-Shame ! courts yielding to pressures of ministers-Galle court or Parana coat (worn out coat)?
(Lanka-e-News -27.June.2016, 11.45PM) Following the case of judge Thilina Gamage the elephant rogue , the people have become fully aware to what disgraceful level the judiciary has descended, and how partial and lopsided the verdicts delivered by the courts are . In the midst of this disgraceful state of affairs, yet another case that was heard in Galle court had further illustrated the mockery of justice and the deplorable lawless situation prevailing among courts in Sri Lanka. Indeed now justice is perverted so much so that even during the nefarious decade of the corrupt and crooked Rajapakse regime justice was not trampled this cruelly.
During the Rajapakse era the courts were pressurized by the Rajapakses themselves , but now the courts are yielding to the pressures of every rabid dog and bitch thereby making justice a travesty. This was borne testimony to by an incident that took place in the Galle court on Friday the 24 th. Galle magistrate Ms. Nilupuli Lankathileke remanded the captain, a Ukraine national , Granley Gauvrilow of the Avant Garde vessel containing weapons until the 5 th of July.
Though remanding an individual is nothing strange , the magistrate Nilupuli acted strange by releasing the Ukraine captain on the previous day (23) , and remanding him on the following day (24) in the same case on the same charges.
It will be worth spending a little time to check whether Nilupuli’s name has now found its way into the Guiness book of most ignominious records for making a mockery of justice on a scale never before witnessed in any court in the whole Universe. Never were laws changed in a day . Never were new witnesses gathered in a day .Never were new charges filed in a day. When that is the position, how could Nilupuli who freed an individual on the previous day remand that individual the following day in the same case , and on what legal norms ?
Based on our previous reports this vessel of weapons is the ‘product’ of two ministers who are involved. The two ministers who are seeking to grab the Avant Garde business are via media reports and briefings distorting the truths , and taking the president for a ride. This has become a deadly game played to the detriment of the people by the two ministers. When the president acquired the Avant Garde business for the Navy using his controversial executive powers we objected to it on the grounds that it is a dictatorial action.
When this acquisition was made without abiding by any laws , and not even with Cabinet approval , and just after a discussion among three ministers, what we reported was proved true when the defense secretary had the need to announce that the business which was acquired by the Navy is to be given over to another country. Upon Lanka e News questioning whether that wouldn’t be an issue to national security , the ministers shut their gabs and remained silent.
Later after arriving at the Galle port , the two ministers made loud screams again that there were hundreds of illegal weapons in a vessel of Avant Garde. They also told at a media briefing that the numbers on the weapons have been expunged. Thereafter the Navy impounded the vessel.
On the 23 rd , Nilupuli heard the case pertaining to this scam. During the proceedings it was revealed that the weapons that were in the vessel do not belong to Avant Garde, but belong to Rakna Lanka Co. of the government . When Avant Garde Co. requested permission from the defense ministry to transport the weapons in the floating armory in the Red Sea to the armory at the Galle harbor , that permission was granted by the defense ministry.
The record of the quantity of weapons and bullets when permission was sought ; the weapons and bullets for which the defense ministry gave permission ; as well as the weapons and bullets based on the report provided by the government analyst are absolutely matching .
There were no disparities at all. ( All the records in this regard are herein) . If that is so , the screams and cries that there were illegal arms is an absolute lie. Besides the story weaved by a minister and told to the media adding spice to it that the numbers on the weapons have been deleted is an unalloyed lie which was further confirmed by the analyst’s report .(The analyst report is herein)
Accordingly , Nilupuli who heard the case on the 23 rd released the accused. Subsequently , the ministers who panicked , on the following day got around Ayesha Jinasena and Janaka Bandara of the Attorney General’s department . After pressurising them the captain of the ship ,the Ukraine National was arrested by the police. After the captain was produced before Nilipuli , the captain was remanded . Believe it or not , the accused who was released on the previous day as innocent became a wrongdoer on the following day , clearly proving justice is being capriciously dispensed in respect of the same indictment of illegally transporting weapons. That means the weapons that were not illegal the previous day suddenly turned illegal on the following day.
By this mad circus performed now in courts by judges who have metamorphosed into clowns , a number of vital questions have sprung up …
If these weapons are illegal , how come Rakna Lanka Co., the owners of those illegal arms , the chairman of Avant Garde Co. who had these weapons in his possession , and the defense secretary who gave permission are not remanded? Under what laws is only the ship captain remanded? Is it because he is a Ukraine national who does not know Sinhala.
If these weapons are illegal , did those become legal because they are in the possession of the Navy? If that is the case , then the kasippu seized by the police too should become sealed arrack after those are taken into custody.
If these weapons are illegal , should those be in the custody of the courts or the Navy? Can an individual be just remanded by mounting charges sans court production?
While the defense secretary had stated in writing these are legal, who is the mighty rascal who can say’ No, these are a threat to national security’ If so , who is this top flight scoundrel? Are these high and mighty rascals the crooked ministers aforementioned?
If Kekille King was present in Galle court that day , he would have said ‘aney what are my mockeries of justice when compared with these.’ He would have committed suicide in shame .
As Lanka e news revealed in its earlier reports, the courts have acted differently and capriciously in respect of different individuals in cases under the Public property Act.
Thilina Gamage was not arrested , and he was granted bail without remanding him. Dhammaloka thero was arrested but released on bail after a day. Mind you that was in a magistrate court that cannot grant the bail. Six officers of the government who were involved in a fraud at the Tourist Ministry , and faced charges were not arrested , and even the AG’s department order too for arrest was returned.
If in this country justice cannot be meted out duly without treating it this disgracefully , it is best the judges in the Judicial service commission tender their resignations honorably . In that case , at least judges with backbone and integrity who respect justice and laws can be got down from countries of the Commonwealth, and a new Commission with dignity and decorum be installed .
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by (2016-06-28 00:26:49)
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Your painstaking comparisons do not mention the timely act the UN is persueing in relation to Justice
in SL, with your example only add to the need for it.
-- by punchinilame on 2016-06-28
