The Bar Association of Sri Lanka (BASL) has raised concerns over a possible review by the Cabinet of Ministers over the Attorney General’s decision to release three suspects related to the murder of former Sunday Leader Editor – Lasantha Wickremetunga.
“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 the Cabinet of Ministers as that would undermine the independence of the office of the Attorney General, which is crucial to uphold the rule of law,” the BASL said in a letter to President Anura Kumara Disanayake.
The BASL said whilst the AG is a public functionary and as such is accountable to the public for his decisions, the AG performs a quasi role in respect of criminal matters.
“As such, the Attorney General has to decide whether or not to charge a suspect based on the material available and submitted to him by the investigating authority… In doing so, he will be required to consider whether such material is admissible in law and whether based on such material, there exists a reasonable prospect of a conviction, the BASL states.
“…we urge Your Excellency to ensure that there is no unwarranted interference with the exercise of the powers of the Attorney General and we trust Your Excellency will continue to protect the independence of key institutions including that the office of the Attorney General which is essential to protect the rule of law in our country,” the BASL further notes.
Sri Lanka’s Attorney-General Parinda Ranasinghe (Jnr) ordered the discharge of Premanand Udalagama, a former military intelligence officer, and Prasanna Nanayakkara, the then-DIG, who was remanded and bailed after evidence linking them to the murder and sabotaging the investigation. The decision has sparked widespread outrage.
