26 October, 2021

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Why I Urged My Friend Chief Justice To Apply For A Leave

By Carlo Fonseka

Prof. Carlo Fonseka

I believe that it was in the practice of scientific medicine that humanity perfected the technique of avoiding personal bias and prejudice in the conduct of human affairs. In these days of intense legal controversy I found it mentally stabilizing to rehearse the stages I passed through in reaching the aforesaid conclusion.

Pre- medical 

As a preliminary to medical studies we had to learn the elements of physics, chemistry and biology. In retrospect our pre-medical education in science consisted largely of cramming our heads with as many facts as could be squeezed in. Nobody taught us that the scientific approach to the world is essentially the process of looking for cause and effect relationships by careful observation, logical reasoning and practical testing in real life. We entered medical school without a clear conception of scientific methodology.

Pre-clinical

In medical school we were first taught the structure (anatomy) of the human body, how it works (physiology) and its chemistry (biochemistry). I well remember being taught that the human body is a machine in the strictest sense of the term (i.e. a contrivance for transforming one form of energy into others) and that it obeys the physical laws of thermodynamics to the letter. The behavior of a machine such as a bus is entirely predictable. For example, if it uses petrol as fuel, it will run on petrol irrespective of the size, shape, personality, mood, attitudes and beliefs of the guy who pumps petrol into it. The logic of treating the human body as nothing but a machine became irresistible to me when I was a medical student. I still remember a limerick which I found very convincing:

There was a young man who said: “Damn!

It grieves me to think that I am

Predestined to move

In a circumscribed groove:

In fact, not a bus, but a tram”

At the end of our period of preclinical studies the acceptance of biological determinism in the practice of medicine seemed inevitable to me.

Pharmacology

When we came to study pharmacology, i.e. the way drugs work, at first I couldn’t quite believe what we were taught. After all, if the body is a machine like a bus then it must react to a drug (a medicine) introduced into it in the predictable way that a bus will treat petrol that is supplied to it. In fact, however, nothing could be further from the truth. We learnt that the response of a patient to a drug is the resultant of at least 10 different factors including such things as:

* the doctor’s personality, mood, attitude and beliefs;

* the patient’s personality, mood, attitude and beliefs;

* what the doctor has told the patient;

* the patient’s past experience of doctors;

* the patient’s estimate of what has been received and of what ought to happen as result; and

* the social environment eg. whether supportive or dispiriting

[ See Clinical Pharmacology by Bennett & Brown, 9th Edition p.4 ]

Randomisation and blinding 

The realization that both doctors and patients (like lawyers and clients) are subject to bias and prejudice due to their beliefs and feelings made it necessary to device a technique to prevent bias from influencing the outcome when a drug is given to a patient. The technique rejoices under the name of “RANDOMIZED, PLACEBO-CONTROLLED, DOUBLE-BLIND CLINICAL TRIAL”. A full description of this technique is not necessary to establish the point of this article. Suffice it to say that even in the entirely material business of judging the efficacy of a drug, it is necessary to avoid rigorously the inevitable influence of bias and prejudice. The two most important aspects of this technique are “randomization” and “blinding”. Randomization, introduces a deliberate element of chance into the process of evaluating the action of a drug (The equivalent in legal cases would be to allocate cases to different judges on a randomized basis.) Given that both doctors and patients are subject to bias, and the fact that this will inevitably influence the outcome, steps must be taken to avoid bias by “blinding” both the patient who takes the drug (first blind man) and the doctor who gives it (second blind man). This is done by the use of a “dummy” tablet (placebo) which is exactly like the drug. By this technique the patient does not know what he is receiving and the doctor does not know what he is giving. It is by such an elaborate procedure that the bias of doctors and patients is eliminated in judging the efficacy of a drug.

Conclution

The equivalent of this procedure in judging a case in court would be for the judge not to know whose case he is judging and the client not knowing by whom he is being judged. Quite clearly the application of such a procedure is virtually impossible in regard to cases. Therefore, in order to maximize the probability that the outcome of a given case is not influenced by the bias on the part of a judge who is in a position to influence the outcome, would be for the judge whose bias might influence the outcome in the case to vanish from the scene. That is why I urged my friend Dr. Shirani Bandaranayake to apply for a leave of absence from her exalted office during the period that her spouse’s case is being investigated. For her to continue in that incredibly powerful and influential position at a time when her spouse’s case is being investigated would, in my judgment, constitute a serious case of screaming conflict of interest.

