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kiwikanga
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Joined: Nov 2005
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  20 Sep 2007 11:08:17 GMT  Report for Abuse  
Rahula27,

The judiciary is aware of what goes on but a judge cannot introduce evidence to convict a person. Evidence has to be put forward by the two sides and it's on that the law is applied and the judgment given.

Before granting bail the judge must be satisfied that the reasons are genuine. The magistrate has also got to give due consideration if the Police object to bail. That is why the magistrate went to the hospital to see Malaka and thereafter in court went up to the ambulance to have a look to see the genuiness of Malaka's incapacitation. On both occassions the request for bail and hospitalisation was not entertained. As it was all bogus bail was refused. Had it been genuine the matter would have been referred to the High Court for consideration of bail as mentioned by figerRtucked.

Now the maigistrate's mother is supposed to have been threatened by Mervyn Silva and/or his goon squads for refusing bail. The judges are taking the matter up with the CJ and the ministry of justice.

This is what happens when thugs rule the country, law and order suffers political interference and results in a break down. This is just the beginning, Sri Lanka will very soon see total anarchy where lawlessness will be the order of the day.


Edited By - kiwikanga - 20 Sep 2007 11:13:38 GMT
SenaM
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  20 Sep 2007 11:50:27 GMT  Report for Abuse  
It would set a very bad precedent, if this man gets away 'scot-free'. Minimum sentence should be - a) 30 days in prison - hard labour b) all hospital expenses of the 'victim' and court charges / expenses to be settled by Malaka (or his father), plus an additional Rs 500,000/- paid to the victim, as compensation. And that pistol must be confiscated .. no further issue of a hand-gun to Mervyn. (He does not know 'how' to look after one .. his thuggish mentality will be brought down a 'peg' or 'two' .. if that were done. If Mervyn continues to carry an 'illegal' hand-gun with him, he will be liable to an offence under the Fire-arms Act).

nale
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Joined: May 2006
Posts: 5529
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  20 Sep 2007 11:50:27 GMT  Report for Abuse  
Why judicery is not looking into this aspect


Don't you know why?
This amounts to duplicity!
If you and your people didn't know about how your so-called legal system functions-you are also aiding and abetting the corrupt practices of the pariah state's rotten legal system-to put it mildly.

NAtional LEader/ELAN
Dewey
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Joined: Aug 2005
Posts: 4891
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  20 Sep 2007 12:43:25 GMT  Report for Abuse  
Interesting. Where can you see prisoners with their arms around jail guards? Only in SL. What a pathetic scene.
PachchaSira
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Joined: Sep 2005
Posts: 1549
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  20 Sep 2007 13:41:54 GMT  Report for Abuse  
Ajan,
Magistrate's husband to fix case unsuccessfully


Take your daily tablet man. She isn't even married. How come she has a husband?
PachchaSira
Senior Member

Joined: Sep 2005
Posts: 1549
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  20 Sep 2007 14:19:09 GMT  Report for Abuse  
Don't you think my
As dumb as an eelamist
saying is so true?


Yeah Baby !!!
laliths
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Joined: Mar 2005
Posts: 2815
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  20 Sep 2007 14:59:28 GMT  Report for Abuse  
FigersRtucked

Laliths

No magic in the ADJ/Magistrate refusing bail and remanding Malaka Silva. An ADJ/Magistrate does not have the power to bail out a person charged under the Firearms Ordinance. That has to be done in the High Court.


If this is the case why are these learnered Attorneys seeking bail?


Edited By - laliths - 20 Sep 2007 16:53:29 GMT
alwaysalion
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Joined: Nov 2006
Posts: 1644
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  20 Sep 2007 15:25:41 GMT  Report for Abuse  
Laliths, they may have been threatened.
To practice law in SL nowadays is a JOKE!
nale
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Joined: May 2006
Posts: 5529
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  20 Sep 2007 15:55:48 GMT  Report for Abuse  
Take your daily tablet man,she isn't even married.How come, she has a husband?


May be living in sin-that is-cohabiting!

NAtional LEader/ELAN

SenaM
Senior Member

Joined: Aug 2006
Posts: 1647
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  20 Sep 2007 16:04:11 GMT  Report for Abuse  
In some ways he is to be pitied .. father an 'ignoramus' and a 'thug' did not set him a good example. Instead of 'getting down' to study, and qualify himself for 'use-ful' employment .. Mervyn would have 'glamorised' his 'world' of thuggery and intimidation as the 'fit & proper way' for the son to 'succeed' in life.

Malaka looks confused as he holds on to the two 'prison' guards escorting him to Courts. He must be 'handed' a good, stiff sentence .. so that he can have some 'prison-time' to reflect on how his father 'helped' him get there ..


Edited By - SenaM - 20 Sep 2007 16:59:00 GMT
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