-Natural justice principles violated in Tiran Alles’ case.
(Lanka-e-News- 20.Dec.2016, 10.30 PM) Never in the history of the world had there been an incident such as that was witnessed in the Sri Lankan jail (Welikade) , which are mind you under the control of the courts , in which prisoners in the Welikade jail were called by their names and killed ruthlessly and with impunity , based on reports of the eye witness to these ghastly and most tragic killings.
The bigger tragedy than that is this eye witness who deserves full protection under the good governance government is forced to remain in hiding to save his life. It is very unfortunate while incessantly blabbering and claiming the murderers are paving the way to come to power again , the situation is being allowed to deteriorate and turn this grave , said attorney at law Namal Rajapakse , ( not the notorious synthetic crooked lawyer of the Blue Brigand)
Namal made these comments when he participated in the media discussion convened recently by the movement for just society. Speaking further , he went on to expose the trial of Tiran Alles which flagrantly violated the norms of natural justice and basic judicial ethics – the release of Tiran Alles who was in remand custody by the Supreme court (SC) without any bail conditions being imposed.
Namal emphasized ,the two main principles of natural justice are :
1.One cannot try one’s own case
2. And both parties to a case shall be heard so that they can make their just submissions .
In the case of Tiran Alles , it was heard even without issuing notice to the Attorney General who represented the other party , and even without informing the lawyer of the AG ‘s department who was present . This was a gross violation of the principles of natural justice , Namal Rajapakse the lawyer regretted.
The unavailability of legal provisions against the abuse of discretion by officers was severely criticized by him.
Namal cited as an example , the unavailability of legal provisions against the IGP in regard to his actions. Though independent Commissions have been established , there are no provisions to dismiss the individual appointed by it , who exercises his discretion wrongfully. Namal Rajapakse identified the judicial medical officer Ananda Samarasekera as one who wrongfully used his discretion in the Thajudeen case . In the Alutgama murders , though it was initially stated those were committed with the use of sharp instruments , later that opinion was changed to say , those were the result of shooting employing T 56 bullets , and the wounds were gunshot injuries. Even the doctors in the prison hospital are exercising their discretions most wrongfully , Rajapakse bemoaned.
The taped speech of lawyer Namal Rajapakse is hereunder
If you wish to save the data , you may click here , and listen only to the audio tape
The video footage of Lawyer Namal Rajapakse ‘s speech is hereunder
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by (2016-12-20 17:21:13)
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