UNP makes its stand on move to impeach CJ and PSC powers

By Ashwin Hemmathagama

Our Lobby Correspondent

The Select Committee appointed to probe the move to impeach Chief Justice Dr. Shirani Bandaranayake has “no judicial capacity to enforce punishment, which is the key question that arises pertaining to the next step of the ongoing proceedings regardless of time constraints,” according to the main Opposition United National Party (UNP), which reiterated its general view on the Select Committee and its “cynical proceedings”.

Based on documents tabled at the Select Committee by Chief Opposition Whip in Parliament MP John Amaratunga and MP Lakshman Kiriella on 4 December 2012, the two replies from the Chief Justice by her letters dated 20 November 2012 followed by written submissions, four key elements were outlined yesterday, including “denial of the jurisdiction of the Select Committee, questioning the right of the Select Committee to exercise judicial powers, denial of the charges, and calling for documents”.

“Before the Select Committee can proceed further, the committee has to determine the procedure as to how the charges are to be proved. In Nevillle Samarakoon’s case there was only one charge and facts were admitted. Only the issue of law remained to be determined. The Chief Justice or her lawyers must be provided an opportunity to cross-examine witnesses and the documents collected. It is only then that the Select Committee has to determine whether the Chief Justice is required to disprove the charges. Furthermore, what is the standard of proof that is required? The Select Committee in Neville Samarakoon’s case held that the standard of proof required was very high. In addition the committee must adhere to the definition of misbehaviour as specified in Neville Samarakoon’s second Select Committee report,” said MP John Amaratunga.

“In Nevillle Samarakoon’s case the first Select Committee commenced its sitting on 17 April 1984 and took approximately three months having held six sittings before the conclusion. In the second Select Committee, the resolution was placed on the order paper on 5 September 1984. The committee commenced its deliberations on 11 September 1984 and held 14 meetings, which took another three months.

All-in-all the UNP strongly believes that the current committee will fail to finish its proceedings as expected and the proceedings should not be rushed under any circumstances,” he added, commenting about some speculation to limit proceedings to 30 days.

With the Chief Justice and her lawyers appearing before the Select Committee on 4 December several lacunas were reported. Transparency and the possibility to bring in independent observers, time constraints to cross examine witnesses and to file written submissions, and most importantly the possible influences on the committee decision due to the involvement of the two of its members – Minister of Construction, Engineering Services, Housing and Common Amenities Wimal Weerawansa and Minister of Fisheries and Aquatic Resources Development Dr. Rajitha Senaratne.

Chief Justice Bandaranayake and her lawyers are expected to reappear before the Select Committee this afternoon.