(Lanka-e-News -12.Nov.2016, 11.45PM) Infamous RADA rogue Tiran Alles who was remanded on the 8 th was released within 24 hours and sent happily home discarding the country’s laws that are in operation in Sri Lanka(SL) since 1883.
The two judges responsible for this outrageous travesty of justice are Lakshman Tikiri Bandra Dehideniya and Ms. H.C.J. Madawela of the appeal court.
In 1833 , the white colonial rulers , introduced the criminal justice system into the country’s legal system. Since that day , no case involving charges pertaining to public property has been heard unilaterally without the State’s Attorney General (AG) as a party to it.
The revision application presented to the appeal court to review the order of the high court to remand Tiran Alles was examined by the two judges aforementioned on the 8 th , without the AG’s representation . Mind you , not only the AG even the police were absent.
What is most perplexing about this verdict is , the revision application was made on the 7 th , and that being taken for hearing on the 8 th itself. This application was made by Romesh De Silva the lawyer for Alles secretly. Even the media of Alles did not report this.
The appeal court delivered the notice by hand to the AG’s department.
If the AG cannot be present on the following day for trial , the case ought to be put off for a day when the AG can be present. This is because under the Criminal justice system, since 1833 without the presence of the AG , public property criminal cases cannot be heard unilaterally.
This is not just a case pertaining to a crime ,but a revision application relating to the release of an accused in remand custody charged with a crime involving public property . Under such circumstances nobody can hear this case in the absence of the AG.
Leave alone the prevailing laws since 1833, under the Bail Act , an accused charged with robbery under the Public property Act cannot be granted bail under any circumstances while the case is being heard. The verdict delivered by a five judges panel of the Supreme court (SC) clearly stated that the bail Act has no relevance in a case in which the accused is charged and the case is filed under the Public Property Act, and the accused cannot be granted bail. It also emphasizes that if bail is to be granted to such an accused , there should be special circumstances in support , and the permission of the AG is necessary.
That is , without the presence of the AG , Tiran Alles’ case cannot be taken for hearing . Besides, since the AG has filed his submissions in the case that is being heard in the high court , a revision application cannot be heard without AG’s presence.
Strangely or insanely , the two judges, Madawela and Dehedeniya ignoring all these legal grounds and making a mockery of justice , released Tiran Alles. Something never heard before in the sane world. In other words , these two judges of the insane world have gone as far as to give a directive vacating the order given by the High court , leave alone the order releasing the culprit who was in remand on bail .Therefore Alles the culprit who was incarcerated went home free without bail conditions being tightened or loosened.
Tiran Alles who was produced before the appeal court on the 7 th , after the case was heard even before 24 hours could elapse went home on the same day (noon) to have his lunch after obtaining a fiscal order .
When Lanka e news made inquiries into this as to why these two judges stooped this low, it was learnt , it is because Romesh De Silva hoodwinked them by citing the bogus reason that this case is not being heard under the public property Act. Romesh had told , as RADA is not a State or semi government Institution , and is a private establishment , this case does not come within the Public Property Act.
This is not an inquiry that relates entirely to the appeal court because Romesh De Siva has to prove that beyond doubt in the high court where the case is now being heard. Tiran Alles was remanded under the public property Act in the case which is being heard and in which case no bail can be granted under the criminal justice system operative since 1883, based on a verdict delivered by the SC. Hence the appeal court had to focus on whether bail can be granted , rather than on the case that is already being heard in the high court and is not concluded yet.
It was president who appointed Tiran Alles as chairman and others as directors of RADA . Any fool knows a president cannot appoint chairpersons or Board of Directors to a private establishment . Such appointments are made by the president only to a government or semi government Institution . Besides , it was the general treasury that released so many millions of rupees to Alles the RADA rogue who misappropriated the funds which were granted to build homes for the Tsunami victims.
The funds granted by the general treasury are not funds of the government , nor are those funds of Dehideniya or Madawala or their mothers . These judges who acted this despicably must at least understand that first , and therefore should explain to the people why they indulged in such mockery disgracing the sacrosanct laws and their lofty profession .When a dog or a bitch is made to sit on a throne , the best thing it knows to do is defecation.
The deplorable conspiracy of the appeal court to release Alles the notorious RAD rogue and send him home in such an unholy haste was so egregious and diabolically manipulated that even the Daily Court list of the website which reveals the daily court proceedings did not report anything on the release of Alles who went scot free and made a beeline home on the 8th , while the reports pertaining to all other days were posted.
It was the erstwhile belief that Romesh De Silva was a clever lawyer , but now with this incident it is the general consensus , he is only a clever wheeler dealer who would resort to any unscrupulous and sordid activity driven by his inordinate love for filthy lucre. A true genuine lawyer of repute and who subordinates filthy lucre to his self prestige will give due respect to his profession and its ethics , and would have jointly with the AG battled it out in court to win legally ,rather than playing the role of a wheeler dealer putting through under the counter illicit deals . A genuine self respecting lawyer will never attempt to resort to hole and corner methods to secure one sided judgment sidelining the AG.
Consequently , Romesh De Silva shamelessly through dubious methods slyly circumvented the time honored criminal justice system which existed for nearly two centuries and was followed duly when hearing cases . He had moved heaven and earth to throw the sacred laws and the sacrosanct criminal justice system most un- ceremonially to the dustbin, instead of holding aloft the true judicial honor and values despite being a lawyer.
We deem that it is our duty as a news website which is reputed for fearlessly , frankly and forthrightly exposing the culprits irrespective of their so called ranks and status, to write a few words about the dishonor Romesh strived hard to bring to his own profession and his own dignity (if any is still remaining in him !).
This incident bears testimony that in present Sri Lanka nothing is impossible in courts as sale of honor is most widespread in that sphere, and is cheaply purchasable . All what a crook and a crooked lawyer must have is filthy lucre however earned. This is the certificate the courts displayed to the world disgracefully following this incident.
If the Judicial Service Commission does not take measures in this most deplorable episode to mete out punishment to these two shameless judges who have insulted the judiciary , and re build the image of the judiciary so that confidence can be reposed in it again , the civilized world is undoubtedly going to frown upon this and react most decisively and resentfully against these practices which are detrimental to the whole country . In other words our own malpractices and misdeeds are paving the way for foreign judges to hear cases here .
Translated by Jeff
---------------------------
by (2016-11-13 01:05:23)
 overturned to send RADA rogue home..! Insolent judges Dehideniya and Madawela insult the bench)
Read 58116 Times
Leave a Reply
2 discussion on this news
It can be concluded that the 3 involved would have got Rs. 10 Million each with ease!!!!!
What will BASL do? The Commission may not act. Will the Anti-corruption front
take this to Courts? The IC is watching every move and when MS is confronted
he will put the blame on his Ministers!
-- by punchinilame on 2016-11-13
This is definitely a black mark for the Sirisena administration. The kangaroo courts in the country are still thriving and all the swindlers are allowed go scot free. The saloon door has now been fitted to the remand prison. Thanks to the stupid judicial system. A tribute to the Minister of Injustice. A law should be passed to declare the wealth of the judges in the country to find out much bribes are being credited to them and relatives.
-- by Wickremaratne on 2016-11-13
