Chief Justice’s questionable accounts, transactions:‘ACT AGAINST BANK THAT DIDN’T REPORT’
Posted on December 27th, 2012

Chaminda Perera Courtesy The Daily News

CJ faced obstacles in discharging duties with husband assuming political appointment

The Central Bank should take action against the bank which failed to report questionable accounts and transactions of Chief Justice Dr Shirani Bandaranayake, International Consortium of Government Financial Management member and former PERC chairman Nihal Sri Amarasekera said yesterday. He said banks should report such accounts to the Central Bank’s Financial Investigation Unit (FIU) under the Financial Transaction Reporting Act of 2006 and the Central Bank can take action against the bank’s failure to report such transactions to the FIU.

Amarasekera said the Chief Justice faced obstacles in discharging her duties with her husband assuming political appointment.

He said the Chief Justice should ensure that the appearance of absolute impartiality is maintained in all her duties.

“The Chief Justice’s husband accepting political appointment, gives rise to a danger of bias in hearing of cases by her,”Amarasekera said.

Referring to Chilian dictator Augusto Pinochet’s extradition case before the UK’s House of Lords, Amarasekera said the panel of Law Lords had to hear the case again as one Lord in the panel had a link with Amnesty International which had an interest in the case.

Lord Hoffmann was barred from sitting in the panel, he said. Referring to the Alfred Dreyfur case, Amarasekera said that public outrage prevented the truth being divulged and Dreyfur was imposed lifetime imprisonment.

Amarasekera said the real traitor was found several years after the public outrage died down. Dreyfus was a French artillery officer of Jewish background whose trial and conviction in 1894 on charges of treason became one of the most tense political dramas in modern French and European history. Known today as the Dreyfus Affair, the incident eventually ended with Dreyfus’s complete exoneration. Amarasekera said the Chief Justice who assumed office after swearing that she will protect the country’s constitution, cannot go against it when charges were leveled over her conduct under the same constitution.

“She cannot just walk out saying that the Parliamentary Select Committee (PSC) probing charges against her is illegal. The PSC process is constitutional,” he said. He said the PSC is not a tribunal where the accused and eye witnesses are cross examined by lawyers. Amarasekera said the PSC is an investigative body appointed by the Speaker.

He said President Mahinda Rajapaksa has no authority to appoint or remove the Chief Justice.

“The Constitutional Council has to approve the appointment of the Chief Justice. He or she can only be removed by Parliament,” Amarasekera said. He said certain parties question the legality of the independent panel of experts to be appointed by the President before a decision is taken in connection with the PSC report on the Chief Justice.

Amarasekera said the President decided to appoint this committee with a good intention.

He was of the view that the President can appoint a panel to advise him on any matter under the constitution.

3 Responses to “Chief Justice’s questionable accounts, transactions:‘ACT AGAINST BANK THAT DIDN’T REPORT’”

  1. Ashoka Perera Says:

    CJ is playing a drama that only third rate politico would resort to when found guilty of illegal transactions. Maybe the President, the Rajapaksa clan and the ruling coalition got many axes to grind on the dissenting behaviour displayed by the CJ since she was appointed to the high post bypassing many a senior contender. How dare she sat on benches that crossed her interests violating the impartiality in line with the oath she took? Running away from the challenge amounts to guilty verdict and its pay time Hon.CJ. Quoting from what Gota told Fredrica J over the phone. Shirani B, be careful, the aggrieved GK depositors will kill you if they have access to you for the scheme you subtly organised to deny justice to them.

  2. lingamAndy Says:

    Ashoka Perera , You mean…
    Shirani B, be careful the aggrieved Gota will kill you soon?

  3. Ashoka Perera Says:

    Re, lingamAndy,

    Look at the gravity of the CJ’s ugly behaviour towards GK depositor’s case. The ring of bandits lead by Kothalawala the kingpin made them paupers, who were once affluent investors. To date, three of them have committed suicide. That’s “Harakiri.” It’s only a matter of time before one turns himself into a “Kamikaze”. Gota need not involve himself in the act. Ground condition is quite applicable for a dejected depositor to take matters into his own hands.

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