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CJ ready to counter PSC findings; claims there was malice

13 December 2012 01:53 am - 39     - {{hitsCtrl.values.hits}}

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Chief Justice Shirani Bandaranayake said yesterday that she was ready to respond to the findings of the Parliamentary Select Committee (PSC) that comprised government MPs and averred that she would disprove the findings and prove her innocence.

Issuing a press statement on behalf of the CJ, for the first time since the PSC completed its proceedings, the CJ’s lawyers said that the Chief Justice’s position was that the findings of the Government Parliamentarians in the Select Committee did not constitute a report of the Select Committee since the Opposition Members on the Select Committee had withdrawn from the proceedings and they had not been given an opportunity to submit their observations.

The statement says;

The media has quoted the Government Members of the PSC as having stated that they have found the Chief Justice, Dr. Shirani Bandaranayake guilty of the 1st, 4th and 5th allegations in the impeachment motion while exonerating her of the 2nd and 3rd allegations.

The Chief Justice is yet to be issued a copy of the evidence and the findings of the Government Members of the Select Committee. It is understood that the Report was submitted just hours after the Government Members of the Select Committee concluded hearing witnesses.

As soon as she is furnished with the same, the Chief Justice will respond to the report of the Government Members and to the ex-parte evidence which was given in her absence, without any notice being given to her and which was given devoid of cross-examination. The Chief Justice re-iterates that if the said witnesses were cross-examined by her counsel, she would have been able to demonstrate the untruthfulness of the evidence of the key witnesses hurriedly summoned.

The proceedings before the Government Members of the Select Committee are fundamentally flawed since the proceedings were unfair, conducted without a proper procedure being adopted, conducted without giving the Chief Justice an opportunity to cross-examine witnesses and without observing the rules of natural justice or the elementary standards of fairness. In fact after the Chief Justice was informed that only documentary evidence will be used at the inquiry, after the Chief Justice walked out of the Select Committee, the very next day sixteen witnesses were called and their evidence led without any notice to the Chief Justice and without making them available for cross-examination.

Yesterday’s observations made by Sri Lanka’s most eminent Judge and Jurist Dr. C.G. Weeramantry, confirm the Chief Justice’s contention that she never received a fair or impartial hearing from the Government Members of the Select Committee.

It is noteworthy that even when evidence was led ex parte (that is, in the absence of the Chief Justice and her lawyers, in the absence of cross examination and in the absence of evidence being put forward by the Chief Justice) yet there was no evidence to justify allegations 2 and 3 which were made without supportive evidence and the question arises as to the basis on which 117 MPs signed the impeachment motion putting forward the said charges.

The Government Members of the PSC have also stated that they will not even look into the charges bearing numbers 6 to 14, although the Select Committee was mandated by the Speaker to look into all the charges including the said charges numbered 6 to 14.

The Chief Justice has at all times maintained that she is innocent of all the charges -- which are baseless and framed purely with malicious intent. She has always stated that there is no evidence whatsoever in support of the charges framed against her. Her stance is now vindicated. It is hoped that suitable action would be taken against the aforesaid parties for framing charges against a sitting Chief Justice which could not even be maintained at an ex parte hearing.

She will, as soon as the report of the Government Members of the Select Committee is made available, respond to the findings, demonstrate that the findings are incorrect and she is innocent of the charges.
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  Comments - 39

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  • Ralahamy Thursday, 13 December 2012 04:04 AM

    This is the beginning of Tale of Two cities, depicting the French Revolution. Head roll off the guillotine to the roar of the public. This is a new turn instead of the white van.

    Managala Thursday, 13 December 2012 12:00 AM

    Yes you will prove !

    smart Thursday, 13 December 2012 06:58 PM

    They did the same to General SF, and his fundamental rights petition is still not heard..... what say you Shirani ? Kumbala malu rasada ?

    Hardball Thursday, 13 December 2012 04:03 AM

    May I suggest that the independent committee call all the MPs who have signed the impeachment motion and question them on the contents.

    Gayantha 76 Thursday, 13 December 2012 04:09 AM

    If the Chief Justice is actually wrong they should have conducted a credible and a fair trial. the fact that there was no proper procedure proves that any of those things can be proven on an independent trial.

    nkulanthaivelu Thursday, 13 December 2012 04:12 AM

    Truth will triumph.

    aroosh Thursday, 13 December 2012 04:19 AM

    welcome chief J its an another brave move from you god bless you go ahead.

    lion Thursday, 13 December 2012 04:21 AM

    i love this iron lady... really a inspiration for the nation !

    mohamed asfar Thursday, 13 December 2012 04:31 AM

    dear madam, you must face the allegations and prove it wrong. that is what you as a judge say to the defendants right ? so simple.

