Bar Association writes to President over interference in Lasantha’s murder case

Warning that political interference will damage the rule of law, Bar Association of Sri Lanka (BASL) has written a letter to the President, who has taken steps to summon the Attorney General in the face of public protest against the release of three accused in the Lasantha Wickrematunge murder case.

The government spokesperson had announced in the mid of last week that the Attorney General's decision to release the three accused military-policemen would be reviewed.

"The BASL is firmly of the view that decisions of the Attorney General in criminal matters should not be reviewed by the political authorities including Cabinet Ministers," says a strongly worded letter signed by the Chairman Anura Meddegeda PC and Secretary Chathura Galhena AAL. It stresses that such reviews undermine the independence of the Attorney General's office, which is crucial to the rule of law.

"No political interference" Bar Association

The Sri Lanka Bar Association urges the President to ensure that there is no unnecessary interference in the exercise of the powers of the Attorney General. It also indicates that it will help in protecting the independence of important institutions including the office of the Attorney General, which is essential to uphold the rule of law.

On the 27th of last month, the Attorney General wrote to the Director of the Criminal Investigation Department (CID) requesting the release of - Tissasiri Sugathapala, Prasanna Nanayakkara and Prem Ananda Udulagama - the three named as suspects in the case B92/2009 related to the killing of Lasanta Wickrematunga, which was heard for more than 10 years before the Mt. Lavinia Magistrate's Court. After the letter was leaked, Cabinet Spokesperson Dr. Nalinda Jayatissa responded to journalists saying that the government is to review the decision of the Attorney General.

"The government is studying the decision of the Attorney General. We are ready to make a statement in the future. This is a question about the country's democracy and law; that the people are waiting for."

Rejecting the government’s viewpoint, BASL has presented legal facts to point out that any party aggrieved by decisions taken or directives issued by the Attorney General, the only action that can be taken against it is to request a writ before a higher court or to file a fundamental rights petition and present the facts. Otherwise, the Association also points out that there are no legal provisions to politically review the decisions of the Attorney General. Journalists who visited the Attorney General's office with lawyers on Thursday (6) following a street protest denouncing the AG’s order, have also been instructed to go to court.

Tharindu Jayawardena of the Young Journalists Association (YJA), told journalists that the Attorney General's Office informed it was not obliged to answer either to victims or citizens.

President Anura Kumara Dissanayake, who had summoned the Attorney General on Friday (07) following public anger, was told by the Attorney General and other officials that the suspects had to be released due to the flaws in the police investigations.

The Attorney General’s officials have also pointed out that the AG Department is an independent institution and that it is inappropriate to interfere in its affairs.

The new government's Public Security Secretary, Ravi Seneviratne, the Deputy Inspector General of Police in charge of the CID, who led the investigation into Lasantha's murder, had also participated in the discussion. Neither the government nor the Attorney General's Office has disclosed any comments he made regarding the investigation.

Released due to CID investigation errors

Following that meeting, the Attorney General's Department had stated that the recommendation to release the suspects in question was made due to flaws in the investigations conducted by the Criminal Investigation Department (CID).

“Based on the facts presented and the legal weaknesses that arose in relation to those identifications, it was decided to release them due to the lack of sufficient evidence to file criminal charges,” said a statement issued on behalf of the Attorney General, signed by Administrative Officer State Counsel Angelo Van Hoff.

The Bar Association of Sri Lanka that has consistently condemned the questioning of the position taken by the Attorney General's decision to release the said suspects, whether by political or external parties, states that the BASL considers it to be an attack on the rule of law.

“Whilst public debate on decisions made by any public functionary is a vital element of a democratic society, the need to safeguard the independence of these functionaries is equally important. It must be understood that judicial officers and quasi-judicial officers have to take decisions according to law, which sometimes may not necessarily reflect the popular view.” the Bar Association of Sri Lanka has reminded the President.

Ahimsa Wickramatunga, the daughter of murdered journalist Lasantha Wickrematunga, had written to the Prime Minister requesting to impeach him before Parliament and seek his removal from office.

“I could not be more grateful to President Anura Kumara Dissanayake for his ceaseless attempts to hold the Attorney General to account. However, it should not be the job of the head of state to brandish a fire extinguisher and chase behind an Attorney General who is running around with a box of matches.”

Responding to her letter in Parliament, Prime Minister Harini Amarasuriya said that every possible step will be taken to ensure justice was served and that she was prepared to initiate new investigations if necessary.

The Attorney General's Department statement has assured that if new evidence is discovered, there is ‘no obstacle in considering the filing’ of criminal charges.

Pointing fingers

For the past couple of months, the Attorney General's Department and the Criminal Investigation Department of the Police have been accusing each other over the progress of investigations into recent high-profile crimes, and the President too had alleged that the delay in filing cases is due to the inefficiency of the Attorney General's Department.

A senior counsel, who requested anonymity, said since both the Criminal Investigation Department and the Attorney General's Department have clear responsibilities in criminal cases, neither party can escape the responsibility of not allowing criminals to escape.

Following the controversy in the role of the AG in filing cases and the political intervention, the Ministry of Justice had announced its decision to establish an independent prosecutors office.

This is in line with the National Peoples Power (NPP) election manifesto ‘A Thriving Nation, A Beautiful Life’ said the January 10 letter signed by Dilini Samanmalee, media secretary to the ministry.