An exhaustive analysis on Gampaha judge who conspired against media including LeN –Young Journalists Association Complaint to JSC against her..!

(Lanka-e-News -30.Nov.2016, 6.10PM) The grave conspiracy hatched  and nurtured by  Gampaha magistrate Kaveendra Nanayakkara with the aim of attacking   the media including Lanka e news and its editor , has been exposed at length  by the Sri Lanka Young journalists association , while lodging a complaint with the Judicial Service Commission (JSC) . A copy of the complaint is hereunder …

G.M. W. P. Jayathileke esq;
The Secretary 
Judicial Service Commission 
P.O. Box 573, Hultsdorf
Colombo 12 ,
Dear Sir , 

Regarding the verdict delivered by Gampaha magistrate in Upali Tennekoon’s case. 

The complaint made in connection with the assault launched on Rivira newspaper chief editor Upali Tennekoon , and the attempt made on his life on 2009-01 -23 was heard in the Gampaha magistrate court over  a long period.
Following the advent of the present government this investigation was handed over to the CID to make it transparent , and the suspect , Prem Ananda Udalagama, a sergeant of the army intelligence division was taken into  custody.

This case was  heard by Gampaha chief magistrate Ms. Kaveendra Nanayakkara . On 31 st July 2016 ,  Lanka e news  website published a report revealing a number of facts about Kaveendra in relation  to the arrest of magistrate Thilina Gamage over the illegal custody of an elephant cub and her   criticizing  the Attorney General (AG) via her face book over this arrest , as well as  the   publishing  of ‘modeling’  photographs of hers which are unbecoming of a judge .

On 2016 08- 26 , an identification parade was held pertaining to Upali Tennekoon case , when Upali Tennekoon and his wife identified the suspect Prem Ananda Udalagama .

On a subsequent date it was stated  in open court by Kaveendra that  Tennekoon and his wife identified the suspect Nanda Udalagama because the photograph of the suspect was previously published by Lanka e news. It is to be noted , no court had issued an order that the photograph of the suspect shall not be published. We do not know how the magistrate arrived at the conclusion that Tennekoon and his wife identified the suspect because his photograph was published by the media.

Along with the report of Lanka e news of 18 th July 2016 under the caption ‘ Two groups were deployed for  Lasantha’s murder’  the photograph of suspect Prem Ananda Udalagama was published. Later , in an article written by journalist Saman Gamage under the caption ‘ the new game in Lasantha’s murder  ……’ the photograph of the suspect was published in the Divaina newspaper of 7 th August 2016. 

Based on reports reaching us , the photograph of the suspect was published by  a website that is linked to a diplomatic mission. Hence , this photograph was first  published not by journalist Saman Gamage or Lanka e news .  When the police are unable to arrest  a suspect   , it is our assumption  publishing a photograph  is not an issue if it serves to quench  the curiosity of the public and a good cause, and if it concerns a  controversial incident.

In any event , though the magistrate gave an order to record a statement of Saman Gamage , and he was summoned to the CID , he did not respond. The magistrate then said , Saman Gamage ‘s non appearance at the CID is of no relevance  to this case , and to file a different case on another B report. Accordingly , the CID filed a separate case against Saman Gamage.

On a subsequent court date , based on an  anonymous petition received regarding Lanka e news  , Kaveendra ordered the CID to initiate an investigation . On every occasion Upali Tennkoon’s case was taken up for hearing  , it was the investigation  pertaining to LeN that was spotlighted and given  precedence, and not the Upali Tennekoon assault case .
The magistrate ordered to probe how Lanka e news received funds, its address , its editor , the registration of the website and the advertisements published by the website which were not germane to  Upali Tennekoon attempted murder case. The magistrate who instructed the CID to file a different case in respect of Saman Gamage’s issue ,  appears to have followed a different policy in regard to Lanka e news. The magistrate also several times blamed the CID for  not conducting investigations duly  pertaining to LeN.

The CID that was investigating the assault on Upali Tennekoon , had even recorded statements of ex Navy commander Vasantha Karannagoda. Instead of probing into the telephone calls , bank statements  etc . relating to those individuals,   orders were issued  to investigate Lanka e news which had no connection . This can create  grave issues. 

Dear Secretary ,

When  Lanka e news had previously reported about magistrate Kaveendra , the latter herself giving judgments pertaining to LeN website is most unethical  and uncivilized . Even  an ordinary layman  who knows just the basics of law would know it is creating issues.
It is our view , by the magistrate Kaveendra trying to conduct the trial while  showing concern to matters which are absolutely unrelated , Upali Tennekoon the aggrieved party is being subjected to grave injustice. Even the CID appears to be facing unnecessary  harassment .

In this Upali Tennekoon case , it is  the CID that is the plaintiff and the investigations are also by the CID. Besides , the CID has not informed court that in this connection a statement must be recorded of LeN editor ,let alone arrested. Even on the day Kaveendra issued a warrant , the CID never made such a request.

In this backdrop  when  neither the CID nor the AG has filed a case , the Gampaha magistrate Kaveendra issuing an international warrant against LeN editor is most perturbing,  and on what grounds she issued it is questionable. 

There are fierce criticisms that there are delays relating to  cases  in courts , and is a   major issue confronting us.  While other cases are being delayed in this court , this particular case being heard in a  haste by taking it up on court  dates in close succession is suspicion ridden. If there was a hindrance to investigation by publishing the photograph of the suspect , the AG would have taken that into consideration when filing the case . Truly if such a thing has taken place , it does not constitute  a contempt of court , rather the suspect  stands to gain only.  When that is the actual situation , we would like to know on what legal premise the magistrate moved on this matter ? 

Court is not a loin cloth to be used to serve the private purposes of anybody , or  their whims and fancies , or is an Institution that can be used to cover anybody’s  nudity . The dignity of a court is decided not on the media reports that are published about it , but on how the court proceedings are  conducted.
In the circumstances , we humbly request that  an immediate probe be launched  into the conduct of Gampaha chief magistrate Kaveendra Nanayakkara  

We are also expecting to make two requests  to the AG :

To withdraw the case filed against Divaina newspaper journalist Saman Gamage , and 

to recall   the international warrant issued against Lanka e News editor Sandaruwan Senadheera


Yours faithfully 

Sri Lanka Young Journalists Association. 

by     (2016-11-30 13:32:04)

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