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Monday, 10 December 2012

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CJ SACKING MUST; U.S IMPEACHMENT CALLED ‘WITCH-HUNT’

* Charges grave for dismissal

* Given 22 days to file answers

The Parliamentary Select Committee (PSC) having examined the oral and written evidence against Chief Justice Dr Shirani Bandaranayake found her guilty of three out of five charges investigated among the 14 charges brought against her in the impeachment motion.

The most serious among them was Charge 1, which involved the purchase of a house in Trillium residencies (see page 8 and 9 for detailed story) having taken over the Ceylinco case from a separate Bench.

The non-declaration of several accounts was another serious charge, while Charge number 5 involved remaining in office and conflict of interests, with her husband being tried in court on corruption charges.

This was revealed at a press conference held by PSC members at the Parliamentary Complex after they submitted to Parliament the report of the investigation on the impeachment motion against the Chief Justice.

Meanwhile, legal-expert observers pointed out that various partisan civil society types and lawyers were pointing out that the impeachment trial was a ‘witch hunt’ but the same was said in the United States, about the perfectly constitutional impeachment of then president Bill Clinton by one House of Congress!

Therefore, there will always be politically motivated and other reasons to call a perfectly constitutional and legally in-order impeachment process, a ‘witch hunt’ in any country, including Sri Lanka. (“Please see page 8 and 9 for details.)

PSC chairman Minister Anura Priyadarshana Yapa said the PSC did not want to investigate all 14 charges as they wanted to complete the investigation within the one month period in line with the Standing Orders.

He said the Committee did not find her guilty on charges 2 and 3 due to lack of sufficient evidence.

The Committee concluded that charges 1, 4 and 5 have been proved and the serious nature of such charges warrant the dismissal of Dr Bandaranayake from the post of Chief Justice.

Minister Yapa said Dr Bandaranayake was given 22 days time to answer the charges which was sufficient for her to study her own bank statements and such documents.

Minister Nimal Siripala de Silva said there is a verbatim report of the complete investigation, so nobody can say anything against it.

He queried why if there was a problem with the process of impeachment, they all remained silent for 25 years without finding a remedy for the matter until this impeachment motion was moved.

Minister Wimal Weerawansa said he will not hesitate to challenge anybody to prove their decision at the PSC wrong, considering the written and oral evidence.

They said 16 witnesses including Supreme Court Justice Shirani Thilakawardena, Secretary to the President Lalith Weeratunga, Supreme Court Registrar D P Mudunkotuwa and Registrar of Colombo Magistrate Court Amitha Chandrasekara gave evidence before the PSC.

Ministers Susil Premajayantha, Rajitha Senaratne, Dilan Perera and Deputy Minister Neomal Perera were also present at the media briefing.

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