23 September, 2018

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WikiLeaks: The Only Supreme Court Justice Who Dares Challenge Sarath Silva Is Shirani Bandaranayake

By Colombo Telegraph

“Aziz told us that never in the judiciary’s history has there been a chief justice with such absolute control over the rest of the country’s judges. Aziz and Pieris said De Silva is charismatic, cunning, and vindictive, as well as one of the great legal minds of Sri Lanka, making him the last person anybody wants to challenge. From the Supreme Court down to the Magistrate Courts, De Silva dominates. Although there are 11 other Supreme Court justices, the Chief Justice chooses which ones sit on a given bench (usually consisting of three judges per case). Aziz said De Silva picks the most compliant judges regardless of their seniority.” the US Embassy Colombo informed Washington. 

Silva

A Leaked “CONFIDENTIAL” US diplomatic cable, dated June 27, 2007, updated the Secretary of State on Sri Lanka’s Judiciary under the Chief Justice Sarath N. Silva details Silva’s judicial behaviour. The Colombo Telegraph found the related leaked cable from the WikiLeaks database. The cable was written by the charge d’affairs James R. Moore.

The cable which details the US meetings with a former Attorney General, Shibly Aziz and a prominent private attorney, Saliya Pieris.

Under the subheading “Only De  Silva Matters”   James R. Moore wrote ” Pieris told us that even when De Silva is not personally on the bench, the Supreme Court justices make decisions approved by De Silva. Pieris said the only Supreme Court justice who dares challenge De Silva, Dr. Shirani Bandaranayake who is second in seniority, has now been marginalized. Aziz and Pieris point to the small number of dissenting opinions written during De Silva’s tenure as further evidence of his dominance.”

“Pieris also said that De Silva uses punishments and rewards to get what he wants. Pieris claimed he disbars lawyers who criticize him and withholds career opportunities from his adversaries. Transparency International noted in its 2007 report on Sri Lanka: “Judges who do not tow the political line are warned, and if incorrigible, are dismissed on one pretext or another. Conversely, judges who are politically in line with the administration are shielded from disciplinary action despite evidence of corrupt practices, including bribe taking…” Although no one openly opposes him, Pieris said, judges at all levels privately say they are unhappy.” Moore further wrote.

We below give the relevant part of the cable;

 

VZCZCXRO7207
OO RUEHBI RUEHLMC
DE RUEHLM #0920/01 1781329
ZNY CCCCC ZZH
O 271329Z JUN 07
FM AMEMBASSY COLOMBO
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6359
INFO RUEHRL/AMEMBASSY BERLIN PRIORITY 0479
RUEHKA/AMEMBASSY DHAKA PRIORITY 0240
RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 7223
RUEHKT/AMEMBASSY KATHMANDU PRIORITY 5328
RUEHLO/AMEMBASSY LONDON PRIORITY 3868
RUEHNE/AMEMBASSY NEW DELHI PRIORITY 1142
RUEHNY/AMEMBASSY OSLO PRIORITY 3941
RUEHKO/AMEMBASSY TOKYO PRIORITY 3025
RUEHCG/AMCONSUL CHENNAI PRIORITY 7811
RUEHBI/AMCONSUL MUMBAI PRIORITY 5467
RUEHON/AMCONSUL TORONTO PRIORITY 0279
RUEHGV/USMISSION GENEVA PRIORITY 2163
RHHMUNA/HQ USPACOM HONOLULU HI PRIORITY
RHEFDIA/DIA WASHINGTON DC PRIORITY
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY
RUEHBS/USEU BRUSSELS PRIORITY
RUEHLMC/MILLENNIUM CHALLENGE CORPORATION PRIORITY
C O N F I D E N T I A L SECTION 01 OF 04 COLOMBO 000920 

SIPDIS 

SIPDIS 

DEPARTMENT FOR SCA/INS
MCC FOR D NASSIRY AND E BURKE 

E.O. 12958: DECL: 06/25/2017
TAGS: PGOV PREL PTER PHUM MOPS CE
SUBJECT: AMBITIOUS CHIEF JUSTICE BREAKS AWAY FROM PRESIDENT 

REF: A. (A) COLOMBO 00824
     ¶B. (B) COLOMBO 00265
     ¶C. (C) COLOMBO 00152 

Classified By: charge d'affairs James R. Moore, for reasons 1.4(b,d). 

¶1. (C) SUMMARY:  In a shift from regularly supporting the
President in its rulings, the Supreme Court, headed by Chief
Justice Sarath De Silva, made several decisions this month
that the public widely hailed as justice served by a newly
independent judiciary.  Legal experts say, however, that
while they are also pleased with the recent rulings, they are
less the result of an improved judiciary, than a product of
De Silva's political ambitions and new alliances.  Earlier in
the year, international organizations expressed concerns over
De Silva's influence over the judiciary in annual reports and
recommended inquiries into the allegations that De Silva
unfairly manipulated decisions.  Though he would like to, it
is unlikely the President will be able to oust De Silva
before he retires from the Court in 2009.  Meanwhile, legal
observers continue to worry about De Silva's potential impact
on the judiciary and the peace process.   End Summary
ONLY DE SILVA MATTERS 

