The Sunday Leader

All Are Equal But Abrew Is More Equal!

By Nirmala Kannangara

Former President Mahinda Rajapaksa and Supreme Court Judge Sarath de Abrew

The law is believed to be equal to all, but in the case of Supreme Court Judge Sarath de Abrew, it appears to be a different story.

According to evidence, this Supreme Court Judge has allegedly engaged in several criminal activities without action being taken against him. It has been alleged that the judge had acted with impunity in the past few years due to his close association with former President, now UPFA candidate for Kurunegala District, Percy Mahendra Rajapaksa.

While his previous misdoings have been ignored, the public outcry against incidents involving him have resulted in his removal from the Bench of the Court of Appeal from September 2010 and was confined to his chambers.

De Abrew was accused of abusing young girls. In addition, it has now been revealed that he had allegedly cheated the contractor who built his house for over one-and-a-half million rupees. The Sunday Leader will today report several incidents of alleged misconduct by de Abrew – the public can be the jury to the cases.

Many of de Abrew’s victims had sought justice from law enforcement authorities in the country, but justice was denied to them because the accused is a Supreme Court Judge.

However, after a 37-year-old mother of two was allegedly assaulted and raped by Justice de Abrew last month, necessary legal action was taken against him and the case is now pending at the Mt. Lavinia Magistrate’s Court.

According to the spokesperson of the Domestic Workers’ Association, the victim had sustained injuries to her head and neck after she was assaulted with a rifle butt by Justice de Abrew because she had tried to run away when her master tried to sexually abuse her.

Affidavit of the 15-year-old against Justice de Abrew
and Another affidavit accusing Justice de Abrew

“The victim had sustained serious injuries to her head and neck but now she is recovering. As she was getting threats, a certain civil group took her to their custody and is looking after her welfare until she is cured and gets a relief from the law enforcement authorities,” the spokesman said.

Justice de Abrew’s alleged sexual harassments on his own young relatives and domestic workers first came to light in 2003 when he had sexually abused one of his domestics from Bandarawela. When this domestic had rejected de Abrew when he had attempted to sexually abuse her, she was threatened that she would be arrested on a forged complaint.

Once again in 2010, de Abrew came into the limelight for allegedly raping a 20-year-old domestic in his residence. Unable to suffer the agony she had to face in the hands of the judge, the domestic had decided to flee three weeks after she was allegedly raped. Although she had tried to lodge a complaint in the Mirihana police, the complaint had been recorded only 24 hours after she had walked into the police station. The Mirihana police had not wanted to record a statement against a Judge of the Superior Court. After the complaint was lodged, she had to withdraw it due to death threats she had received from de Abrew.

For the second time in 2010, Justice de Abrew was once again accused of abusing a 15-year-old relative of his, who was studying at a leading girls’ school in Bambalapitiya.

The Sunday Leader is in possession of an affidavit given by the young victim and according to it, Justice de Abrew is an uncle of her mother and on his request her mother had sent her to his residence to be with his mentally handicapped daughter. She had been staying at this residence from 2007 to 2009.

The affidavit further states as thus, “From the time I went to stay at my mother’s uncle’s house, ‘seeya’ raped me from time to time. Once I refused to go to his room so he assaulted me and I broke one of my fingers. When my mother came to take me to a doctor for treatment, seeya and his wife Mala did not allow my mother to take me assuming I would tell her why it had happened to me. He also threatened to kill me if I told this to my family members”.

According to the affidavit, although the victim hid it from her mother, Madushanka, a police constable attached to Justice de Abrew’s security, had informed the mother about the pathetic situation her daughter was undergoing in the judge’s hands.

“As I could not face my mother, I informed what had happened to me to my Principal who was so kind to me and took me to the hospital to get a report to file action against seeya. However with his powers as a Justice, he swept the allegations levelled against him under the carpet,” the affidavit states further.

Meanwhile, the young girl had lodged a complaint with the Women and Child Protection Bureau against Justice de Abrew and in fear of him, had wanted Chandrasena, a relative of the judge and Chithrasena, the contractor of his house to help her find a safe place to stay.

“It was on her request that Chandrasena and Chithrasena had found her a hostel run by a nun,” a close relative of the young victim said on conditions of anonymity.

