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Judges should prevent their decisions being influenced by prejudices: CA judge
View(s):By Ranjith Padmasiri
Justice Damith Thotawatte
“As a judge it’s not possible to satisfy everyone as to a particular outcome and one must never attempt to do so. However, I have always believed in giving counsel appearing before me a patient hearing with an open mind. There had been many occasions that listening attentively to an argument has profited me,” Justice Thotawatte said, speaking during the ceremonial sitting held to welcome him and three other Justices to the Court of Appeal on Thursday (26).
“As a Judge of the High Court, I firmly believed that a judge should allow evidence presented to guide him to the ultimate conclusion and should not interfere with the presentation unless inadmissible or irrelevant,” Justice Thotawatte added.
He noted that during his time as a Judge of the High Court he always managed to leave his successor less cases than he initially took over. He thanked all the counsel, State counsel and the office staff of those courts who cooperated with him in order to achieve this.
Recalling his entry into the legal field, Justice Thotawatte stated that he does not come from what could be termed as a legal family, and “when I sat for the law entrance examination those long years ago, I did so more out of curiosity than any desire to pursue a career in the legal field. However, as I found the study of law much more interesting than what I was doing at the time, what was to have been a passing distraction became a lifelong undertaking,” he told the gathering.
| “Efficient and effective administration of justice” Addressing the ceremonial sitting, Attorney General Parinda Ranasinghe noted that the four justices being welcomed to the Court of Appeal have taken two different career paths representing two important, yet distinct, institutions tasked with the function of administration of justice. “These two institutions, the judiciary as well as the Attorney-General’s Department are tasked with the inherent duty to perform their functions while maintaining highest standards and ensure an efficient and effective administration of justice.” He added that the justices are leaving behind a rich legacy in those respective institutions, “where present and future generations can proudly look up to the commitment and dedication with which Your Lordships discharged duties and responsibilities entrusted to you.” Acting President of the Bar Association of Sri Lanka Anura Meddegoda, PC also spoke. | |
 Justice Gihan Kulatunga “Integrity and independence” The most important attribute of a judge is his integrity and independence. Both are required to maintain the rule of law, said newly appointed Court of Appeal Judge Gihan Kulatunga. Addressing the ceremonial sitting held to welcome him and three others judges of the Court of Appeal on Thursday, Justice Kulatunga explained that acting independently and treating everybody with equality was inculcated in him by his late father Justice K M M B Kulatunga PC. “For him right and wrong was clearly demarcated and their existed no gray area. The law was applied to everyone equally be it his own mother or son; friend or stranger.” Justice Kulatunga said he is certainly mindful of the onerous duty and responsibility to dispense justice so endowed upon him. “I will certainly endeavour to act impartially, fairly, and independently. In this pursuit I am conscious that I must hear courteously, consider soberly, answer wisely, and decide impartially. It is the discipline in life, habits and outlook that enables a judge to maintain his/her integrity to be impartial. To my mind, the main object of a judge’s function is to administer and do justice,” he stressed. “I have served the public service and the judiciary for 30 years of which 12 years as a judge of the High Court. Destiny has now decreed and thus brought me this far despite being victimised for doing what was right and maintaining my integrity and independence,” he remarked.
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