(Lanka-e-News -04.June.2016, 8.20AM) Gangodawila magistrate Kanishka Wijeratne turned the laws of the country topsy turvy and perverted the sacrosanct course of justice by granting bail today in a non bailable offence committed by robber judge Thilina Gamage the notorious Elephant rogue . This the first time in legal history of Sri Lanka and the world such a perverted verdict was delivered most disdainfully disregarding the rules of law ,legal norms and precedents .
When a judge is expected to grace and exalt the bench , this judge Kanishka on the other hand disgraced and insulted the bench most contemptuously to the dismay and disappointment of all law abiding citizens , and the legal circles ! Kanishka Wijeratne delivered this verdict as though he was determined to blacken justice cruelly and most ignominiously ,in order to call himself the world’s greatest record breaker in delivering ‘black’ injustice verdicts.
How Kanisha Wijeratne shamelessly disgraced and insulted himself and the judiciary ……
The accused Thilina Gamage the Elephant rogue was issued notice by the CID to report and make a statement in connection with illegally holding an Elephant captive on a fake license . It is 22 days ago as at today this notification was made to Thilina by the CID. Yet Thilina uncaringly ignored the notification and treated the laws with utter contempt despite being a judge.
Ten days ago, the Colombo magistrate court issued an order to Thilina Gamage to report to the CID and record his statement. Even that court order was brushed aside by Thilina , and he remained hidden for the last ten days.
Thilina who was playing hide and seek with the law and sacrosanct justice was sent on compulsory leave by the Judicial Service Commission (JSC) . Thilina who behaved thus like an elusive underworld criminal who was chased after by the police appeared in court today. Hence , granting bail today without considering all the illegal conduct of his and contemptuous treatment of court and legal processes , is to say the least absolutely wrongful.
Even after a legal luminary pointed out , since the accused Thilina and judge Kanishka are bosom pals (who are like two fashion junkies wearing the same jungi (pants) in turns , stench notwithstanding) , it is unethical for Kanishka to hear the case of Thilina ,Kanishka yet chose to hear this case.
Thilina filed an application for anticipatory bail before the Gangodawila court earlier , and it was taken up for hearing today .On the 30th of May when it was taken up for the first time , Kanishka the bosom pal of Kanishka inquired from the CID twice whether Thilina is a suspect in this case ?
The CID pointed out since it will be unethical to hear the case all of a sudden without a statement being recorded of the accused Thilina Gamage , it is best the advice of the Attorney General is sought because Thlina cannot be named as a suspect at once merely based on investigation alone without recording Tihilina’s statement. The CID based on AG’s instructions elucidated to Kanishka , Thilina Gamage must first arrive at the CID and make a statement in accordance with the directive issued by the first court , and only thereafter he can be named as a suspect .
It was the aim and objective of the lawless pro MaRa gang including Kanishka Wijeratne to make the accused appear in court direct and to grant bail to Kanishka’s bosom pal , without the accused going to the CID in which event the accused will have to be taken into custody. The true legal position is , before Thilina Gamage is named as a suspect he cannot appear in court direct and such a suspect should appear before the police first. Nevertheless , such an individual can get anticipatory bail without being named as a suspect.
It may be true these two fudging judges are such close fashion junkies that they wear the same stinking jungi in turns , but that does not mean they can singly or jointly make the court also to stink owing to their criminal intents to subvert the course of hallowed justice .It should have been clearly understood by Kanishka Wijeratne , this being a case under the Public Property Act , the magistrate court cannot grant bail.
Kanishka questioning whether Thilina is an accused from the CID for the second time led the CID to entertain the belief that Kanishka might take action to grant anticipatory bail to his criminal counterpart . The CID therefore through a motion filed in the Gangodawila court , informed Thilina is a suspect. The CID having cogent and copious supporting evidence had obtained the Attorney General’s advice too.
Kanishka as the chief magistrate ought to have taken into consideration two salient facts :
1.The accused is a suspect in a Public property Act case and
2.The accused has been evading the law enforcement authorities .
Under these circumstances bail cannot be granted.
Yet Kanishka standing on his head granted bail to his bosom pal tossing the sacrosanct laws of the country overboard.
