Lucien Rajakarunanayake
“Recuse” is a word that is getting all too familiar today. There has been one more recusal in the case involving the Wilpattu Forest Reserve and allegations of serious violations of the provisions and legal requirements for forest protection.
“Recuse” is fast becoming part of our vocabulary of court proceedings with increasing recusals in many cases involving alleged bribery and corruption under the Rajapaksa Regime, especially the Gotabaya related cases on alleged corruption.
‘Recuse’ is to disqualify or excuse (oneself) as a judge from a case because of a potential conflict of interest or lack of impartiality. We must respect the judges prepared to display this situation in case proceedings.
Another important meaning of ‘recuse’ is to challenge (a judge or juror) as unqualified to perform legal duties because of a potential conflict of interest or lack of impartiality.
What we have to consider today is whether Justice itself has been recused from the Wilpattu Forest Reserve. How many more times will the petition on the alleged violations of the law on Wilpattu have to be studied in a court of law, with the threat of recusal hanging over judgment? Are we ready to recuse or challenge the judicial system?
This is a country and society used to the long delays in the legal process, which means extended delays in the enforcement of justice. The politicians are talking big today of bringing new legislation to stop the spread of terrorism, prevent of control hate speech, and the many other issues that face the public. But, little is ever said of bringing the necessary amending or new legislation to end delays in the entire process of Justice and the functioning of the judiciary in Sri Lanka.
Time and again we read and hear how the politicians involved in corrupt practices keep getting postponements of cases, involving even very simple matters such as the issue of a false or illegal passport, or huge public monies used illegally to build monuments to one’s parents. The postponements are now so lengthy and regular that they will transcend the period of a government that promised to fight corruption, to possibly move to that of a government re-elected with a policy of encouraging family and public corruption.
What do the repeated recusals mean for Wilpattu? It is the continuing destruction of a much needed forest reserve, so necessary for the spread and protection of the natural habitat in this country, so essential for the protection of the environment, a must for the survival of the species of animals, birds, fish and insects that thrive and breed here, and giving more valuable time for the politically and business backed destroyers of all these assets of nature.
This repeated Wilpattu Recusal is a mirror of the overall political recusals or disqualifications on conflicts of interest and lack of impartiality that pervades our entire system of politics and governance. The destruction of Nature and Wildlife in Wilpattu is an extension of the overall destruction of the systems of good governance, proper administration, and efficient financial investment and performance this country and its people face, irrespective of the ethnic and religious differences that are highlighted to suit the manipulators of political, social and legal recusal.
There are many who are objecting to the latest recusal or holdup on Wilpattu see it as a manipulative benefit to the Muslim politicians – of course Rishard Bathiudeen and people of his ethnicity or community that have been settled in the questionable areas. There is overall silence from those in yellow robes and lay attire, about the Sinhala Buddhist persons who have also been granted or somehow obtained land in this Reserve of Nature, through their own political manipulators, from Ministers to MPs – from the days of Basil Power. This is the increasing duality of political and social handling and propaganda that is heating the political debates in the post-Easter Tragedy situation.
From the Wilpattu Recusal one moves to the Kurunegala Gyn. Surgical alarm. The media, both formal and social, give increasing reports of the involvement of a gynaecological surgeon of Muslim ethnicity in what is a gravely criminal act, and if proved to be so deserving of the gravest punishment. There is a strange twist in the Police Performance in this matter. The surgeon was initially questioned on how he allegedly obtained a huge amount of undeclared wealth. If this is a justified Police Performance, why confine such a probe to a doctor of a particular ethnicity? Why not begin to question all those Members of Parliament about all their increasing and overflowing wealth? Will that be a breach of Parliamentary Privilege? Is the probe on such wealth not the field of the Bribery and Corruption Commission – with all its delays and escape games? What would the Police Spokesman tell about this?
More importantly, why do not the Police tell the public what aspect of this surgeon’s activities, apart from wealth accumulation, the CID is probing; whether it is under Emergency Regulations or Prevention of Terrorism Laws, or the larger issue of unauthorized birth prevention after Caesarean surgery?
The Police and the Health authorities should not try to have a Caesarean Recuse with their continuing silence on such an issue of social importance. Let the people know the truth, and sooner the better.
The Wilpattu Recuse has challenged the public faith in the Judicial Process; there is no room for a Caesarean Recuse on any prevented births of Sri Lankan children.
K.Anaga / May 31, 2019
I will no be surprised if all those who have taken refuge at Wilpattu complains of encroachment of animal into their territory and ask for guns to protect themselves.
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chiv / May 31, 2019
Lucien Thank You. Yes the guilty must be punished but then when was the last time we witnessed that in Lanka. Until proven a person is innocent. When the guilty are roaming in the hallways of our parliament , media and Monks are playing court . Take the case of the lady who was arrested for having “yellow clothes”in her house or the one arrested for wearing cloth depicting a “ship wheel”which apparently appeared as “Dharma Chakara” to our police. Now comes the caesarean myth. (we have to remember sterile pills and sweets of Ganasara in addressing this issue). Let allow the courts to do their job not the media, monks, Rathana and public. Talk about recusal. Recently the servicemen were found guilt by SC after almost TWENTY years, committing massacre in Mirusuvil. So in Lanka there is different set of Law for different communities. Now we are hearing how a judge and few in AG department have been busy in social media trying to upheld law.