COLOMBO 00000920  003 OF 004 

--------------------- 

¶6. (C)  Aziz told us that never in the judiciary's history
has there been a chief justice with such absolute control
over the rest of the country's judges.  Aziz and Pieris said
De Silva is charismatic, cunning, and vindictive, as well as
one of the great legal minds of Sri Lanka, making him the
last person anybody wants to challenge.  From the Supreme
Court down to the Magistrate Courts, De Silva dominates.
Although there are 11 other Supreme Court justices, the Chief
Justice chooses which ones sit on a given bench (usually
consisting of three judges per case).  Aziz said De Silva
picks the most compliant judges regardless of their
seniority.  Pieris told us that even when De Silva is not
personally on the bench, the Supreme Court justices make
decisions approved by De Silva.   Pieris said the only
Supreme Court justice who dares challenge De Silva, Dr.
Shirani Bandaranayake who is second in seniority, has now
been marginalized.  Aziz and Pieris point to the small number
of dissenting opinions written during De Silva's tenure as
further evidence of his dominance. 

¶7. (C)  Pieris also said that De Silva uses punishments and
rewards to get what he wants.  Pieris claimed he disbars
lawyers who criticize him and withholds career opportunities
from his adversaries.  Transparency International noted in
its 2007 report on Sri Lanka: "Judges who do not tow the
political line are warned, and if incorrigible, are dismissed
on one pretext or another.  Conversely, judges who are
politically in line with the administration are shielded from
disciplinary action despite evidence of corrupt practices,
including bribe taking..."  Although no one openly opposes
him, Pieris said, judges at all levels privately say they are
unhappy.
Related posts;

‘I Have No Objection Against The Impeachment’ Says The Most Corrupt Chief Justice

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Latest comments

  • 0
    0

    I don’t want to kill you.

    I am not capable of killing a man.

    I want to send this tyrant to the abattoir.

  • 0
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    What a whore fucker is this bastard! He was caught having whore sex under a bush in the jungle near the parliament! This testicle fucker is a legal thug, crook, regime bump sucker, womanizer, judicial anathema…. If I were the president I would hand this fucker from a lamp post in the Galle Face green and the carcass given to dogs to eat!

    • 0
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      I think you should have censored this attack of the killer trolls out, CT editors.

      It’s rather gratuitous swearing about no one in particular, to no one in particular, about nothing in particular.

      • 0
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        (Dr!@#?) Romesh,

        “..It’s rather gratuitous swearing about no one in particular, to no one in particular, about nothing in particular..”

        I don’t particularly like posterior lickers of the Rajapakshas and criminals like this maggot SN Silva and R Seneviratne! The whole country has witnessed this urchin preaching bana through television where he pretended to rival the noblest Buddhist monk on earth! And you sucker shit bundle come along and try to white wash this whore fucker and the criminal regime! This pimp SN Silva was caught fucking a whore under a bush! And he was caught by police officers with cum dribbling from his penis! OMG can you believe this? This Romesh urchin is trying to protect him! If this happened in an another country this fucker would have been jailed after stripping him of CJ post! I suggest you prefix your name not with Dr. but with “Devil” or “Bum Sucker”! This is the unfortunate situation in this country because there are bum suckers of criminals like this sucker who appear to behave as if without doing dirty filthy laundry works for the IRC criminals of the rogue regime their survival would be threatened! The second tier of criminals who must be herded to Galle Face Green for dumping in to the Beira Lake are the suckers like Romesh! After all only a womanizer would come to rescue another womanizer!

  • 0
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    Trying to make headlines out of old news, here, CT? Or trying to make out that she is being “persecuted”?

    Sounds like one old Anglo-American stooge CJ was pushed out by another ambitious but crooked member of the ex Ruling-Clan, with expert training from Harvard (Obama’s Alma Mater)…who else was involved in this dastardly crookery?

    It also sounds, from this short piece, that she was, as the President said, “too big for her boots”. The only individual to arrogantly push her point, and the only one with a “HARVARD LAW DEGREE”…rather “typically American”, as they say! How pompous!

  • 0
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    Can some body at least at this late stage put this fellow some where , with that thing , he lives with and close the door or box and throw the key away?

  • 0
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    Every mess that is in Sri Lanka points to one place . The intelligent cunning avaricious Silva . They are the judicial pronouncements that were made for politics and his desire for politics.

  • 0
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    sarath shut the f…up. do you rember how you kissd cb’s ass.you are responsible for this fail judiciery system. MR is looking for cowad like you.

    • 0
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      This bastard is NOW licking Idi Mahin’s ass. He must have been promised a diplomatic appointment coupled with wine, women and song!!

      • 0
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        You might be confusing continents, here, Herr.

        There’s no Idi Mahin…you might be thinking of Idi Amin of Uganda.

        Yeah, the Brits, Yanks and Jews used the same demonization techniques against him, too.

        Why,.. because he had a Muslim name??

        Or just because of the colour of his skin?

        Or was it planned, all along?

