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Video: CJ 43 refuses to plead guilty or not guilty

12 May 2014 02:04 pm - 29     - {{hitsCtrl.values.hits}}

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Former Chief Justice Shirani Bandaranayake today declined to plead guilty or not guilty when the case filed by the Bribery Commission was heard in the Colombo Chief Magistrate’s Court on the grounds that her lawyers were not allowed full access to the bank accounts on which the case was based.

During the inquiry State Counsel Dilan Ratnayake informed Chief Magistrate Gihan Pilapitiya that the case was fixed to allow the prosecution to read out the charges and thereafter for Ms. Bandaranayaka to either plead guilty or not guilty.

Counsel Nalin Ladduwahetty PC appearing with a team of lawyers for Ms. Bandaranayaka informed the Magistrate that the NDB Bank had not allowed full access to the data on the two bank accounts of the suspect as ordered by Court and he said his client was not in a position to either plead guilty or not guilty without inspecting the data that are stored in the computers.
Ex-CJ in the dock

During the hearing which took heated turns at times, the ousted Chief Justice stood in the dock reserved for suspects and watched the entire proceeding.

The hearing was postponed twice during the morning session, and thereafter the Magistrate postponed the inquiry again for 2 pm in the afternoon, after the legal team representing the former Chief Justice flatly refused to enter a plea of either guilty or not guilty.

State Counsel Ratnayake said the date fixed was to read out the charges and therefore they had to proceed with the case. He said that was the procedure that had to be followed and the court could not veer from that process.

Counsel Ladduwahetty objecting said that inspecting the computer data of the accounts was part and parcel of the case and therefore the court had given an order allowing the suspect to inspect the data before pleading guilty or not guilty. The counsel said inspecting the computer data was a must before pleading to the charges.

Counsel Kalinga Indatissa watching the interests of the NDB Bank said the bank could not allow the suspect to inspect the entire data on the computers but could only allow the suspect to access certain data relating to the account.

After considering the submissions by both parties, Magistrate Pilapitiya ordered the bank to submit a report on May 20 stating as to what data the bank could allow the suspect’s lawyers to access. He also fixed the trial for August 4.

A host of local and international lawyers were present during the proceedings as observers. (T. Farook Thajudeen)

Matter of access and procedure

Nalin Laduwahetty PC: There were two Gestapo type officers who had said they were from the Bribery Commission during all four days we went to access the computers. The bank only gave what they wanted to give us and each time it was after the documents were shown to these officers.

Magistrate:  But you have to enter a plea, either guilty or not guilty.

Laduwahetty PC: I can’t because we were not given full access to the computers, if we were given full access we would have.

Magistrate:  This situation has never arisen before in this court and during my entire judicial career. There is a procedure you must follow and it is the regular procedure for everyone. There can’t be any extraordinary process.

WATCH


Video by Sanath Desmond




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  • kalu banda Tuesday, 13 May 2014 06:54 AM

    [quote name="GAMINI"]Army commander arrested, chief justice harassed & thugs chasing MPs with pistol in hand in public etc.. etc. Dirty politics at its best.[/quote]


    Loken uthum Rata - jayawewa!

    R.Sunthar Tuesday, 13 May 2014 02:55 AM

    Natural Justice should prevail.

    Punnasiri Tuesday, 13 May 2014 06:56 AM

    [quote name="Nanasiri"]What is this circus performed by former CJ. It appears that she wants to follow a different standard. No wonder she is not fit to be the CJ.[/quote]

    Hallo Mr Nana, Are you from Medamuluna?

    Nanasiri Monday, 12 May 2014 04:17 PM

    What is this circus performed by former CJ. It appears that she wants to follow a different standard. No wonder she is not fit to be the CJ.

    Namal Perera Monday, 12 May 2014 04:22 PM

    What about the Joker who robbed tsunami funds???

    IRF Tuesday, 13 May 2014 03:24 AM

    Fight it out iron lady and them the law and lesson

    Lankan from Canada Tuesday, 13 May 2014 10:15 PM

    I read a few days ago in The Ottawa Citizen and the Ottawa Sun, 2 leading newspapers in Canada that Prime Minister Rgt Hon Stephen Harper used 'intimidation' and other tactics to attack on chief justice of Canada. The strong criticism came from no one else but the Opposition Leader himself Mr. Thomas Mulclair who is also the leader of the NDP. The Harper government has faced serious accusations from all quarters, of trying to intimidate Canada’s top judges. The Opposition leader who criticized Canada's Attorney General as well, said in Parliament that the attorney general’s job is to defend the integrity of the court system, not to help the prime minister attack the chief justice,”
    Do you remember that famous '2013 Commonwealth' saying from Colombo: "Those who are in glass houses should not throw stones....".

