Judge C.G. Weeramantry went to J.R. Jayawardena’s office to complain about the new Constitution and was told to leave the office.
Posted on December 15th, 2012
Kithsiri Athulathmudali, Florida, USA
I hesitated to write about Judge Weeramantry because I would upset few of my close relatives. After reading the last paragraph of the article by H.L. Don Mahindapala, ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Judge WeeramantryƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s legal protections Condemn CJ BandaranayakeƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚.ƒÆ’-¡ƒ”š‚ I thought let them be upset, but I need to write about relevant facts; about this British Colonial representative. These types of British Colonial representatives lived in an era where anything British is the norm of the day. They only know the British Parliamentary system and nothing else. The time when Judge Weeramantry went to complain to JR about the ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Executive Presidency PowerƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ there was no INDIAN RAW, but the Indian government allegedly had influenced him to oppose the new constitution. And if possible organize the Sri Lanka judiciary to call in UN and stop it becoming the constitution of Sri Lanka, and becoming a Republic with one man one vote.
I will write the last paragraph of Don MahindapalaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s article so the reader does not have go back to it again: ƒÆ’‚¢ƒ¢-¡‚¬ƒ…- (PS: I must confess that each word in this article weighed heavily on my shoulders as I wrote it because it concerns a dear and close family friend of many decades. If my wife knows this she will most probably file a divorce suit. I will have to face the music sooner or later, after it is published, of course. In the meantime, Judge Weeramantry will, I hope, understand when I say that I was drawn irresistibly to point out that the separation of principle from the known facts do not substantiate the principles with the necessary quantum of moral and legal power needed to back up the case of CJ Bandaranayake. As an experienced judge of the highest court in the world he would probably agree with me that the principles on which CJ attempts to stand will hold her up only if the substratum of facts can carry her weight of guilt.,) ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-
At the time of Sri Lanka constitution was written, there were set of British Colonials who opposed it no matter what, because they saw that future generations will be able to stand on their own feet and Sri Lanka could one day challenge India militarily. These instincts are clearly seen on the (Taken from Daily Mirror. Who owns it? RanilƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s uncle; can every one see the light now) Editorial: Listen to this Elder Statesman. Justice Weeramantry former senior VP of the International Court of Justice has warned that if public confidence in the judiciary is lost there can be no rule of law. This means Sri Lanka will have the law of the jungle with democracy buried in a white washed sepulcher while doctorial rule is enforced without checks and balances, accountability, transparency or good governance
This is from the oration he gave for the late Lalith AthulathmudaliƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s memorial lecture. Form the above one can clearly deduce that this British Colonial Clown doesnƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t realizes that Mahinda Rajapakse was elected by the one man one vote process and not by a set of parliamentary members electing a Prime Minister. I ask Judge Weeramantry, how can this be a dictatorial rule as you state? He does not stop there and calls the impeachment process dictatorial hell hole. Its time other editorial writers made some genuine comments like what DON MAHINDAPALA did. This is my opinion Judge C.G. Weeramantrry isunable to see thing clearly, because of his British Colonial upbringing, therefore to comment on the CJ impeachment is joke. Anyone can see that, he cannot understand current Sri Lanka constitution and the impeachment procedure associated with it. I am a lay person and not a lawyer even I can understand what it is.
December 15th, 2012 at 4:00 pm
Well done Kith. I can understand the very high handed authoritarian attitude of BASL President Wijedasa Rajapakse, who has tried to drown the voice of dissenting lawyers to get his proposals accepted by the Black Coats. Perhaps he too has Political aspirations, like Shirani Bandaranayake, and Sarath Fonseka. Come to think of it there seems to be an unknown hand behind all this.The leading Lawyer S.L.Gunasekara proposed this boycott of any future CJ. This is now accepted by the Lawyers. How much may have these ” Bangazi rebels” got for the unpatriotic stabbing in the back of Sri Lanka ? There are certainly NGO backing to begin with and who else ?
December 16th, 2012 at 2:19 am
The amount of drivel that is written in these columns– the uninformed, the ill informed and mindless rubbish – never ceases to amaze me.
I don’t know from where you heard that “Judge C.G. Weeramantry went to J.R. Jayawardena’s office to complain about the new Constitution and was told to leave the office.” This is certainly not what I have heard. My understanding is that Judge Weeramantry made a submission regarding JR’s proposed Constitution and the only response he received was a one line acknowledgement – nothing about going to the former President in that regard.
