Sri Lanka - Court to hear Anoma`s case

  • 17 Mar 2010 06:37:21 GMT

    [http://news.bbc.co.uk/2/hi/south_asia/8570065.stm]

  • 17 Mar 2010 08:37:52 GMT

    Dear all,

    The military tribunal has already become a joke. Here is what happened today.

    The military tribunal against Gen. Sarath Fonseka that met today decided to put off the sessions indefinitely. The same Army officers who participated as judges yesterday participated as judges today as well. When counsels representing Gen. Fonseka raised objections the judges suddenly decided to put off the hearing stating they would have to consider whether the tribunal could be continued.

    Maj. Gen. H.L. Weeratunga as president and Maj. Gen. D.R.B. Jayatilleke and Maj. Gen. A.L.R. Wijetunga who appeared as judges yesterday participated in the case today as well. Yesterday Gen. Fonseka`s lawyers objected to the tribunal stating Maj. Gen. H.L. Weeratunga, the president of the tribunal was the brother-in-law of the present Commander of the Army, Maj. Gen. D.R.B. Jayatilleke was an officer who had been demoted for an offence while Gen. Fonseka was the Army Commander and Maj. Gen. A.L.R. Wijetunga had been found guilty of an illegal tender dealing.

    The president of the tribunal stating it was necessary to decide whether the panel of judges could continue the case suddenly put off the hearing indefinitely and left the court.

  • 17 Mar 2010 12:31:44 GMT

    [The military tribunal has already become a joke.]

    What a mess (well, the hearing was held in a mess).

    Makes you think of piss ups and breweries!

    [The funniest thing is that the Army arrested Gen Fonseka and keeping him in Detention in a Navy Camp. ]

    There is some logic to this. There are pro and anti Fonz camps in the Army. The last thing you want is for some army hothead to start a coup with Fonz`s backing.

  • 17 Mar 2010 13:51:31 GMT

    [There is some logic to this. There are pro and anti Fonz camps in the Army. The last thing you want is for some army hothead to start a coup with Fonz`s backing]

    Why don`t we look at the other side too. Fonseka was not the most popular officer in the army. An anti-Fonseka element in the army could have attempted something nasty on Fonseka and MR would have been held responsible for it.

  • 17 Mar 2010 22:45:37 GMT

    The military tribunal no doubt is turning into a joke. The Panel comprising the Military Court know nothing about law and are very likely not having any court room experience in sitting in adjudication or litigation and must be fully foxed when competent legal professionals hammer out the legalities in legal jargon!!

    As I see it the arrest was procedurely illegal as it had to be carried out by the police rather than the Military Police as SF was a civillian at the time of the arrest and the MP has no authority to carry out an arrest of any civillian.

    On the Habeas Corpus application the question would be whether the detention stemming from an illegal arrest is also unlawful and illegal?

    There seem to be justifiable grounds to keep SF in custody going by the charges framed which are per se are substantiated by the prosecution with the evidence they have and the witnesses they have which all remain to be challenged by SF and his team.

    If it is held that the arrest was unlawful and so a detention under that unlawful arrest is also automatically unlawful then SF would be walking away free may be to be arrested again, the correct way!!! Otherwise it may also be seen that eventhough the arrest was unlawful the detention is lawful and SF would remain in custody. Letswait and see!!!

  • 18 Mar 2010 05:01:25 GMT

    Isuru, son of Justice Balapatabendi and husband of Chief Justice Asoka Silva`s daughter was appointed second secretary to the Sri Lanka embassy in the Netherlands where his wife is currently studying. Both live in a house funded by the SL government in the Netherlands.

    MR cancelled an official tour to the Netherlands by senior members of the Attorney General`s department to study international laws related to terrorism, and asked the Chief Justice to travel to Netherlands instead, accompanied by Justice and Law Reforms Minister Milinda Moragoda to enable the Chief Justice to visit his daughter - all expenses paid.

    MR has appointed the husband of Shirani Bandaranayake as the Chairman of the Sri Lanka Insurance Corporation.

    If this country `Judiciary system` and `Executive system` are connected to each other very strongly by this way, my question is `How can we expect impartial judgments from our judiciary system` .This is a ashme to `Srilanka`.I am very sorry for the poor litigators who are expecting ` Justice, and ultimate solutions, from the Judiciary System of Srilanka`.I believe as there is no proper judiciary system in Srilanka make this country to `To days`s Level`.I cannot see `Power Devolution` in this country .As the situation is this it is not a surprise to see that `Human Rights violations` in this country, because Judiciary is well connected with Executive.When a `Supreme court judge`s family members getting lucrative political appointments with high pay and bonus trips by the Executive president like this, I cannot believe `All the people are equal before the law and have the equal protection of the law can be esteblished` in this country.This is a very good example to prove that this country has no law and the president is controling the entire `Judiciary` system.This Executive Presidential System has to be changed very soon, otherwise this country may be a `Blood Bath`.

