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BASL in writing requests immediate investigation against erring Gangodawila judge Kanishka !

(Lanka-e-News -07.June.2016, 10.30PM)  The Bar Association of Sri Lanka (BASL) through the Judicial Service Commission (JSC) has sent a letter to the chief Justice (CJ) requesting him to conduct an investigation immediately into the flagrant professional misconduct of Kanishka Wijeratne the Gangodawila magistrate responsible for grave miscarriage of justice ,and who  shamelessly insulted  the  judiciary including  the  entire legal fraternity  and the bench on a scale never witnessed before in the country ‘s history , in order to save a notorious robber judge  Thilina Gamage the Elephant rogue, based on reports reaching Lanka e news inside information division.

The BASL letter under the signature of its president Jeffrey Alagaratnam containing the request was received by CJ yesterday evening , LeN inside information division sources confirmed. 

The charges leveled against Kanishka Wjeratne most uncaringly and erringly   prostituted his official position  , and made the exalted legal profession look the oldest but most frowned upon profession in the world- prostitution ,by his shameless and disgraceful  official misconduct are hereunder …….

1. It is a well and widely known fact (the whole country  is aware) that Thilina Gamage and Kanishka the two judges are most close and intimate pals. Hence , Kanishka should have steered clear of this case based on legal ethics and norms , and during the proceedings the state counsel representing the Attorney General too pinpointed this in so many words. Yet judge Kanishka based on ulterior motives subverting the legal practices ,norms and ethics   , with the sole and whole objective of rescuing his elephant thief friend Thilina, undertook to hear this case himself and pass verdicts sending a wave of rude shock across the entire country. This professional misconduct is a flagrant violation even of the sacred oath he took when being sworn in as a judge .

2. Kanishka Wijeratne who showed special preference to Thilina the accused heard the case until as late as 7.00 p.m – something that had never ever taken place any day in any court in Sri Lanka.

3. Providing facilities to the  accused (elephant rogue Thilina) to hide himself ,by permitting him to  enter and leave court using the elevator  that is exclusively meant for judges.

4. Providing facilities to the gangs of  Thilina the accused to come inside  the court without  any  hindrances , and permitting them to freely appear within. Even the media at that moment objected to this.

5.Unlawfully allowing accused Thilina to go home free and come back on the following day to fulfill the bail conditions 

It is now unsure following these wrongful procedures and unlawful actions whether these facilities and concessions are going to be granted to the other accused too by this court in the future .  Besides , because the media had given immense publicity to these calculated judicial aberrations and corruption , the faith and confidence people repose in the judiciary  have been  eroded completely .

In the circumstances , we request  the chief Justice  to conduct  an immediate investigation against the judge through the JSC.

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by     (2016-06-07 17:23:35)

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Dear Readers, My humble input here is totally with no interest whatsoever for anything and not to prejudice any person but to be a part in another manner to facilitate the process of the protection of due administration of justice in our society. 1. It is well said by the Learned Lawyer who appeared for Thilina Gamage[in the bail application] and made the media statement within the Gangodavila Magistrate’s Court premises that Thilina Gamage bought the elephant legally. Very good, now it is time to call Thilina Gamage’s Declaration of Assets and Liabilities(DAL) Form [annually declared by the judges and all public officers/servants including Thilina Gamage ] to the Commission to Investigate allegations of Bribery or Corruption from the Secretary of the Judicial Service Commission under whose custody the document is kept, before it is too late and before it is also altered/tampered/tinkered by someone, [like manner of the elephant permit] because that will definitely prejudice to Thilina Gamage if he has bought this elephant for 6.9 million rupees or whatever the amount spent and yet it should have been declared in his DAL and if somebody rip it off from the records then Thilina Gamage shall be charged for not making or making a false declaration and/or for not declaring true assets in the DAL which is a punishable offence under the Bribery Act 1994. 2. It is also revealed that there were two criminal cases pending against Thilina Gamage in the very same Magistrate’s Court where he got bail. The last hearing said to have been taken up in somewhere in the year 2006/7 and that it was just a couple of years before Thilina Gamage was taken to the Judicial Service of Sri Lanka by the then Judicial Service Commission (JSC) headed by the then Chief Justice Sarath N Silva. Now it is time for the present Chief Justice and the Judicial Service Commission to look into the details of those cases for the good name of Thilina Gamage because anyone who applies for a post in the judicial office shouldn’t be a person with any prior criminal history. However, there is enough news on public media not only in Sri Lanka but all over the world that Thilina Gamage has threatened with a firearm in his possession to some public officers at Pinnawala Elephant Orphanage over the same issue. I do not know whether or not the IGP call for a report on this issue to see whether he possesses a license to carry a firearm. Even the JSC has to take judicial notice of this matter as a serious issue since the alleged behavior is by one of their judicial officers who has acted in a manner that bring the dignity of the entire judiciary to disgrace which itself amounts to be dismissed from the judiciary in terms of the special JSC Circular which deals with the disciplinary process of the judges. Absconding from the accepted legal process of the country for any type of offence is also a serious offence when it is committed by an ordinary citizen and yet it becomes more serious when it is committed in daylight by a person who is appointed by the JSC to punish such offenders. 3. People doubt whether or not the JSC headed by the Chief Justice of this country is aware of these ? 4. The unaccepted, unethical, illegal, and dishonest way of dispensing of official/judicial duties by Gangodavila Magistrate Kanishka Wijerathna cannot be considered lightly. The act itself warrants the JSC to take immediate actions against him to suspend from the office. 5. Magistrate Pilapitiya’s comment in open court regarding the letter sent by Chief Incumbent of the Asgiri/Malwathu Sect and acting in terms of the said letter itself an act of putting the entire judiciary to disrespect. Any action over this by the JSC? The Secretary of the JSC in good old days did not tolerate this type of behavior by the judges, yet it took to the commission by its own motion and took immediate actions to send the responsible judicial officer home.[ the special JSC Circular which deals with the disciplinary process of the judges] 6. This is a time where the international eye including that of UN is to introduce a Hybrid Court in Sri Lanka to deal with special cases and will not be surprised if they suggest the whole judiciary to be such owing to what is happening in the judiciary as we see in these scenarios. 7. The people of this country at least and roughly about 20 million are looking at the move that will be taken up by the Judicial Service Commission and by the Chief Justice as the head of the Judiciary over these issues for the sake of the independence of the judiciary and for the safeguard of the good name of the other honest and hardworking judges with in this country which includes the Magistrates, District Judges, Judges of the High Court and Court of Appeal and the Judges of the Supreme Court, including the post of the Chief Justice of the Democratic Socialist Republic of Sri Lanka.
-- by Independent Jurist on 2016-06-08

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