And, anyway, what are you trying to say here? Is it that Judge Weeramantry’s views were not worth consideration (and correspondingly that JR’s were)? Secondly, if JR did indeed ask Judge Weeramantry “to leave the office” it reflects badly NOT on Judge Weeramantry but on JR. For my part, I cannot imagine Judge Weeramantry visiting the former President except by prior appointment; nor can I imagine the former President being so uncouth and so rude as to ask Judge Weeramantry to leave his office. JR was not without manners.
It is a pity that you should write the way you have, despite your first reservations. It is really a shame that you should see fit to refer to a distinguished Judge as “this British Colonial representative” and “this British Colonial Clown”. You have only to read what Judge Weeramantry has had to say in his judgments when he was on the World Court and indeed in his other writings to realize he is anything but a “colonial clown”. The fact that one was brought up in the colonial era does not ipso facto make one a colonial clown. I suggest you should read more of what Judge Weeramantry has had to say and write, to better inform yourself of his views and attitudes as far as a colonial mindset in concerned.
You conclude your article saying, in regard to the constitution and the impeachment procedure that “I am a lay person and not a lawyer even I can understand what it is”. What modesty! It must be truly comforting.
December 16th, 2012 at 6:32 am
Hitler said “When I see a lawyer, my hands goes to the holster”.
There should be a massive changes to the legal system in the island nation. All lawyers should be required to issue receipts for the fees they received. The Inland Revenue Depatment should immediately audit all lawyers in the private and public sector. The legal profession is still dominated by Indians (when I say Indians they include Tamils). Shirani has gone to Tamil law firm and it has gone to the Indian High Commissioner. When British in 1792 brought magistrates from the Malabar coast, the wrer attacked by the loacls. (There were no Indians there then). Brirish withdrew these magistrates.
My personal experience with the law of the Island is it is still dominated by Indians. About three years ago I asked my learnered lawyer about some trust law matters. He said he had to consult a good friend of him who is an Indian.
About Hon Judge Weeramantry what I can say is he may be a British colonial something, but I am sure he is not an Indian sucker.
December 16th, 2012 at 6:59 am
Christie
I agree with you 100%
Casandra
Certainly, it may be possible that this is not what you have heard Casandra. But ,still, Kithsiri Athulathmudali being close relative of Minister Athulathmudali knows something better than you.
Please also note that some one’s education does not prevent him from behaving like a clown. If you are living in the West, Go to the nearest psychiatry hospital and see how many former professors are in the psychiatric wards as patients. In England there was a news item recently, when an Indian born professor accidently killed one of his colleagues, who was also suffering from psychiatric problem, but looked after by the Indian professor.
However, when it comes to our judiciary, traditionally, our judiciary was corrupt and is still corrupt to the core. Now only the majority of the population is beginning to notice it.
Even though we have been talking about match fixing in Cricket every day, no one dare to talk about case fixing in judiciary system since independence. In this respect I would like to remind you of well-known Satasiwam case and Kularatne case and in modern days, the mostly discussed the Golden Key company.
These cases would have never surfaced if we had a clean judiciary like in England or in Australia. Do you thing that British or Australian Judiciary will allow similar type of manipulations to be carried out and let guilt party go scot-free because of some silly technicality in the law book.
If Weeramantry is a good, honourable and reasonable judicial officer, he should have considered the allegations and take action to protect 25 million sovereign people who were solely dependent on the judiciary system for the rule of law and their share of justice.
Weeramatry should know by now that an official allied to the Ceylinco group of companies (allied to the Golden Key company), testifying before the Parliamentary Select Committee stated on oath that Chief Justice Shirani Bandaranayake was given a Rs 1.5 million discount on a house she purchased because she was a hearing cases that involved his company and he thought it fit to do so. This is a clear case of conflict of interest that every civilised world should take into account.
Not only that she had not declaring her assets as required by a Judiciary office in 20 odd bank accounts. Australian Tax office is also dragged into the equation now.
If weeramantry still thinks that we should still keep Shirani Bandaranayake as our chief justice due to some silly technical point and Ignoring all other 12 allegation, then he is definitely behaving as a clown.
December 16th, 2012 at 7:29 am
These lawyers oppose every thing started by the government. They said government interfered with the judiciary on the court hearings related to university admissions then the UGC initiated an impeachment, add to the confusion Judiciary suggested amendments to the divinaguma bill, government accepted the amendments. There was no big issue on that.
Mr. S L Gunasekera suggested not accepting a new Chief Justice. Bar Association has now passed a resolution not to welcome a new Chief Justice.
Lawyers continue to disrupt the normal functioning of the judicial work. Legal fraternity gives , unnecessary trouble for the country recovering from economic headships.
