(Lanka-e-News - 29.Nov.2017, 11.55PM) The two shameless unscrupulous appeal court judges Lakshman Tikiri Bandara Dehideniya and Shiran Gunaratne deflowered the sanctity of justice in broad daylight by delivering a most atrocious verdict today (29) in the case against notorious ex defense secretary Gotabaya Rajapakse .These two judicial villains issued an interim restraining order to immediately halt the legal action that is being taken under the Public Property Act against Gotabaya who robbed Rs. 91 million of public funds to construct a mausoleum for his dead parents . This court order also averted the arrest of Gotabaya until the 6 th of December .
This rudely shocking interim restraining order was issued following a writ petition filed by lawyers , Sanath Wijewardena and Romesh De Silva on behalf of Gota. The application prayed to issue a writ declaring the B report 60485 / 4/ 15 based on the public Property Act submitted by the ASP to the Galle magistrate court as null and void.
The petitioners alleged that the expenditure of Rs. 91 million of public funds to build the late D.A. Rajapkase mausoleum was a civil transaction involving the D.A. Rajapakse foundation and Land reclamation and development Board, and the ‘crime’ therefore cannot be considered as coming under the Public Property Act.
We say this decision is a clear gross miscarriage of justice and a sordid deflowering of the sanctity of the law not without reasons……
It was obvious even before the petition was presented , the two judges had decided to issue the restraining order and the verdict in favor of Gota.
The primary ground which substantiates our allegation is, the sum of Rs. 91 million of public funds which was ‘misappropriated ‘ to build the mausoleum by Gota is what belongs to the Land reclamation and development Board of the government , and there is no other private sector partnership in that. In other words all those are public funds pure and simple. Besides , mind you , it is no less a person than the Attorney General (A.G) who had given unequivocal instructions to file the case under the Public Property Act . Hence legal luminaries and experts who are shocked by this gross perversion of justice said , the appeal court cannot change that directive before the case has come up for trial.
The second ground is , only after the case is taken up for trial in the lower court and during its proceedings it can be determined whether the case is coming under the Public Property Act or not, and not by the appeal court ahead. Hence this decision of the Appeal court is not only completely erroneous but also an absolute miscarriage of justice to all intents and purposes.
The eagerness of the two culprit appeal court judges to commit professional villainy had outrun their sureness for obvious reasons. If this sordid procedure is to be followed by judges , no lower court will be able to conduct trials in Sri Lanka .The appeal court is there to review decisions of the lower courts , and not to muddle up everything like in this instance, and overturn the lower court procedures.
The third ground : This petition was filed yesterday , and was heard today itself to give this judgment in an unholy haste when the whole country and the world are aware of the lethargic nature of our court activities with cases languishing in dusty corners for many years. Usually, petitions take at least a month to be decided , but Gota’s was an exception. Before one could say ‘Jack’ Gota was back at home like a culprit mouse having escaped from the trap. It cannot be forgotten , it was the same unscrupulous judge Shiran Gunaratne who exonerated Duminda Silva alias kudu Dumiya of all charges via a unilateral Kekille court decision in the multiple murder case in which Dumiya faced charges of murdering six individuals.
In addition needless to reveal here, who brought political pressures to bear on this case, because it was no less a person than minister Sarath Amunugama who is currently on a tour of Korea with president Maithripala Sirisena who said after convening a media briefing on the 27 th that Gotabaya had not committed a crime under the Public Property Act , and he is not a rogue.
Today , two days later , the two Kekille court clowns alias appeal court judges have indirectly echoed the same sentiments in their sordid judgment.
The knowledge of law of Amunugama who gave the ‘verdict’ before the court decision , became very manifest when his notorious promiscuous mistress was induced to illegally contest elections while she was a dual citizen , only to be subsequently thrown out from even her parliamentary post .
Lanka e news always first with the news and best with the views , which reveals the truth come what may fearlessly , frankly and forthrightly reported on the 23 rd , for the first time that , while the AG has given an order to arrest Gotabaya , at the request of Medagoda Abayatissa and Ithepana Dhammalankara , it was president Sirisena who had given a directive to halt the arrest.
Incidentally , it was Maithripala Sirisena’s own national list M.P. Malith Jayatileke who made the shocking disclosure in his book that Maithri within a few days of his becoming the president on UNP votes held secret discussions with Gota at his Paget Road residence in the night , after extinguishing the lights.
Earlier on too the Supreme court issued an injunction order against the arrest of Gota in connection with his criminal involvement in the massive MiG jet fraud . All these instances and more clearly prove that the judiciary of SL abjectly sways and stoops before the powerful crooks no matter how corrupt they are , even if those criminalities are confirmed beyond any doubt. Unless this disgraceful scenario in the country in which the powerful criminals enjoy impunity , and not only have their say but even their way changes , even the highest in the hierarchy engaging in corrupt activities is not a matter for surprise.
It is for the 6.2 Million people to decide now , whether are they going to still permit crooked and corrupt Medagoda Abayatissas , Amunugamas, Dehidenyas , Gunaratnes and Rajapakses to circumvent the laws with impunity and flourish at the expense of the country ?
by (2017-11-29 21:54:06)
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I hope this does not happen with the 27 murdered in Welikada where this "Hero" is among the
primary accused as per Com. Reports?
-- by punchinilame on 2017-11-30