Overview

JUSTICE DENIED is the true story of the journey of a judge of Sri Lanka through the maze of a judicial system that has far outlived its useful existence. The book begins in the year 1974 with the introduction of the Administration of Justice Law, which the author refers to as the tide in his affairs. The story then goes back to his childhood and travels forward as the author climbs the ladder of the hierarchy of the justice system in a country that had been under British colonial rule until independence in 1948. The book should be of interest to the student seeking a comparative understanding of the laws that exist in a country that had been influenced by the successive domination of three colonial powers since 1505, who had introduced their language, culture and religion to create a mosaic of law and legal practices. Sri Lanka's substantive law is rich in its variety. The ancient Kandyan Law which provides, among many other attractive features, incompatibility as the basis for dissolution of a marriage, can be described as a model piece of legislation for the present times. Roman Dutch Law which is the common law of the country is unique in the sense that this law is practiced today only in two jurisdictions worldwide -- Sri Lanka and South Africa. To the credit of British colonial rulers, the Kandyan Law was preserved under the Convention of 1815 and the Roman Dutch Law introduced by the Dutch, was recognized as the common law after the departure of the Dutch in 1796. Sri Lanka is in the process of recovering from a three decade long conflict with a group of terrorists, often described as the most ferocious and brutal the world has seen. This conflict impacted the lives of all Sri Lankans, as it did the author, who had tried several of these terrorists during his judicial career in the High Court. The book contains a judgment that he had delivered regarding the admissibility of a confession under the Prevention of Terrorism Act. In addition to terrorism, the b

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9781478708483

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Leslie Abeysekera has lived and worked through the hierarchy of the judicial system of Sri Lanka from 1974 to 1995. Having started as a Magistrate, he was a Judge of the High Court when he retired. He is a Master of Laws of the University of Colombo and has been a Vice President of the Commonwealth Magistrates and Judges Association for about ten years. After retiring from judicial service, he managed Legal Aid in Sri Lanka and worked tirelessly for the legal welfare of the prisoner. He sat as a commercial Arbitrator until his departure from Sri Lanka. He also wrote about the process of arbitration which he admired as an acceptable means of alternative dispute resolution, and taught the subject. He is married and has a son and daughter who live and work in the United States where he hopes to spend the evening of his life with his wife. He is proud to be the grandfather of four adorable grandkids.

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