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    Dear Sir Carlo,

    You were a great teacher who were against lot of nonsense in Sri Lanka at the time of 70’s. You were against Privet Medical Faculties in 80’s and you were the dynamo of the movement against PMC which ended up in a great victory however. But I feel really sorry about you as one of your students at the faculty. Dear sir what really happened to you?
    You were used by lot of corrupted politicians to wash there dirty cloths. You are one of the a greatest intellectuals born in SL as Prof. Nalin de Silva bot of you were trapped somehow and being used to wash dirty cloths.
    I’m just giving you a medical advice although I’m one of your students, your Condition is named as “Senile Dementia” which erases all the past memories gradually. It finally erases even your identity(That is what happening to you) to a extent YOU ALSO CAN’T RECOGNIZE YOU.(Exactly what happened to you.) If you are still interested in neuro-physiology other than washing cloths of dirty thugs, just read through, you will find lot of new research on how to arrest Senile Dementia at an early stage( Although you may be in a late stage Still have benefits.) If you have no time to read you can consult a modern psychiatrist and get treatment.
    THE WORST CAN HAPPENED TO ONE IS, HE HIMSELF TARNISHING HIS IMAGE WHICH IS WORSE THAN DEATH.

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      “You were against Privet Medical Faculties in 80′s and you were the dynamo of the movement against PMC which ended up in a great victory “

      I do not agree with you with the above comment. It is true he was against the PMC but he was not the dynamo of the movement. I was a student leader at that time and still remember how he was not with us most of the time when we needed help. I knew who he was even at that time.

      • 0
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        I believe Carlo has given the best advice a friend could offer.
        It doesn’t matter who is right or wrong, at the end Shirani will lose and this process will destroy her and her family and she will end up like Sarath Fonseka. This will not change no matter how many of you shout. This is Sri Lanka country of the fools. At the end when all this is over Shirani will have no one, like Sarath Fonseka today.
        So all of you people who claim to love her are only sending her to gallows by asking her to fight. Therefore Carlo has given the best advice as friend thinking of her not about the country belonging to fools.
        Live today to fight another day!! The day is too young to defeat this regime

  • 0
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    Carlo:
    You have become the “mother” of all boot-lickers!

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    Anichchan Dukkan Sansaare!!!

    Why do we have to read these things from a man who had sound scientific training and had somewhat rational and a political mind.

    A few months ago this writer thought 1500th show of “Sa” by Victor Ratnayake’s was the occasion to talk about singers sperm bank!!!

    And now this….!!!
    Isn’t it our misfortune to see the decline of a man who had some thinking capacity and no friends or loved ones to tell him the truth …

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    Ha!..ha!..ha!! “.. The logic of treating the human body as nothing but a machine became irresistible to me ..”

    This [Edited out] who drank moonshine and treaded on the faith of God is now building up a shit theory to condemn human being to a mere machine! I am asking this question not from this slipper soup swallowing buffalo of the regime but the readers of CT: do we look machines, when you see a man or woman do you get the impression that you are look at a machine, when you see you on the mirror or when you look at your son daughter mother father friend lover etc. do you want to believe you are looking at a machine? This motherfucker would sell his mother for prostitution to save his paymaster sugar daddy MARA and the regime!!! That is why he is trying to brainwash and deform the minds of people by writing this rubbish in his shameless futile effort to save the regime from its self-inflicted defamation in the CJ impeachment saga! We do not need this fucker’s bullshit theories to understand the concept of freedom from bias and prejudice-all our poor people and the loincloth-clad peasant knew this when they uttered five precepts and meditated on the qualities of compassion! This bugger is selling humanity for moonshine!

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    Buttfucked married foregone conclusion:

    Therefore, in order to maximize the probability that the outcome of a given case is not influenced by the bias on the part of a judge who is in a position to influence the outcome, would be for the judge whose bias might influence the outcome in the case to vanish from the scene.

    Layman’s conclusion:

    There have been ample advises, demands and recommendations on how to conduct an impartial inquiry in an impeachment. Even the very constitution has clearly laid down the procedure for an impartial inquiry. The UNP, Wijedasa Rajapaksha’s proposal and Ranil in particular, the opposition members of the PSC, the panel of lawyers for CJ and the Latimer house agreement have all recommended and prescribed the procedure to be adopted. This government run by a team of uneducated uncultured bastards and dis-ably propped up by crooks and shit-men like Carlo F have made a terrible mess out of a standard and clearly constitutionally legally and natural judicially laid down procedure! Moreover this shitman’s horrible theory is self-contradictory as well! How about the bastard president himself stepping down from presidency and vanish from the scene because this whole execo-politico-legisla-judicia-comedy is subterfuged, plotted, directed, manipulated and perpetrated by the president himself and he is the accuser, prosecution and the writer of the judgment!