  • 18 Mar 2010 10:28:42 GMT

    DONP

    Since when you took over the job of Tennesion Cooray????

  • 18 Mar 2010 18:09:52 GMT

    [Tennesion]

    you are making two many spelling mistakes for a sixth generation Royalist.

  • 19 Mar 2010 01:12:20 GMT

    Sagarayakmeda

    [If this country `Judiciary system` and `Executive system` are connected to each other.......]

    I reckon you are stressing the concept of Separation of Powers between the Executive, Legislature and Judiciary. No where in the world is this ideal concept of Dicey`s found. In England the Lord Chancellor sits in the House of Lords ( Upper Chamber) while presiding in the House of Lords Judicial chamber as well. In the US Supreme Court judges stand for election to office. In Sri Lanka all judges from the High Court and above are appointed by the President.

    The issue is whether after appointment the judges are impartial. President JRJ had appointed his family lawyer Neville Samarakone as CJ expecting Neville Samarakone to be partisan towards the JRJ government but he stood to be impartial and was held in esteem by members of the legal profession as a strait judge and JRJ had even got the houses of some Supreme Court judges stoned because of them not bein partisan to the government.

    Accusing MR of having sent CJ Asoka Silva instead of a team of lawyers from the AG`s Dept could also be viewed differently. Instead of sending a team at a higher cost why not send the CJ????? Is there anything wrong in that????? The CJ could address the State COunsel from the AG`s dept and update them on what he gathered at the conference. Nothing lost but everyone stands to gain.

    [MR has appointed the husband of Shirani Bandaranayake as the Chairman of the Sri Lanka Insurance Corporation]

    A far as I am aware Justice Bandaranayake`s husband is an Attorney-at-Law by profession and was also either a magistrate or District judge at one time. So why is he unsuitable to head the Insurance Corporation?????

    [I cannot see `Power Devolution` in this country]

    Power has been devolved for all to see! Aren`t you aware of the Provincial Councils, Municipal Councils, Urban Councils, Pradeshiya Sabhas etc etc. They are all the result of `Devolution of Power`. Can you say that all government administration is done by the central government and that there is no devolution of power????? If that is in fact your claim please substantiate.

    On the issue of Justice Balapatabendi`s son being appointed to the SL mission..... are you claiming that he is an unqualified unsuitable individual??????

    MR may appoint these people as did JRJ with the hope of controlling the judiciary but what has to be seen is these judges giving judgments disregarding the principles of law. Can you say that has happened in any of the judgements given by Justice Asoka Silva, Jstice Bandaranayaka or Jusitce Balapatabendi????? If so mention what those cases are.

    As far as I am aware Justice Balapatabendi is a carreer judge having joined as a magistrate and then risen up in the ranks during the last 25-30 years and amply knows the values of the independance of the judiciary.

    Cont....

  • 19 Mar 2010 01:21:33 GMT

    Sagarayakmeda

    ...cont

    See how fearlessly and independently the magistrates in the country are functioning?????? Are you aware of the fearless orders given by the magistrates of Anuradhapura, Colombo, Mt.Lavinia, Matale etc etc in relation to politically sensitive cases in the near past?????? For you to say that MR is controlling the judiciary is a complete contradiction in view of the fact that these magistrates have virtually slapped MR`s politicians and the police in the face.

    So instead of blindly casting aspersions on the judiciary and judges see how they act. If the CJ or any other SC judge whom you claim to have received favours from MR acts contrary to the principles of law and appears to be favouring MR and the government, do not worry, there will be enough and more members of the legal profession, not to mention the many other members of the public, who will come out on to the streets and protest and see that justice is done.

    The Executive presidency may have to be changed. SOme say yes some say no. Both propose valid arguments. The EP has it`s pros and cons. If the pitfalls are more than the gains then it has to go. More than the executive presidency what has to go is the system of Proprtional Representation ( The Manapa system) That is where we see the `blood bath` today. Candidates within one party are killing each other which was never seen before. Before the EP is sent packing the Manapa system has to be chased out. Wouldn`t you agree on that??????