Golden Key Depositors Association alleges: Cj took over GK case on single affidavit- ‘Tried to block individual submissions’- ‘Affidavit which did not list the relief prayed accepted in spite of it’
Posted on December 14th, 2012

Jeevani Pathirana- Courtesy The Daily News

When Justice Shirani Thilakawardena was hearing the Golden Key Financial Fraud Case successfully, Chief Justice Shirani Bandaranayake personally took the case under her wing on the basis of an incomplete affidavit submitted by a single person, alleged members of the affected Golden Key Depositors Association at a press conference recently. They said usually a person submitting an affidavit should finally mention the relief prayed by him or her in it, but in this case, an affidavit which did not list the relief prayed had been accepted by the Chief Justice.

The depositors who attended a recent media event in Colombo alleged that the Chief Justice in writing granted permission for them to make individual submissions in the case when they sought such relief through a petition, an affidavit and motion, but most surprisingly, she later refused such permission as the case proceeded.

They said at that stage, the Chief Justice told them that the order in the case would apply equally to all and tried to block individual submissions ignoring the written permission granted by her earlier. Further explaining this matter, a member of the Golden Key Depositors Association said “various parties are misleading the public about this case by issuing various statements.

Aren’t Attorney’s Wijayadasa Rajapaksa, Srinath Perera and Anil Perera who are appearing on behalf of the Golden Key Company the very same persons conducting protest campaigns against the Impeachment Motion facing the Chief Justice.

“If there is no proper administration of Justice forthcoming from the Judiciary we have to seek help from the supreme legislature as a final resort. Therefore I propose that the government should intervene and do justice to the affected depositors of the failed Golden Key Finance Company.”

“If Lalith Kotelawala can pay millions of rupees to retain lawyers why can’t he instead use that money to repay us depositors our dues. But instead he is living in luxury today be breaching all his bail conditions. Granting a long term visa for Cecile Kotelawala to live in England inspite of an open warrant for her arrest is another puzzle.

“I firmly believe that the Government will pay attention to our grievances and do some justice to us.”

“Although we come from distant remote areas we attend each and every hearing in this case. Already nearly 20 of our members are dead and another 110 are in a critical health condition. This is a very sorry plight.”

“Therefore, I humbly request the President to intervene in this matter and do justice to us,” he said.

2 Responses to “Golden Key Depositors Association alleges: Cj took over GK case on single affidavit- ‘Tried to block individual submissions’- ‘Affidavit which did not list the relief prayed accepted in spite of it’”

  1. douglas Says:

    Jeevani Pathirana – I request your comments on the following:

    1. “The Supreme Court (consisting of Hon. Justice Thilakawardene, Hon. Justice Sripavan and Hon; Justice Imam made inter alia the following order on 6-05-2010:-

    “……. The properties to be disposed would be: (1) Pioneer Tower (Head Office buildig) (2) Trillium residences (sale of housing units) (3) Celestial Residences” – This means that from 6-05-2010 the properties mentioned above were excempted from the claims of the depositors. So the question is:- Can anyone be blamed for buying the housing units of these properties? Also who made this order and what were the “Lawyers” for the depositors doing? Did they at least demand that this money, derived from the sale, be credited to a “TRUST FUND” to be made use of to meet the claims of the depositers?. (NOTES: 1. Dr. Shirani Bandaranayake was appointed the CJ on 18 the May 2011, exactly one year later from this SC Order. 2. It was after this order that even former CJ Hon.Justice Asoka de Silva purchased a housing unit at Trillium Residences.)

    2. In regard to the taking over of this case – “Goldeer Key” this is what CJ said in her interim reply: Quote

    ….On 23-08-2011 a motion was filed asking that the matter be heasrd by a bench of 5 judges. This motion was submitted to our client (CJ), who made order that the motion be supported before the bench which sat on 29-06-2011, which was Hon.Justice Thilakawardene, Justice Ekanayake and Dep P.C.J.”. “In the circumstances it isi incorrect to allege that our client wrongfully took over the case”

    3. As regards wife of Mr. Lalith Kotalawala, Mrs. Cecile Kothalawala’s visa to England? Who granted this visa to her ignoring the “open warrant” for her arrest and also Interpol has been alerted? Why this “Golder Key Depositors Association does not question this from the authorities? Has the Government of Sri Lanka taken steps to extradite”her to Sri Lanka to face the charges? If that is not done (I presume) why the Depositors Association and its lawyers are silent?

    4. In relation to this case, The Depositors Association is well aware that there is a “Committee of Chartered Accounts” appointed to work out details of disbursements to the grieved depositors. Each one of them is paid a monthly allowance of Rs. 200,000.00. What have they done so far? How long they have been on this job and how much monthly allowance, in total they have been paid? Are the depositors and their Lawyers not concerned about the huge sum paid to them upto now?

    Can you please educate us on the above isssues so that we can form our opinion. Please note the quoted paras 1 & 2 are from the interim reply of the CJ. and that is not in any way to express my agreement so far.

  2. NeelaMahaYoda Says:

    Douglas
    You may have to wait for complete PSC report to explain all your points including Hon.Justice Asoka de Silva reply to this allegation.

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