During the proceedings , pro MaRa bootlicker Ali Sabry the lawyer for Thilina the rogue argued , if Hirunika ( not at all relevant to this case) was granted bail why shouldn’t Thilina be also granted ,and since Thilina has a license in regard to the robbed Elephant , this case does not come under the Public Property Act. Kanishka however did not take into account the fact that Hirunika was not a suspect in a Public property Act crime.
State Counsel Dileepa Peiris who represented the AG’s department and CID raised his objection primarily against Kanishka for taking up this case for hearing on the grounds that the accused and the judge are very intimate friends. Despite that objection , Kanishka who has no self respect or respect for his own profession unethically and shamelessly took up the case for hearing.
The CID and AG explained , truly .the question that has become an issue to the culprit Thilina is the supposed ‘Ali license’ in the possession of Thilina as Ali Sabry claims.
The phony elephant license of crooked Thilina came to light first some time ago when the former Auditor General Ambanwela (victim of acid attack) did an auditing regarding wild life , and prepared an audit report..
It was revealed therein , there is no elephant license that can be called as that of Thilina Gamage, and an agreement pertaining to the purchase of another elephant has been deceitfully changed into that relating to the purchase of the elephant of Thilina. That is ,there was no elephant that has been purchased by Thilina.
Based on he investigations conducted by the CID , it is revealed, the imaginary elephant supposedly purchased – that is the elephant whose birth was changed to make it Thilina’s elephant had been purchased from one Chandraratne Bandara Yatawara who had been a servant in the house of a cousin sister of Thilina.
When CID questioned Yatawara , he stated , ‘Aney Sir. I am one who hasn’t the means to feed a cat let alone an elephant. I am a laborer , and I am only living on that income’
The elephant license Ali Sabry told in court as belonging to Thilina is that ‘license.’ It is such a ‘license’ ( phony document) Kanishka Wijeratne who pulled the wool over the eyes of the law accepted as a lawful license.
Under section 22 of the Wild life and Flora Act , the elephant without a license is counted as an elephant robbed from the forest and as belonging to the forest . Therefore it is part of the Public property .
The most deplorable part of this unlawful drama staged by Kanishka Wijeratne who is Gamage’s (mango friend) bosom pal unfolded when despite the CID and even Attorney General’s department were vehemently and vociferously proving for two and half hours that there is no valid license for Thilina’s elephant and therefore , it has to be treated as a wild elephant and part of the public property , Kanishka paying no heed to the findings of the painstaking investigation of the CID , as well as AG’s department , decided in favor of his bosom pal and granted bail to Thilina.
Now, the most crucial question following this lopsided decision is , if Thilina’s elephant is not part of the public property , how did the elephant of Uduwe Dhammaloka become so? because the elephants of both rogues don’t have valid legal licenses. Just because the lawyer for Thilina is ‘Ali’ (elephant) (Ali Sabry) and not ‘ Koti’ by name ,did that give Thilina the edge over Uduwe Dhammaloka in this case ? Have the laws of the country been reduced to such ridiculous and ludicrous level because judges like Kanishka exist in our judiciary ?
The worst part ! While the right to file indictment belongs to the AG , and he has stated the crime comes under the Public property Act , how can the magistrate say , it is not? Is Kanishka above the AG to interpret the laws according to his puerile whims and fancies? By that same token , does it mean the magistrate has the powers to say , a Terrorist who is charged under the Terrorist Prevention Act , as not a terrorist and grant bail?
There is another reason that bears out the belief that this is a conspiracy hatched by Kanishka to grant bail .
It was about 6.40 p.m. when this hearing was concluded , and Kanishka ordered that Thilina can be released on a cash bail of Rs. 500,000.00 and four surety bails of Rs. 2.5 million each. By 7.15 p.m. Thilina fulfilled all the bail conditions , and he left in a Van that was brought into the court premises. If these bail conditions were fulfilled by 7.15 p.m. on a verdict delivered at 6.40 p.m. , it is obvious Thilina Gamage was aware well ahead of the bail conditions Kanishka was going to impose . When Thilina boarded the Van, he told a friend of his nearby , “See how I made a fool of the CID and the AG”
Thilina Gamage arrived in court masquerading as a lawyer. Lawyers who are eye witnesses said , he was hiding in the judge’s chamber of Kanishka until the case was called up. Kanishka however denied it .
The case is to be heard again on 6th of June.
When calves are born to domesticated elephants they have a date of birth and are registered. Dates of births of calves of Elephants born in jungles are unknown and are not registered.