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    Sorry, the second word should read as “mararized” in my comment.

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    HODA LANUWAK Carlo, for “your friend” hang herself with. With friends like you. no enemies are needed. Isn’t this what you have been doing all your life—giving lanu to the people and getting favours for yourself from your masters. A good Porohitha, no doubt.

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    Comrade Carlo,
    Why only Pradeep Kariyawasam is in the dock. What happened to others in the director board of the NSB including the sasthra karaya. Don,t you have any semblance of knowledge to think that there were underground big hands behind this NSB- The Finance Fiasco.

    Please don’t under estimate our judiciary. The judge who has to hear Pradeep ‘s case is my friend whom with I worked in the same chambers of a leading lawyer some time ago. He is very impartial erstwhile judge. I know personally that even god can not control or influence him urging favors.
    If he feels after adducing evidence that Pradeep is guilty , he will impose him the suitable punishment. Do you have any evidence to support your view that CJ had influence the judge ? So I say that your logic is a third grade one.

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    Dr.Carlo,were you not told by your teachers before medical
    college that humans are animals? It’s just a matter of
    distinguishing CJ from others for their behavior and the
    conclusion is much easier.When you entered medical college
    what was your agenda? Don’t say “to serve people” because
    people know it’s a lie.Then for what? “ANEY BUDHU DOSTHARA
    MAHATHTHAYO ” to become idols of worship for stupid village
    folks.When are you going to ask your conscience why you lot
    behave contrary to medical ethics?When are you lot going to
    stop betrayal of your profession.Good ones,please ignore this.

  • 0
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    Carlo
    I wanted to come to your funeral. But now I don’t.

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    Dr.Carlo Fonseka,

    I had the greatest regard to you when I was a teenager. I loved to listen to your talks and your demonstration at the rationalist association with Dr.Kovur. But in recent years I watched with disgust how you downgraded yourself to such low levels in trying to protect your friend MR, the President. Can you please use your knowledge on psychology and Buddhism to explain to us how even educated people fall prey to positions and gains and sacrifice their consciousness and beliefs?
    First of all you should advice your good friend, President to refrain from anti-democratic acts and not to misuse his power and hold kangaroo courts to try people who do not go along with him. . Why don’t you write an article about importance of good governance and rule of law in the country?
    Out of all the wrong things happening in Sri Lanka, could you explain why you selected to give your good opinion only on Sriyani Banadaranayake continuing as CJ? Isn’t it because such opinion is favorable to your good friend MR? Please doctor; do not be selective in pointing the bad things happening in the country. Star with biggest culprits who are ruining the country and directing towards a dictatorship. PHYSICIAN, HEAL THYSELF!

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    Just another quack in the field of Law and of Hudsan calibre

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    Most of the 50 odd commentators before me have (sometimes grudgingly) lambasted Carlo Fonseka for many an allegation.

    I simply read the article and did not entertain any history, bias, affiliation he might have had, friendships, lifestyles etc.

    In doing so, I gained some valuable perspectives on the study and practice of medicine, the related psychology of treatment and was quite impressed by his articulate expression.

    Why he had to bring in the chief justice’s scenario is a mystery. Without dragging that “advise” into the story, it would have made excellent reading material for any layman.

    I would like to suggest to “anonymous” commentators or those who use pseudonyms, to be moderate in critical analysis and be fair. That way they elevate their own respectability and credibility.

    • 0
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      LP,
      Are you also not playing the same if not a very similar game as CF and DJ in missing the woods for the tree or a branch for the twig or a leaf for the twig? Are you also not trying to usurp the editorial role of the CT and sound like sanctimonious cat when people deliberately chose anonymous and pseudonymous names to vent their thoughts and truer feelings? I myself have used around 13 odd such names as well as my very own right now.

