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Bribery Commission: Ousted CJ says two commissioners biased

11 May 2013 - {{hitsCtrl.values.hits}}

Ousted Chief Justice Shirani Banadaranayake who appeared before the Commission Investigating Allegations of Bribery Commission yesterday raised objections to the presence of Chairman Justice Balapatabendi and member Jayantha Wickeramaratne.

She asked that they disqualified from participating in the proceedings against her.

Filing her objections, she said that former Chief Justice Asoka De Silva had purchased an apartment at the Trillium condominium when the Ceylinco case was ongoing and his personal relationship with Justice Balapatabendi was a reason for the bias.

Sri Lanka’s first woman Chief Justice in her detailed objections said by a Bench presided by her had dismissed an FR petition filed by Jayantha Wickeremaratne with regard to his promotion and this was his bias against her.

Dr. Bandranayake said the statement made by Mr. Wickremaratne’s wife to the media showed his bias against her.

In the objections addressed to the Director General, Dr. Banadaranayake said the Commission Chairman Justice Balapatabendi had “violated the law of confidentiality” by issuing statements to the media.

In a detailed letter to the Director General she said she had not travelled abroad since the December 2006.

“The last time I travelled abroad was on December 25, 2006 and at no time thereafter have I ever attempted to travel abroad,” she said in her.
Dr. Bandaranayake said there was no reason to prevent her from leaving the country and even go to the extent of giving wide publicity to such a decision.
She said the Chairman had violated Section 17 by giving such publicity and his move demonstrates manifest bias.

Detailing allegations of bias against two Commissioners, Justice Balapatabendi and Jayantha Wikcermarathne, Dr. Bandaranayake said that the participation of the two of them in the inquiry was a violation of natural justice and the rule against bias.

“I believe that among the reasons for Justice Balapatabendi to demonstrate bias against me arises as a result of his relationship to retired Chief Justice Asoka De Silva. I state that Justice Balapatabnedi’s son Isuru is married to Mr. Silva’s daughter Kanishka” the letter said,

Dr. Bandaranayake said during the course of the impeachment proceedings against her, she submitted to the PSC the former Chief Justice Asoka De Silva had purchased a housing unit at trillium residencies while the Ceylinco case was ongoing, to demonstrate that there was no impediment to her sister purchasing a housing unit.

“I state that Mr. De Silva had written a letter to the PSC and made numerous statements against me in the media. I also believe that justice Balapatabendi’s daughter-in-law, Kanishka De Silva is a co-owner of the said trillium apartment purchased by her father” the letter states.

Dr. Bandaranayake said in the letter that since an FR application pertaining to the promotion of Jayantha Wickremarathne was dismissed in case which she presided there was a strong likelihood of bias against her.

The ousted Chief Justice who is under scrutiny by the commission also said that the numerous statements made by the wife Mr. Wickremaratne’s wife Anoma Goonathilake who “publicly demonstrated ill-will towards me” creates a strong likelihood of bias.

Detailing examples of media statements given by the Justice Balapatabendi and Anoma Goonathilaka the Dr. Bandaranayake said both commissioners should be disqualified in participating in the proceedings or decision in respect to the allegations against her.

The 43rd Chief Justice of the country prior to detailing the above categorically denied any allegations regarding her “bank accounts” and detailed that all her accounts, including that of her son and husband were declared rightfully in her declarations.

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Bribery Commission: Ousted CJ says two commissioners biased

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