    Dylan Thursday, 13 December 2012 04:33 AM

    Remember what happened between Gen.Pervaz Musharif and the judiciary in Pakistan !!!

    lion Thursday, 13 December 2012 10:40 AM

    this lady is an example for all sri lankan men... !

    Namal PavithraN Thursday, 13 December 2012 10:51 AM

    It's now or never. Good luck CJ Mam.

    Sandy Thursday, 13 December 2012 04:36 AM

    No one who speaks the Truth, need ever fear.. ' There is nothing hidden that will not be exposed'. Stand tall, stand strong for Truth, Madam. God bless you!

    kautilya Thursday, 13 December 2012 04:41 AM

    It is great Dear Madam. The truth cannot be buried to take vengeance. We are with you

    A, Waragoda Thursday, 13 December 2012 11:21 PM

    Well done madam keep it up.
    Kautilya

    Mohamed Marzook Thursday, 13 December 2012 11:10 AM

    Sometimes such people have coloured eyes. So there will be no change.

    Hash Thursday, 13 December 2012 04:47 AM

    You dont have to be scared or afraid of anyone if you are telling the truth... keep it up !

    Imran Hussein Thursday, 13 December 2012 04:59 AM

    Cant agree with you more. CJ's one natural smile is enough to prove that all allegations against her are fabricated, malice and ill fated.
    What a brave lady, We love you Hon CJ.

    Silas Thursday, 13 December 2012 05:01 AM

    Whatever said or done...at the end of the day the king will have his way. After that in a couple of weeks, the good ol' public will forget this fiasco...just like what happened to the general...suba anaagathayak!

    Mikee Thursday, 13 December 2012 05:09 AM

    Dear Madam, Prove your innocence to the howling jackals. You know it is very funny that everyone in the government from the top are saying that their hands are clean and their cleanliness is depicted by their lifestyle. Beggars a few years ago are now going in limousines.

    Jagath Leanage Thursday, 13 December 2012 05:13 AM

    We are so happy.Only you who can teach a lesson to this adament regime. So keep on fighting. We wish you all the best.

    buddi Thursday, 13 December 2012 05:40 AM

    respect for you braveness and the sacrifice for the independent of the judiciary.right thinking always people are with you hon madam

    Confused Thursday, 13 December 2012 05:48 AM

    Has she been given a decent chance to prove the allegations wrong?

    Leel Thursday, 13 December 2012 12:43 PM

    Sooner or later there should be an end to this madness

    jacoob Thursday, 13 December 2012 06:00 AM

    let the triple gem bless you madam

    Ryan Thursday, 13 December 2012 06:31 AM

    anybody corrupt not allowed in Sri Lanka

    Ryan Thursday, 13 December 2012 02:24 AM

    Tell these to Konde Bendapu Cheenas now, you should have answered the PSC, Now its too late.

    victor pieris Thursday, 13 December 2012 02:28 AM

    She doesn't have a hope

    C. Seneveratne Thursday, 13 December 2012 08:12 AM

    CJ with all respect we know that you are already innocent.

    Thomas Thursday, 13 December 2012 03:00 AM

    Don't be afraid, it was a summary trial by people who are not qualified to judge you.

    duchee Thursday, 13 December 2012 03:03 AM

    If you are innocent enough, win the game and show.. we bet you...

    perumal Thursday, 13 December 2012 03:15 AM

    Ryan, remove your coloured glasses and see reality. She was not given a fair hearing from the beginning!!

    Ajith Thursday, 13 December 2012 03:32 AM

    Lanka Annduwa lagadima illang parripu kanawa for sure

    Confused Thursday, 13 December 2012 03:35 AM

    All of this turmoil could have been avoided were there a proper, fair procedure in place to deal with the charges against the C.J. and to allow her to defend herself. It does remind us of the Spanish (and Portuguese) Inquisitions: "You are guilty--tell us what you are guilty of."

    Shan Thursday, 13 December 2012 03:40 AM

    Hey Guy Ryan, are you also in the pay list of those who hatched the Impeachment motion against the CJ?

    surasena Thursday, 13 December 2012 03:41 AM

    Yes, Victor you are correct she and the entire nation are hopeless in present circumstances

    Sagarika Thursday, 13 December 2012 03:42 AM

    Gr8 response to a load of Thugs!

    DAMIT Thursday, 13 December 2012 03:49 AM

    Happy to Hear!


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