        Yes. Now we all now know it was the latter. The “LAST TIGER WAR”, “TIGERS: THE REAL STORY”, “LTTE: THE PRIVATE WAR”, “PRABAH’S LAST STAND”…ad nauseum. ad infinitum….amen.

        “THE TIGER KING RISES AGAIN!!”

        Heard the new TIGER movie by SEEMAN, VAIKO AND THE EVIL DOCTOR BEE” is just around the corner….

        I’m going to tell all, once I find Donald Gnanakone…

        He is going to get Justice and COMPENSATION VERY SOON.

        Not from the Government of Sri Lanka…from, rather, the Governments of India, Norway, Australia, Britain and the USA.

        FOR THE LIVE-AMMUNITION MOVIES, TV DRAMAS AND SERIALS USING “EELAM” (INDIAN NAME FOR ILANKAI/LANKA) as a REAL LIFE WAR MOVIE SET.

        You evil monsters…

        So SEEMAN “directed” the “scenes”
        and VAIKO “produced it”
        with Cameo appearances by the architect of the plot and “visiting professor”:

        “PROFESSOR” BRIAN SENEWIRATNE (known also as Dr.B the Satanist)

        Do you know whose idea this was? Using Sam Peckinpah’s notorious film-making technique to make the violence “realistic”.

        Yes…film REAL VIOLENCE.

        How many thousands died in the making of the J.K.ROWLING movies?

        Hundreds, Thousands, or Minnions?

  • 0
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    De Siva I strongly advise you to shave your head and enter the priesthood this will make you to enter Nibbana, otherwise you will roast in hell fire for what you have to the three communities in Sri Lanka.

    • 0
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      Are you sure you’re getting all your names spelt right there, beginners?

      if you’re talking about the Ilankai de Silvas, they’re spelt like this

      dysylva

  • 0
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    Dr. Romesh, you are not seeing the point here.

    The fact of the matter is whether she is arrogant or not she serves for the independence of judiciary which is the crux of the matter.

    Its indeed pathetic you living in a Western country enjoying the fruits of western democracy does not want our kids in Sri lanka to enjoy the freedoms that your little piano whiz is able to enjoy.

    Hypocritical reality..

    • 0
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      The point, Bandaranilage, is that she is a carpetbagger…but a lot more…

      She was trained and employed to “act” as “CJ” in a movie…a dramatized version of Brian Senewiratne’s Privately Funded Real Life “ON-GOING EELAM WAR” movie and documentary…

      Funded by gullible members of what he first thought were, clever but gullible…then rich and stingy…

      Read DONALD GNANAKONE’S STORY…

      The looting of his Family Business Empire was my father’s “opening shot” for his heroic appearance in 1983 as the:

      “Only pure-blooded Sinhala Doctor to Stand Up for the Oppressed Tamil
      People”.

      These were his lines. He had to say them many times, before he could get them right…now he keeps repeating it, though the movie has ended.

      I think it may be called the “METHOD ACTING” of the PEELAM/SEMEN/SEEMAN/SEAMAN SCHOOL.

      THE SAM PECKINPAH METHOD.

      You kill the “natives” and film it all. Then you cut, splice and sew…

      Then you seduce, rub and rape…

      absoLUTEly disgusting.

      And all because of his vanity and greed. And because he was selected for training at CAMBRIDGE on his merits…he had none, so he “borrowed” money from his relatives, then had them killed, and borrowed from my mother’s father, WINSLOW ALAGARATNAM, and then had him killed too.

      The problem of killing people and stealing their parts (by focusing on the Liver), runs in his side of the family…including the “Di Liveras” side (the Liver-ah! side) and as for the govigama “OBEYASEKERA” FAMILY…

      Have you asked this OBEYSEKERE acting as professor at Princeton University, what happened his father, grandfather and great-grandfather? Tell ask to have a look at the Genebase for our family and update our family records. Let’s see how he reacts to making mistakes…it’s the first test of learning ability.

      The Liveras are trying to steal all the family land for the Burghers, and leave none for the Tamils or Singhalese, let alone anyone else…that’s not nice. You can see that from the haste and carelessness in Manjula Di Livera’s data recording in the GENEBASE record of the HGP.

      By the way, “Bandaranilage”

      Can you write your name in the Pali script for us? Or Singha script?
      Or Dhemala script? And, I take it you know that “nila” is “blue”. (I hope you do). “Gaeye” means “house”.

      BTW: the crux of the matter, of this old news, is that she was guilty of crimes against humanity and genocide. Her involvement with Harvard is of no surprise to me…This has been their modus operandi since the early years of TV.

      She hasn’t faced execution yet. But that is the only punishment allowed for this magnitude of crime under International Law.

      Maybe David can comment on the evidence?

      • 0
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        This Dr, Romesh needs help….compassionate help…ideally in an institution.

        • 0
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          You are probably right. He appears to have been released from an institution. Looks like he is an Idi Mahin backer???

  • 0
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    People should not forget that even His Excellency Mahinda Rajapakse, when took Tsunami relief money to a private account, was accused of financial fraud but it was supreme court which saved him.

    Unfortunate that H.E will not do justice to the same S.C that saved his skin seven years ago.

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