CJ's appeal against PSC findings:
Order reserved for today
Jayantha de Silva
A three Judge Bench of the Court of Appeal yesterday reserved the
order for today in respect of the ex-parte petition filed by Chief
Justice Dr.Shirani Bandaranayake requesting a writ of certiorari to
invalidate the three charges she was found guilty of by the
Parliamentary Select Committee. (PSC)
The Bench comprised Justice S. Sri Skandaraja, Justice M.A.Salam and
Justice Anil Gunarante.
Attorney at Law Romesh de Silva PC appearing for the petitioner
submitted that under the Standing Order ( 78) A (8) the report of the
PSC probing of the impeachment motion cannot be published until his
client is found guilty by the PSC.
This was required to safe guard the respondent Judge. The CJ was not
accorded courtesy, dignity and privileges in accordance with her office.
He complained of inadequate time which was about 24 hours to respond
to the charges.
The PSC was keen to proceed in secret. On the issue of bias arising
out of the inclusion of Minister of Fisheries Dr. Rajitha Senaratne the
counsel said the minister had initially opposed the appointment of the
CJ.
The CJ bought the Trillium property in some body's else's name. The
details about the Rs.34 million in foreign exchange deposited under her
name in the NDB Bank are not given in order to provide an answer.
The Rs.19 million which bank accounts state a remittance from her
sister. The PSC refers to bribery allegations against her husband
Pradeep Kariyawasam, former Chairman of the National Sarvings Bank.
And contends that she is unsuitable to continue in her office. "What
wrong had she done?, "he queried.
He referred to the allegation that she had published a story in a web
site owned by the Center for Policy Alternatives and contended that she
had never published a single article.
"The PSC is not restricting itself to the charges it is going into a
broader view." Counsel said.
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