“When Justice de Abrew came to know that Chandrasena and Chitrasena were involved in hiding the victim to protect her from him, he had somehow found where she was living and had got her back from the boarding house promising to build a house for her on condition of withdrawing her complaint lodged at the Women and Child Bureau. He had further instructed her to lodge a complaint against Chithrasena and Chandrasena alleging that they abducted her from the Judge’s residence. Based on this complaint, the Kesbewa Police filed a case against the two in the Kesbewa Magistrate’s Court (No: BR 1886/10). In order to harass his neighbour Rohan Wettasinghe, who is a high ranking army officer, the young victim was asked to lodge a false complaint to say it was under his instructions a complaint was lodged against Justice de Abrew at the Women and Child Protection Bureau. As a result Wettasinghe’s name was also dragged into the alleged abduction case,” sources said.

However, as de Abrew failed to construct a house for the young girl as promised, she had submitted another affidavit to the Kesbewa Magistrate’s Court in October 2011 stating that the complaints lodged against Chandrasena, Chithrasena and Wettasinghe were done on the request of Justice de Abrew.

“When Justice de Abrew came to know that an affidavit had been given to the Magistrate’s Court, he panicked and gave some money to the young girl making her give another affidavit to say she was forced by the accused to submit an affidavit to the Kesbewa MC. However the case is still being heard and Justice de Abrew is using the powers vested with his office to harass the innocent,” sources alleged.

Meanwhile, D. G. Chithrasena of Dushan Associates, No. 96/2, W. A. D. Ramanayake Mawatha, Colombo 2, said how the then Judge of the Court of Appeal had evaded making payments to him after the construction of his house at 4/1, Attidiya Road, Ratmalana.

According to Chithrasena, an agreement had been signed between de Abrew and himself on January 31, 2009 to construct a two-storied house at 4/1, Attidiya Road, Ratmalana. However, de Abrew is alleged to have later violated the construction agreement thus causing Chithrasena to incur losses amounting to Rs.1.7 million.

Chithrasena also accused de Abrew of inflicting physical attacks on him and his workers and using Court of Appeal stationery to intimidate him.
“Not only did he violate the construction agreement within a few months but also kept on sending intimidating letters printed on his official letterheads. There is no reason for him to send letters on his official letterheads other than to scare us,” said Chithrasena.
Chithrasena also said how the police were biased and failed to get police protection when he was assaulted by de Abrew.

“On one occasion, when I was being assaulted mercilessly, my son called the police emergency number 119. Although they promised to come to the scene immediately, they never came. Later on, I lodged many complaints against the Judge with the police but none of these complaints were inquired into. The police are biased and I cannot expect an impartial inquiry by them. When I consulted a lawyer to find out whether I could get any relief if I resorted to legal action against the judge, I was told not to, as the result would be the same,” he said.

According to Chithrasena, de Abrew has abused him and his workers verbally and physically without any justification whenever he visited the construction site. “Things turned ugly when his abusive behaviour could not be tolerated anymore and as a result construction work came to a standstill on several occasions. This annoyed de Abrew and once instructed the Judicial Security Division (JSD) officers to assault my workers. On August 28, 2009 he slapped my chief carpenter and hurled empty plastic buckets at all the other carpenters who were working on the roof. He then turned his wrath on me and assaulted me mercilessly. I couldn’t even ask him the reason for his anger and since I had no other option I ran down the steps to escape from him. He then ordered his JSD officers who were downstairs to bring me to him. In the presence of his wife Mala de Abrew, he threw plastic bottles, glasses, chairs and whatever he found at me and caused me physical injuries,” Chithrasena claimed.

Chithrasena further noted how the duty police officer from the Mt. Lavinia police was assaulted with bricks and stones because he could not assault him (Chithrasena).

“It was the day of the Presidential Election 2010. De Abrew came to the construction site with duty officers from the Moratuwa police station and began to assault me for not keeping the gates locked. When I escaped from him, he then assaulted the duty officer from the Mt. Lavinia police with bricks and stones. He has even assaulted his own people on many occasions. He turns extremely violent frequently and cannot be stopped by anyone. Even his wife supports him in all these illegal affairs in fear for him,” Chithrasena claimed.