    Real Peace Monday, 12 May 2014 04:40 PM

    He comes the most appropriate common candidate!

    ToyGun Monday, 12 May 2014 04:41 PM

    Nice to see that the International community is following the case to prevent a "Banana" judgment. Nice!

    GAMINI Tuesday, 13 May 2014 03:56 AM

    Army commander arrested, chief justice harassed & thugs chasing MPs with pistol in hand in public etc.. etc. Dirty politics at its best.

    Lima Monday, 12 May 2014 05:22 PM

    TEACH THE BAD JUDGES A LESSON WHO DO NOT KNOW THE LAW AND ACTING ACCORDING TO THE ORDER OF MARAUDER , THESE JUDGES HAVE NO SHAME AT ALL AS THEY DO NOT RESPECT THE RULE OF LAW THEY STUDIED AND INSTEAD GO BEHIND BOOT LICKING FOR AN ILLITERATE RULER

    suranga Monday, 12 May 2014 05:22 PM

    This is a great case if solved well to demolish ideologies of the disrespectful power hungry money crazy goons. Bring back law and order into this country.

    Sujeewa Tuesday, 13 May 2014 01:07 PM

    She is insulting the little value we have in the judiciary system. She needs to defend her case IF she is honest., but not to seek the haven of her position. Shame on her.

    Kiris Baba Amaray Tuesday, 13 May 2014 05:10 AM

    Madam Shirani Bandaranayake is not a easy women as Mahinda things. Well, she is a Iron Lady.

    Kiris Baba Amaray Tuesday, 13 May 2014 05:13 AM

    [quote name="IRF"]Fight it out iron lady and them the law and lesson[/quote]

    Yes, none can teach SriLankan Laws to this Iron Lady. Feel sorry for MR to challenge her and finally he is only going to fell into Mud.

    Kiris Baba Amaray Tuesday, 13 May 2014 05:14 AM

    The whole world is behind Former CJ and no one can touch her.

    ToyGun Tuesday, 13 May 2014 05:17 AM

    I am wait for comments from Modawansa and to why the CJ should be guilty.

    M.O.A.Careem Thursday, 15 May 2014 05:32 AM

    bidder list -Former leader C/B, C.J. SB, Gen. S/F, JVP A/K - N/E Wig&Maj Hamban. Saj/P keep R/W as bonus - now start the game
    who made the parth? fight for better out come - who ever it may be.

    suranga Tuesday, 13 May 2014 02:38 PM

    Oba pathu suba anagathaya elambi etha!!!

    The citizen Tuesday, 13 May 2014 09:20 AM

    [quote name="kalu banda"][quote name="GAMINI"]Army commander arrested, chief justice harassed & thugs chasing MPs with pistol in hand in public etc.. etc. Dirty politics at its best.[/quote]


    Loken uthum Rata - jayawewa![/quote]

    1) Prisoned
    2) Impeached
    3) Egged

    chena Wednesday, 14 May 2014 10:20 AM

    do you think so defending is possible in SL Judiciary system where newly appointed high courts judges are very close relative to MR & Co

    xxxxxxxx Wednesday, 14 May 2014 11:09 AM

    how her respect to the Law, this women should charge for contempt

    Kiri Gamarala Monday, 12 May 2014 03:00 PM

    Is a computer "jilmart" suspected?

    Saman Monday, 12 May 2014 03:08 PM

    Only divine power and Intervention will save Sri Lanka.

    kalu banda Monday, 12 May 2014 03:14 PM

    Fight it Ma'am. Pity you allowed the 18th amendment to go through without a referendum and held that a court martial was a court of law but still we are with u on this.

    Rohan Monday, 12 May 2014 03:17 PM

    Numerically 43 ends with Lucky 7. CJ 43 could end up winning this case as per the numerical order. Let's see how the case ends.

    tony Wednesday, 14 May 2014 11:49 AM

    DONT WORRY SHE AND HER TEAM OF LAWYERS ARE NOT IDIOTS

    Maha Tuesday, 13 May 2014 06:23 PM

    We need JVP to rule this country, no more UNP/SLFP

    The citizen Tuesday, 13 May 2014 06:42 AM

    [quote name="Namal Perera"]What about the Joker who robbed tsunami funds???[/quote]

    Can't this Ex CJ have the same verdict given by that Ex-CJ?


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