December 16th, 2012 at 7:30 am
NMY,
Kithsiri Athulathmudali being close relative of Minister Athulathmudali most certainly will know better than I about things that concern the late minister Atulathmudali but that does not mean that KA is right about what he has said about Judge Weeramantry or his reference to him as a “Colonial clown”
I am not unaware that education does not prevent one from behaving like a clown. There is ample evidence of that in these columns. I am also not unaware of the many educated people who are to be found in psychiatric wards. That is beside the point. To make unsubstantiated statements and recklessly call people names like ‘clown’ does not reflect too well on those who do so.
Anyway, Judge Weeramantry’s stature is not going to be affected by what his detractors like KA or HLDM may say.
December 16th, 2012 at 8:07 am
NeelaMahaYodaya, I thank you for your comments. I know I used bad words referring to judge Weeramantry, but read the publishd editorial and the language he used! Don Mahindapala should be give lot more credit to cricit Weeramantry than me because he was a regular visiter to his house. If he didn’t publish his article I would have never published my article. All I state is that legal procedure should go on. CJ is a crook it has been proven many times. Now, do we have to ignor it because she is the CJ? If one reads carefully, what Weeramantry is saying is “Drop the the Charges because she is the CJ”. What I say is let the due process go on and it will bring legal issues that will be discussed openly. During PRANADASE impeachment, very many legal issues came up but none of participents in this debate refer them to current on going impeachment. NMY, Please read Charles Perera’s comment. thanks again
December 16th, 2012 at 9:36 am
Judge Weeramantry has not committed himself in his statement. He may not directly go against a member of the fraternity. Though Choksy to his credit has made a candid statement on the issue. Even drivel may sometimes provide a clue to understand a problem.
December 16th, 2012 at 10:07 am
Kithsiri Athulathmudali, the tone of your article seems that you are starting to sound like a TRUE American. True Americans also take a extremely dim view of British Colonial Clowns telling them what to do. I think they fought a bloody war against these very same British Colonial Clowns in 1776 to found their country. It looks like Kithsiri you are starting to get the true American spirit of freedom and I must admit it is wonderful it is for USA or Sri Lanka except for Britain of course.
December 16th, 2012 at 11:11 am
Sri Lankans often forget that America was a British colony, same as Sri Lanka.
I am disappointed that Mr Weeramantry took this stand. I had heard that he was a person of good stature in the Judiciary.
However, in the case of the CJ, the fact that this is a female person on the docks as well as other reasons may have a bearing that some of the legal luminaries of Sri Lanka are swayed to ‘protect’ her ? One wonders whether the same ‘protective measures’ would have been accorded to a male CJ ? Also, is there anyone else being protected here ?
We would also like to ask a question (one of many questions) of Madam CJ :
How would she have judged another CJ of Sri Lanka accused of the same allegations, assuming Madam CJ is one of PSC members ?
December 16th, 2012 at 8:03 pm
RohanJay, thanks for your comments. It is for the Sri Lankens and not for the Americans (Hillary had a Great Fall….And she had a concussion. When she woke up she thought she was in heaven). My focus is for the Sri Lankens, but not forgetting I am also proud to be a Sinhala American. Christi brought out to the open a very valueble hidden aspect of the Sri Lanken legal system. SO THE SRI LANKEN LEGAL SYSTEM IS CONTROLLED BY INDIANS, TAMIL NADU TAMILS and SRI LANKEN TAMILS. He gave a good example, please read. I ask this question from the readers: how can Sinhala stand on their feet, when their judiciary system is controlled by foreigners? Mahinda Rajapakse has a big mess to clean up!
December 16th, 2012 at 8:40 pm
Christi, thanks for your comments and your suggestion “There should be a massive change to the legal system of the Island nation.” I hope MR will have time to read it. The example you gave about the “Trust Law matter” from a Sri Lanken attorney and the visit by CJ to Tamil Law firm, and to the Indian High Commission is excellent. Audit of attorneys and Judges is also a MUST. Thanks again for enlightening me and the readers.
How do you know that Judge Weeramantre did not get paid by a thired party that received funds from INDIA?
December 16th, 2012 at 9:37 pm
Cassandra, Thank you for your comments. Since you ask a question I have to provide an answer, but you might not believe it. I got it from a person who worked at JR’s home office. The discussion I had with this person was: How many so called prominent persons are against the new constitution? One of them he refered to was judge Weeramantre and he told me that he was a retired judge and lives in Australia. He came with a proposal to late JR and told him not to create a Republic and not to have an Executive Prediency. JR’s answer was “If this all you want to say, thank you I have other matters to attend to,” In my interpretation, this is to say, get lost Judge Weeramantre. Whome are you protecting? Currupt Sri Lanka judiciary or Judge Weeramantree?