According to him, when he wanted his fee, de Abrew had wanted him to worship his wife Mala if he wanted to get paid half of the due payment.
“Many of my construction workers were once taken to his (de Abrew’s) estate in Elpitiya for his personal work and although they had been involved in heavy work for days, the workers were neither given any food nor were they paid. He even forcibly took my Isuzu tipper (registration number 48-0109) to the estate but did not pay the hiring charges and on another occasion used my lorry to transport his household goods to a house he had rented at No. 10, Susiri Place, Katubedda and ignored my hiring charges,” claimed Chithrasena.

Speaking further Chithrasena confirmed that accusations have been levelled against him and two others for an alleged abduction charges but refused to talk on the matter as the case is still pending in court.

When The Sunday Leader contacted the Supreme Court to speak to Justice Sarath de Abrew, the newspaper was informed that he was not in office. Although several attempts were made to contact de Abrew on his residential land phone and leaving a voice message seeking a comment, he did not return the call.

Meanwhile, the spokesman, Women and Child Protection Bureau said that to his knowledge, complaints have not been lodged with them against Justice de Abrew.

13 Comments for “All Are Equal But Abrew Is More Equal!”

  1. Polished

    This bast…d should immediately be removed from his position, convicted and put in Jail

    • NIMAL SARATHCHANDRA

      How about the world famous sexual phedophile, mr. Mangala samaraweera. This
      Famous homosexual is molesting and raping young boys. He is vital part of
      The corrupt homosexual regime of RANIL wickremasinghe whose
      Yahapalanaya has turned into a KOTIPALANAYA. The SUNDAY LEADER
      Is silent about mangala’s activities.

  2. sarath

    Thanks to Upul Jayasooriya and UNP there is no Law to deal with the conduct of CS and CA Judges. Even in so called 19A also had not included the necessary amendments this was revealed at the BASL meeting recently. therefore the media shall not ridicule the Judiciary by bringing matters where there is no solution or remedy.

  3. Maya

    This is one of the fw reason why MR should not be allowed to return. MR himself escaped many of his own wrong doing including the shooting at Mulleria election campaign in 1985 and so he tolerated these guys.

  4. Just Society

    It is distressing that a person of this notoriety was appointed to the bench at the highest level. The Government must ensure that full force of the law is applied to this individual without delay.

    There was no rule of law before January 8, 2015. It cannot be the situation now.

    Chithrasena must retain a gutsy lawyer immediately to commence legal action for payment in full.

    The Police Chief must initiate action against the officers who failed to act properly. Please do re-educate them of their obligation to act fairly now that good governance is emerging and the un-intimidatable police and the judiciary are the backbone of good governance.

  5. raj

    the picture proves the birds of a feather flog together. both share same values

  6. raj

    Even Singhalese cannot find justice to their own problem, how can then Tamils can expect justice from the same system?

  7. raj

    Former Yougeslavia’s president face war crime charges at international war crimes tribunal. At the same time a president of a country, who has committed a massacare according to UN is a free man. If the justice is same, how come this man has not faced any charges?

  8. raj

    If Rajapaksa is innocent, he should travel Canada or Briton or USA without immunity and proves in these countries that he is innocent. Will that be possible?

  9. Mihin

    I can see why this bastard go behind his domestics. For a face like his, no women will share bed with him even with lights off. How he got married is a miracle. His mother must have thought of sending him to Pansala to become a monk fearing no women will marry him. His behaviour is showing his weakness and for his luck Mahinda came to his rescue to have an ai… ai Judge to give verdicts to MRs favour

  10. Nawaz Dawood

    It is funny how did high sounding organization Domestic Workers Association had sprung in to action now. Is this association available for all the victims or only on selected candidates when they can shed mud on the officials of the former regime. Yes, we know the fiasco of Mangala Samaraweera on the media but there was no legal outcome. Media is tight lipped to say how many of Ranil Wickramasinghe relatives are running at this election. They do not say of t he infamous ITN was absorbed by the state when Shan Wickramasinghe (Ranil’s Brother) bankrupted the company. They do not say various government business was sold to his cronies for a song during his time. All this is done under the banner of Yahapalanaya. Even Fonseka who was promoted with fan and glory is running an election with his wife, former son in law as subordinates of an army with impunity when he is using his retirement resources of security and vehicles when they only point fingers at MR.

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