      Could it be that you don’t want to display your covert love and approval for the MARA’s in SL? If not one such you who writes in the “Pahana” about not trying to have illusions or delusions to objective writings etc is not living up to your own claims and seem to be lacking a holistic overall view of the bigger picture be in SL or the planet at large and could it be that you too may indebted to the multiparty corrupt coalitions of powers the rule SL and are hell bent on doing what VP did to the north and east to the whole of SriLanka?

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      LP, following the footsteps of your forefathers who may have done the same laundry operations for the wrong man? You know, when you willfully train yourself to eat feces you gradually get used to it and the filth becomes the staple diet of your survival! This is what has happened to you: you don’t anymore see the muck you are swallowing, emitting, regurgitating and smearing as muck! And you mistake others for your!!!!!!

  • 0
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    This the problem with these [Edited out]-trying to use the ass-washing tub to drink tea! This [Edited out] is attempting to replace justice and judicial procedure with medical ethics and prescription procedures! It is time he have a MRI done on his crewed up brain! What this “sell-by-date expired” and at-the-edge-of-the-burial-pit geriatric fails to see is why this case ever come to the SC past the parliament! Had MARA followed due process and set up a suitably qualified and impartial PSC to look into this matter this whole thing would have been finished at the parliament itself! Now that the MARA fool and this advisors like Carlo Fonseka have messed up everything they are smearing their muck of stupidity all over themselves thinking the people are fools just like them!

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      @CMW – Thank you for pointing it out, the problem solved. – CT

  • 0
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    Dear Prof. Carlo Fonseka,

    A Merry Christmas to you and your boss Mr.Percy Jilmart. This link may interest you and enlighten you. ;)

    http://www.bbc.co.uk/worldservice/documentaries/2010/07/100624_doc_useful_idiots_lenin.shtml

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    Dr.Carlo Fonseka,

    Your Placebo experiment is not going to work here as both CJ, her lawyers, and the General public who are behind her are much, much more mature both Mentally and Intellectually than you and your camp. Infact remember even your “Prevention of Smoking” campaign now been challenged in Western world…….as some states In USA, Canada and Europe are relaxing laws on Marijuana use on medical purpose.

    INFACT AFTER GOVERNING THE COUNTRY FOR SIXTY YEARS BOTH UNDER LEGISLATURE BACKED BY PRIME MINISTERS……..AND LEGISLATURE UNDER EXECUTIVE PRESIDENCY HAVE MADE CIRIZENS FRUSTRATED, FURIOUS AND DEMORALIZED.

    THEREFORE MY SELF AND ALL OTHER COUNTRY LOVING CITIZENS STRONGLY SUPPORT FOR FUTURE ADMINISTRATION OF THE COUNTRY TO BE HANDED OVER TO JUDICIARY…. AND THE REST OF THE PARLIAMENT TO GO ON EARLY RETIREMENT AS MINISTER MAITHRIPALA SIRISENA HAS DECIDED TO D0.

    BEST OF LUCK TO ALL GOVERNING BODY.

  • 0
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    “Kalo Ayanthe”

    Dr Laksiri has clearly summed up your motive Prof Carlo.

    “he is trying to prostitute his professional knowledge for the benefit of a political power scheme to destroy the independence of the judiciary”

    It is time for all to stand up against injustice, lies, bribes, corruptions, etc…..

  • 0
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    Carlo,
    I have seen that You are releasing some heavy word in the TV & many special occasions with lac of sense.The audience also listening that they very clearly understanding the speech and finally all of the audience giving claps.
    But I understand all of your words like the “seethambara pate”. Is it?( the fool king)

    You are a professor.
    But you knows nothing…Sri lanka & what is happening to the sri Lankans…Don’t go kade to MR & FAMILY.
    You have nothing done to the Motherland so far….
    Without “peechan” mind your business please…..

  • 0
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    Carlo,
    You are same to Edvin Ariyadasa. we all have forgotten him. He is the Director of “Sakvithi Ranasingha Group”.
    Fortunately Edvin Ariyadasa has not given any comments.
    Merry Christmas to you….

    Carlo Said,
    (sutn alsazugt algutnxourmcauynvbayiegtvbkASYBXYFEVCtfr;IJMDXBAALXAYLGHN VLUYBUZLKYBVZLKUBVKZATGVB KZ’M AUNBALKHGBALSHDGBNV ALYTBLjhGNZFNz LUGNHGBVKgfv)

    Prof Carlo Ponnaseka.
    ( 15th of January 3018 at temple tree ,Colombo)

  • 0
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    This is a very rare occasion where almost all the comments are against the author and the content of the article. Does that mean anything?