It is a well and widely known fact that elephants that are not registered anywhere are those calves captured from jungles after killing their mothers. Bogus birth certificates have to be made for them . The elephant that was in the possession of Thilina Gamage was such an elephant calf. Such calves can be treated with care and kindness only by civilized humans with legitimate births. Kanishka on the contrary proved beyond doubt that he is an inhumane human of illegitimate birth when he treated an innocent elephant calf that cannot speak as a toy elephant in order to save his intimate but criminal friend.
During the barbaric brutal era of the ‘nefarious decade’ ,laws were compromised most atrociously to please relatives and friends .Today ,however we have as civilized beings come a long way having developed the laws in the direction of justice in accordance with mother nature to a great extent .
It is very unfortunate barbaric brutes like Kanishka Wijeratne despite being a judge (or is he? ) have today overturned justice unconscionably and maltreated laws to please friends. This is the lawlessness that became entrenched and deeply rooted during the deplorable despicable ‘nefarious decade’
It is that lawlessness which was defeated by 6.2 million people on 8 th January 2015. Yet , the gangs and gangsters of lawlessness promoted and propelled by the Rajapakses are today in a position overriding the 6.2 million people, even killing their aspirations and hopes , and brazenly deriding justice and fair play .
Sadly, barbaric gangs like Kanishkas, Thilinas and Dadallages have made the Independent commissions appointed to dance their tune , and have made independence their plaything.
It is within the confines of the Gangodawila court jurisdiction the power of Kanishka who overturned laws and trampled justice exists . But the powers of the civilized law abiding masses extend far and wide to where civilization began and spread.
Kanishka who decided today that the robbed elephant of Thilina is not part of Public property , will no doubt decide tomorrow ,another public property as not coming under the Public property Act , and deprive the country of its public assets.
In the circumstances, the time is ripe now for the pro good governance masses and organizations that know about the extent of civilization ,take action without waiting until this shameless , clueless , unscrupulous judge disgraces the bench further and makes justice a mockery wholesale. They must rally together and come to the fore to remedy the dire situation. If the President and the Prime Minister are underestimating the powers vested in them by the people and are treating this grave conspiracy of the judges of the pro MaRa gang which surfaced today lightly , it will be better , as no harm will be done if the President and the P.M. hand over their duties to Kanishka and Thilina , pack up and go home.
It is time the president and the P. M. understand Kanishka and Thilina could muster such courage because of a minister who is like a serpent creeping into the ear while being on the body , and a President’s co ordinating secretary , a most notorious turncoat and a black coated shark who is best known for not only biting the hand that feeds him ,but also defecating in the place before leaving.
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by (2016-06-04 03:02:24)
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5 discussion on this news
this website has told a lot about pwadeniya and GMOA and doctors. ok. that's freedom of expression for journalists. but truth must be said at all times and no misleading.
why is there nothing about chathura senarathne? tere was a lot about namal, yoshitha, malaka, daham etc. is chathura good for you?
what we want is not a website praising doctors and blaming politicians. what we want is a site where the truth is said. I have never seen a single article praising doctors but so many surgeries are done each da and thousands of lives are being saved.
this will not be published I know. I think it is time for me to surf elsewhere more fair and justified.
-- by thusi on 2016-06-04
This turncoat "judge" must be dishonorably dismissed. Work on that please.
We do not have a public voice like yours.
-- by Indrapathy on 2016-06-04
I have high regard for your news site and it is doing a great service to the country than the politicians, I salute for that. But, please don't distract the focus of the government and people by giving high prominence to these types of petty issues and keep on digging them. After all its an elephant and it was taken and kept for the sake of love of the animal. The government cannot be 100% perfect overnight and let them focus on fixing the grave issues now please. .
-- by Alan on 2016-06-04
The government needs government officials to run a government, even at fault they cannot take legal action against almost all the top government officials. They have to ignore the minor ones, like this elephant taken away just to rare as a pet,and the government and the journalists need to focus on the major issues.
-- by alan on 2016-06-04
Mr. Sarath Silva appointed Mr. Thilina Gamage as a magistrate because he gave Land Reclamation land cheap to four judges including the present Chief Justice. Mr. Thilina Gamage was appointed by Mr. Dinesh Gunawardana who did not take any action when he assaulted another Board Member of Land Reclamation.
-- by Nalin on 2016-06-07