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JD / May 31, 2019
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Thanga / May 31, 2019
It is said the law is an ass. It takes years and years for a case to be concluded successfully. By the time a case wounds through the courts, many judges would have come and gone. However, the lawyer gets paid for each appearance in the court by the client. If the case is related to land dispute the delay is atrocious. There is a joke about a lawyer who handed over his briefs to his son who just passed out as an Attorney at Law. That was the first appearance for the young lawyer and surprisingly he won the case. He rushed home to inform his father how he had won a favourable verdict in a case that dragged for 20 years or more in the court. On hearing what his son said the father was furious. He told his son “You have made a blunder, how do you think I built this family mansion, gave your sister in marriage with a fat dowry and funded your education, it is all from this one client! Now you have killed the goose that was laying golden eggs! The son stood flabbergasted! The moral of the joke is, if you want to make money and become filthy rich, ask for postponements and drag the case as long as possible!
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K.Pillai / May 31, 2019
Lucien Rajakarunanayake highlights problems by the born-again Lankan Judicial System.in {“Wilpattu Recuse & Caesarean Silence”}
‘Recusals ‘ have reached critical stage.
‘Conflict of interests’ is often given as a reason.
Is it really ‘Fear of the contract killer’?
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Good Sense / May 31, 2019
Aye! Aye! Lucien. Take all three branches of Government, namely, executive, legislative and the judiciary, are there any men or women who would perform their duty, in other words exercising the sovereign power of the people, without any fear or favor? Oh! No! Those wonderful days are gone forever. Judges’ promotions, etc. is the prerogative of the Constitutional Council and under the current setup an Aye from the PM is an Aye by the CC. The premier is heavily dependent upon Rishard the great for his survival. Hence in reality no judge cannot embarrass Rishard. So if Rishard is in the wrong side of the law the best course of action is to RECUSE. The alleged genocidal doctor is supposed to be the keeper of Rishard’s wealth. So the doctor will not be found guilty that easily even if there are hundreds of witnesses against him.
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Ranjith(SPRRW) / June 1, 2019
Our forest cover specially in north & east may see light at the end of tunnel soon as our parliamentarians will approve no confidence motion against minister Badudeen It seems. If it is so Minister might have to started singing his swan song in his political carrier as opposition might not seek his party assistance in upcoming any elections in future. UNP may follow suit as per younger generation of UNPers facial expressions.That may be good news for recently married Sinhalese & Tamil couples as well. Evil Muslim doctors activities in hospitals may be scrutinized by supporting staff very closely it seems or services receivers may oppose recruitment of Muslim doctors to their hospitals unless show good track records.On top of that general public started pressuring Muslim businesses in big way forcing them to be adhere to general traditions of our societies not becoming slaves of Arabic Muslim beliefs & traditions. If Island-wide rioting occurred like in 1983 july Adjustments of Muslims attitude toward nonbelievers might have changed for good for both parties I suppose.Such rioting is the necessity nowadays I suppose for existence or nonexistence of Islamist in this Land with the others.
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Chitra / June 1, 2019
Paranoia has turned Sri Lankans into gossips and accusers. There is plenty of negative news items about Muslims circulating in social media, deliberately organized and spread by Islamaphobes, who seem to have been ready to unleash this fake news, to frighten the Sinhalese people, and lash out at ALL Muslims, which we have seen.
We have come to an unfortunate situation, where it seems our investigating officials have no clue as to how to react to such wild rumors, and malicious lies. Terrorists must be severely dealt with, but innocent Sri Lankans should not be subject to this humiliation, and fear. The lady who was arrested for wearing what seemed to be a Buddhist symbol, should have been released as soon as it was proved it was not what it seems. In Islam Muslims are not allowed to wear religious symbols of any kind.
This is much ado about nothing. The woman was ignorant of what she was wearing, it was after all the wheel of a ship. She should have been released immediately.
Sri Lanka has become a ridiculously paranoid place.
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Leonard / June 2, 2019
Chithra
You must so frustrated with you superior intelligent see so much ignorance around you. Seen that you so versed in every subject admitting been a another that you would called a ignoramus like you too clarify one thing about the Islam the peaceful religion which complete opposite of barbaric Judea Christianity. I’ve seen another one you would certainly class as a ignoramus Professor Dawkins famous atheist keep asking the peace loving Islam apologist this silly question “What is the punishment for Apostasy in Islam” which estimated to be around 1.8 billion Muslims and say 90% of the follower’s are peaceful.
Ah! by the way that only leaves very small minority hand full one start counting will only take 100 days count 180 million radicals ( this is a extreme conservative figure). By the way who are hell bent on destructing western way of life that you and I are enjoying now. How many that took to kill 257 Sri Lankans you can do the math’s better than a ignoramus like me to how much damage 180milion can do. So don’t be concern its all good.
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K A Sumanasekera / June 1, 2019
UNP Rebel Dr Wijedasa wins LKR 500 Mil from Lake House as damages for defamation.
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Although Lake House engaged the best Gun Lawyers in Colombo. they couldn’t “recuse” Dr Ranil and Nephew Ruwan’s big Divis and Bonuses this year..
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Talking about recusing the Muslim Gyno ,apparently the alleged Wilpattu destroyer’s Party sacked the Gyno before the Election in 2015.
That is what the statement from Minister Bathudeen’s Political party says.
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But the best comes last.
According to the same statement it was Dr Ranil and his Buddies who made the Muslim Gyno a priority paid UNP Member .
And gave him the Ticket to contest from Kurunagala.
No wonder Dr Ranil’s mate the Dental Doctor is hell bent on recusing the Gyno, by threatening the Director of the Kurunagala Hospital.
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Wonder whether any of those women whose falapean tubes got snipped voted for the Gyno..
But then UNP supporters don’t go to our Public Hospitals .. Do they ?..
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chiv / June 1, 2019
I hear MR is planning for some more surprises in Hambantota too, before the end of holy month.
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