  • 0
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    This means that everybody else are idiots or Carlo is an idiot.

  • 0
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    Anuradha Pieris is an idiot. Not Carlo Fonseka.

  • 0
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    This means that people are getting smarter. They are developing the ability to see through words.

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    Carlo,read Charitha Ratwatte.The Chairman NSB was a non executive director, that the GOVT should know.Why were not the executives brought to court.CJ was right. You are another LSSP who sucks the SLFP for perks

  • 0
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    carlo, stick to your sex lessons. They are more readable

  • 0
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    Rajasinghe, That means people will not tolerate “Dawal Migell Raa Daniell” act of anyone. Time has changed, on his own words environment not willing to take that!

  • 0
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    What can one say except O tempora O mores ! Just look at GL Peiris, Carlo Fonseka ! What is the difference between them and Mervin Silva and Wimalawansa?

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    “..The technique rejoices under the name of “RANDOMIZED, PLACEBO-CONTROLLED, DOUBLE-BLIND CLINICAL TRIAL”. A full description of this technique is not necessary to establish the point of this article. Suffice it to say that even in the entirely material business of judging the efficacy of a drug, it is necessary to avoid rigorously the inevitable influence of bias and prejudice. The two most important aspects of this technique are “randomization” and “blinding”. Randomization, introduces a deliberate element of chance into the process of evaluating the action of a drug (The equivalent in legal cases would be to allocate cases to different judges on a randomized basis.) Given that both doctors and patients are subject to bias, and the fact that this will inevitably influence the outcome, steps must be taken to avoid bias by “blinding” both the patient who takes the drug (first blind man) and the doctor who gives it (second blind man). This is done by the use of a “dummy” tablet (placebo) which is exactly like the drug. By this technique the patient does not know what he is receiving and the doctor does not know what he is giving. It is by such an elaborate procedure that the bias of doctors and patients is eliminated in judging the efficacy of a drug..”!?#%&*!~!!!!

    Hah!!! This is sheer madness and a geriatric gone mad approaching his “sell-by-date” and dead-by-date; by the way I like this phrase used by one of the commentators in this forum-credits to him!

    First of all, to dismiss this childish dabble of this bird-brainer I claim this empty rant which purports to claim impartiality is utterly, completely and fundamentally BASED ON BIAS and prejudice. He seems to misappropriate the concepts and techniques of medical profession in violation of the medical ethics in support of an illegal, corrupt and essentially perverted and deformed Kangaroo Court procedure bent on propping up a despot, his family and a herd of thieves in collusion with the despot to plunder the country and its people.

    Trying to substitute a process adopted in the field of medicine used in researching the efficacy of a test stage medicine for the constitutional governance and judicial procedure is in no way an idea and a recommendation that a normal sane and intelligent person can advocate because in the former the trial is experimental and trial and error based and forthcoming whereas in the latter you are not going to tamper and experiment with the law and judicial procedures which have been procedurized and hardcoded in the constitution and accepted by the majority vote in addition to same being in practice for hundreds of years in the legally functioning governments throughout the world. Any change or amendment to same must be in line with the already practiced legal procedures and the concept of natural justice and human rights considerations.

    Now when these uneducated uncultured bastards who now expand and [Edited out] like Carlo Fonsekas started this whole asking for trouble impeachment process they did everything wrong from the first step to the last and still continuing and counting the rot which I do not think necessary to elucidate over and over again because everybody in the whole world knows the extent of the mess! I command this old fucker to read Latimer House agreement on the conduct of impeachments before he writes these rubbish dribble to hoodwink the public opinion. If due procedure was followed this whole fiasco would not have ended in the hands of SC and such a public opinion and outcry would not have occurred against the regime and for the CJ and judiciary!

    Therefore if anybody tries to cite various scientific methods to justify such an unconstitutional and illegal process of a despot bent on continuing his despotic regime at the expense of millions of suffering masses I think time has come for people to take their sovereignty to their own hands and set up their own Kangaroo Courts where the maggots like Carlo Fonsekas are lynched like broilers together with their family members because they too would follow the footsteps of their fathers!

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    Carlo singing for his meals— Ane pawu

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    use your knowledge on prostitution.
    if this comment is an embarrassment for women who practise that profession i’m not hesitate to say “extremely sorry” for them.
    what CARLO trying to do is worst than that.
    i think his brain dead though he still alive.

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