‘CID tapping HC judge’s phones, hacking e-mail’:

President ready to order a probe

by Shamindra Ferdinando-October 9, 2016

President’s Counsel Hemantha Warnakulasuriya yesterday told The Island that he had received an assurance from President Maithripala Sirisena that allegations that Colombo High Court Judge Shiran Gunaratne’s telephones were tapped and his e-mail hacked by the CID would be investigated once relevant authorities received a complaint.

PC Warnakulasuriya revealed that President Sirisena was seriously concerned about the revelation made by him at the Bar Council with regard to HC judge Gunaratne’s issue and phoned him in the wake of former President Mahinda Rajapaksa referring to the incident outside the Colombo Magistrate Court on September 30.

Responding to criticism that he hadn’t so far lodged a complaint with the police in spite of going to the media, Warnakulasuriya emphasized that HC judge Gunaratne had officially complained to Chief Justice K. Sripavan as well as the High Court Judges’ Association (HCJA). "When HC judge Gunaratne orally complained to CJ Sripavan, the latter wanted him to make the complaint in writing."

Warnakulasuriya said that in view of HC judge Gunaratne’s written complaint, the government could initiate an inquiry.

Justice Minister Dr Wijeyadasa Rajapakse, PC, yesterday told The Island that he hadn’t received a complaint in that regard so far. Minister Rajapakse said that during Oct 4 sessions in Parliament he had said the matter could be brought to the notice of the police.

In his complaint to CJ Sripavan and the HCJA, judge Gunaratne has alleged that his telephones had been tapped; his email hacked and he was being vilified by a section of the media including some web publications for carrying out his duties and functions as a member of the judiciary.

A delegation of HCJA is expected to meet CJ Sripavan today (Oct 10) in this regard.

Having resolved to support any steps HC judge Gunaratne would take against those who had been harassing and defaming him, the HCJA was pursuing the matter vigorously, Warnakulasuriya said.

Asked whether he had spoken on behalf of HC judge Gunaratne because the latter had cleared former UPFA MP Duminda Silva of all charges pertaining to the killing of former PA MP Bharatha Lakshman Premachandra,

Warnakulasuriya said, "Health Minister and Cabinet spokesman Dr Rajitha Senaratne has recently alleged those accusations were made after my failure to successfully defend Duminda Silva. Warnakulasuriya said that he had not represented the former MP though an attempt was being made to establish a relationship among HC judge Gunaratne, Duminda Silva and him.

HC judge Gunaratne pronounced that the accused were innocent and should be cleared of all charges while Judges Padmini Ranawaka Gunathilaka and M.C.G.S. Morais issued the death sentence to Duminda Silva and four others.

The Trial-at-Bar found the accused guilty with its President, Judge Gunaratne dissenting.

Warnakulasuriya said that in the run-up to delivery of the judgment on Sept 8, 2016, the Criminal Investigation Department (CID) had tapped HC Judge Gunaratne’s telephones and hacked into his email following reports that one of the judges would acquit the accused.

When The Island pointed out that he had represented Duminda Silva at the Magistrate’s Court, Warnakulasuriya said that he was among the lawyers retained by the accused. "However, when the case was taken up at the Colombo High Court, I was not retained by the accused.

Therefore, I never appeared before HC judge Gunaratne on behalf of Duminda Silva. In fact, I don’t even really know judge Gunaratne though spoke with him once at a funeral."

Warnakulasuriya emphasized that having repeatedly assured good governance and accountability at two national level polls in January and August, 2015, the government couldn’t afford to allow the police to intimidate the judiciary. Warnakulasuriya alleged that an influential section of the police and the media had been working overtime to harass the judiciary. Anyone having a dissenting opinion could be branded as a Mahinda loyalist and mercilessly targeted, the President’s Counsel said.