December 16th, 2012 at 9:42 pm
NMH, Late Lalith is my father’s younger brother’s son. So I was close to him at that time.
December 18th, 2012 at 12:49 am
KA,
Thank you for your response.
As I said previously, if JR did in fact ask Judge Weeramantry to “leave the office” it shows JR – rather than Judge Weeramantry – in poor light for, to me, there is nothing so great about asking someone to leave your office because you are not prepared to hear a contrary view. I see that you now say “JR’s answer was ‘If this all you want to say, thank you I have other matters to attend to’,” which seems to paint a rather less harsh scenario than was first portrayed. In either case, it does not make Judge Weeramantry a ‘colonial clown’ as you chose to call him. I note in this regard, though, that you have since conceded, in your response to Neela Maha Yodhaya, that “ I know I used bad words referring to judge Weeramantry”.
Even at the draft stage of JR’s constitution there were enough prominent persons who had grave reservations about the proposed constitution (of course, today, the critics of JR’s constitution are legion!), and I recall for instance the late Justice TS Fernando, another eminent Jurist, saying at the time that he did not like the proposed new constitution because it sought to concentrate too much of power in the hands of one person.
You have ended your response to me asking “Whome (sic!) are you protecting? Currupt(sic!) judiciary or Judge Weeramantree(sic!)?” Let me say that I don’t wish to protect any corrupt institution but I make no apologies for standing up for Judge Weeramantry, someone I know as a fine and decent man. It would have been remiss of me not to speak up, in the face of unworthy attacks on his integrity and good name.
December 18th, 2012 at 8:53 pm
When will some of you people realize the fight is not to save the CJ but to save the judiciary of the country. CJ may be guilty of all 14 charges. But she should be given a chance to defend herself. When the CJ of the country cannot defend herself, what justice can you expect for the poor citizens?
December 20th, 2012 at 5:39 am
“3. the standards of the legal education imparted to lawyers coming out of various institutions; (Remember Prabhakaran too had law colleges to produce the kind of lawyers he wanted!)”
This is the most important sentence in HLDMahindapala’s article. He always portray Parabakaran as the sole leader of the Tamil Terrorists. In fact Parabakaran was the puppet of India. The reason is simple. Show the world Tamil terrorism is the work of one individual wen in fact ot is an Indian Imperialist project.
There was no need to drag What the Indian terrorist outfit did when it comes to the issues of Shirani bandaranayake and the impeachment.
December 23rd, 2012 at 8:27 pm
Please go and read the article by Charles Perera on lankaweb. “Supreme Court and Appelet Judges Attempts to Distort the Constitution of SL for a Dictatorship of the Judiciary”. Then watch and listen to Wimal Weeravansa in Hathwani Peya 01 to 04. (They are in Sinhala sorry if you cannot understand! Tamil Nadu Tamil Supreme Court Judges cannot understand what Wimal Weerawanse is saying? that might be a clue to stop the impechment) After reading this article Christi, if cannot coralate the “Indian Terrorist Outfit” as you state it, I do not know what will? Did you see how many Tamils are in the Supreme Court, how did they get there? MOHAN says that CJ must be given a chance to defend. Yes they did but she walked out. watch and hear Wimal Weerawanse. Writers who support CJ is bringing the past British Colonializm to present and attempting to comparing it with the present situation. There is no logic in this because Judge Weeramantry lived in a different era where change is NOT the norm of the day. Do as the British Colonials tell you to do and you will be the best educated and respected Judge. So I still call Judge Weeramantry a British Colonial Clown and is a relic of an by gone era many years ago.
December 24th, 2012 at 4:52 am
Mohan It is good to defend Justice, but Justice is not defending itself. It has refused to be independent pushing the idea of Judicial Independence to the extent of being a superior power controlling the Legislature and the Executive. That is the impression the Sri Lanka legal bums have given. They must leave the Parliament alone to do what is its responsibility under the relevant Articles of the Constitution.
You cannot mix up the Court Procedures and Impeachment procedures. They are far apart. The lawyers cannot argue about an Impeachment as it it is a court case. When one says you cannot be the judge, the prosecutor and the accused…it is the independence of the Judiciary.
In an impeachment procedure there is a time limit you cannot go on with an Impeachment Motion during an unlimited period of time. PSC prepares a report from the evidence given by the Impeached. She was given enough time to provide the basic information necessary. Now it is at the Parliamentary debate that a decision will be taken in favour or against the impeached CJ. Therefore one has to be patient instead of making an unnecessary commotion brining in the whole lot of anti Sri Lanka West to play their damaging role against Sri Lanka.