should listen to the recording of the relevant day’s proceedings which would confirm the truth of what they say. However Marsoof responded by saying that there may not be a recording of that day’s proceedings. Proceedings are normally recorded so that whether what the court stenographers have written is accurate can be checked. Mikes and recording machines have been there for years for this purpose and is used daily.

The Supreme Court abruptly refused the appeal of Herath and Sampanthan without going into the matter and fixed the appeal for final hearing on 26.09.2013 based only on AG’s submissions. This is against the normal practice in other appeals.

The Colombo Telegraph contacted a senior political analyst, who said that the move by the judges was not acceptable or transparent. He argued that what is said in the court motions is so serious that if it is true the wrong order should be cancelled and a fresh order made allowing Herath and Sampanthan to make submissions. The judges should also explain how the error took place for transparency. In the same way, if what the lawyers are saying is false, then they should be severely punished for contempt of court. In any case, clearly an open inquiry should be held, he concluded. He felt that the court proceeding audio recording going missing gave a ground for a reasonable suspicion that the lawyers are right.

The Colombo Telegraph checked with some independent sources who were in the court house on that day. They also confirmed that the facts in the motion about what happened in the Supreme Court are correct.

According to very reliable sources the judges are under great pressure from the Rajapaksa regime to quickly whitewash the disregarding of the earlier court rulings by pronouncing that the court rulings were wrong, before the Commonwealth Heads of Government Meeting (CHOGM) which is to be held at the end of the year in Sri Lanka.

The Colombo Telegraph tried to contact the Supreme Court Registrar to find out about the recording. The person answering the phone claimed the Registrar is not there but any message could be given. When asked about where the recordings are and whether a copy could be listened to, she kept saying “We can’t give anything without asking CJ. Please ask him ok.”

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Latest comments

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    IT IS BETTER TO ASK FETHERS FROM TORTOISES THAN FAIR, JUST JUDGMENT FROM PRESENT GOVERNANCE,
    AS THERE ARE NO ANY EDUCATED PERSONS WITH THEM .

    ONLY BONE SUCKER AND A X X LICKERS WITHOUT SHAME.

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    “however Marsoof Responded by saying that there may not be a recordings of that days proceedings”

    Actually our Judges learned this from Duminda Silvas case. in that case Lawyers of Duminda Silva confirmed that Duminda Silva Cannot remember anything in the past. Our Independent judiciary accepted that. Now the Supreme Court Judges also follow the same theory. This will continue as long as we have this Impotent Opposition.

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      How the hell does he know even without checking. This guy is a disgrace to the legal profession.

  • 0
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    Look where the judiciary is now.. from where it was a few decades ago.

    • 0
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      The judiciary is under the constructive control of Hitlerpaksha a.k.a. Idi Mahin. This mad dictator is the one who indirectly delivers judgment in all cases??

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    This ‘supreme court’ is supremely pro-government.
    It is a ‘puppet’ court which seeks to whitewash the government.
    The refusal to hear the recording of what was said earlier confirms the character of this court.

  • 0
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    This [Edited out] either has gone Mad or want all of us to get infected with it’s Rabies.

    Where the [Edited out] he came from……Hambanthota Kelawedda now spreading it’s infecions all over. Now I surely know that this dog has gone mad.

    Dr.Shirani Bandaranayake is the only CJ in Sri Lanka’s history who has an Oxferd PHD in Law.

    SHE EVEN REFUSED THE FIVE DUTY FREE CAR PERMITS THAT WERE OFFERED TO HER WHICH SHE IS ENTITLED TO THEM LEGALLY. Each permit values 3 to 5 million Rupees and make her rich by 25 million rupees. But she declined all of them.

    Also she is the only CJ in Sri Lanka’s history who never travelled abroad even for vacation or official Travels at Government’s expense when offered and who even did not use her annual leave, excess sick leave, or cassual leave during her stay in office.

    She did not accept them because she is a true Patriot who did not want to spend Poor people’s hard earned foreign Exchange,who are working as slaves in Middle East.

    Therefore there is there any purpose to steal or take bribes or hide her income from anybody when she even gave back what she is entitled for.
    Read the following webs.

    http://www.ask.com/wiki/Shirani_Bandaranayake

    The only reason to fire her was MR thief wanted his brother Basil to have access to Divineguma 85 Billion rupees money with all the fake projects. Basil is the world famous Mr.10% Commission Kakka and everybody knows it and Divineguma was a Jackpot to him.

    The simple reason is that CJ Dr. SB opposed giving the custody of whole 85 billion to Alibaba, and beause of this his big brother, the other big crook got offended.

    Can you explain what Basil Rajapakse did with this colossal amount of money. He imported tons and tons of vegetable seeds from an unherd exporter from Malaysia, which most of the seeds were expired and gave to farmers.

    Farmers grew vegetables, and due to distribution of excess seeds, the harvest suddenly jumped up more than the market requirement, and as a result over 7000 tons of vegetables had to be discarded.
    http://www.sundaytimes.lk/120422/BusinessTimes/bt02.html

    This is what he did with the Divineguma fund. Now the farmers are crying for Fertiliser and chemicals due to shortage.

    Here’s the reason why CJ Dr.Shirani Bandaranayake was Fired by Rajapakses.
    Read the following webs.

    http://www.nst.com.my/opinion/columnist/for-sri-lanka-it-s-all-in-the-family-1.203264#ixzz2IJrSvCPL

    lankastandard.com/2011/10/sri-lanka-one-of-the-most-corrupt-nations-in-the-world

    http://lankawhistleblower.blogspot.com/2007/05/basils-45-million-dollar-home-in.html

    Also she did not want to bow down to “Sambudda Saasana Chakrawarthi Salli Hora” crook who bribe others to do his dirty work.

    Check with Court house as to see how many Foreign trips this new CJ Mohan Peiris have made for this short time since he came to courts, and how many days he was absent from courts and how many cars and duty free permits he got. Check yourself.

    You are talking of a Baseless argument of Mr.Sumanthiran when we have a Maharaja’s coolie who visit Araliya Gaha every morning to pay homage to big boss, as a CJ in our Supreme court. What is the difference.

    Now we have to rely on Tamil Parliament MPs and Lawyers like Mr.Sumanthiran to come to our rescue when needed, because all the Sinhala Parliament “Sambudda Saasana Chakrawarthi” Alibaba crooks including the opposition are nothing but Amu Hora Thakkadi Gas Gembas. The world famous crooks.

    The ever famous “Sambudda Saasana Chakrawarthi Kapatiya” Tsunami Hora want others to bow to him after bribing them, including the Opposition Leader who is another as… Lick….g dog Ponna sami. The country is at this state because of this opposition leader Pon…a Sam….i.

    That’s why Minister Rajitha Senaratne said to call President as ….. “Mahinda Saranan Gachchami……Sadu sadu sssaaaadduuu”

    It is time before too late to kick this mad crazy dog out before it infects all of us with Rabies. It will be too late then.

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