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Kandy Magistrate's statement regarding JSA replete with mistakes - Judges

Judges G. D. Kulatilaka and Sunil Gamini Perera have written to say that the statement with regard to the Judicial Services Association made by Kandy Magistrate Lyone Seneviratne is replete with mistakes and distortions in respect of the manner in which the election of the JSA is "alleged to have been held" on December 14.

The two judges who were the President and Secretary of the JSA say they are happy that Magistrate Seneviratne has admitted that there is no tradition of electing a Patron.

The statement went on to say that the invitation of the conference is always annexed to the notice summoning the AGM and the agenda of the AGM under the hand of the secretary.

The statement alleged that "it is an incontrovertible fact that the alleged election on 14 .12.2002 was in fact a seminar on Courts Administration held by the Judicial Services Commission and it was not an AGM. No notice convening the AGM was sent nor was an agenda sent on his own admission "it was suggested to the members present that the meeting could be held if it was the wish of the members, as there were no objections and as the President and the secretary were absent despite the written request made by about 50 members to summon the meeting."

"It is also a requirement that any resolution should be tabled after giving adequate notice to the membership. The two resolutions passed at the seminar of 14-12 - the one ousting the President and the Secretary from the said posts and the other resolution resolving to make representation in the Supreme Court case were both passed without prior notice given to the membership, at a seminar organized by the JSC, those were in attendance and elected new office bearers. All this was done without prior notice to the membership and without properly summoning the AGM."

"Apart from the damage inflicted on the Association and its members in terms of reputation, credibility and dignity, the damage to the institution in the eyes of society is enormous. This gives rise to several questions that are to be answered. Are the judicial officers in this country incapable of managing their own affairs? If so are these officers entitled anymore to the perks and privileges bestowed upon them?"

The statement adds "if we cannot mete out justice to our own brethren how could society expect justice from us? 

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