LAKMAL SOORIYAGODA   Courtesy The Daily Mirror

Colombo, Feb 08 (Daily Mirror) – The Bar Association of Sri Lanka (BASL), in a letter to President Anura Kumara Dissanayake, strongly emphasised that decisions of the Attorney General in criminal matters should not be subject to review by political authorities, including the Cabinet of Ministers. Such interference, the BASL argued, would undermine the independence of the Attorney General’s office, which is crucial for upholding the rule of law.

The BASL, one of Sri Lanka’s largest professional bodies, sent this letter to the President amidst controversy over the discharge of three suspects connected to the murder of Sunday Leader Editor Lasantha Wickrematunge and the President’s decision to summon Attorney General Parinda Ranasinghe (Jnr) for a meeting last Thursday (6).

The BASL expressed deep concern over media reports suggesting that the Cabinet of Ministers might consider reviewing the Attorney General’s decision regarding the discharge of the three suspects in the Mount Lavinia Magistrate’s Court related to Wickrematunge’s assassination.

The BASL urged President Dissanayake to ensure that there is no unwarranted interference with the Attorney General’s authority. It expressed confidence that the President would continue to protect the independence of key institutions, including the Attorney General’s office, which is essential for safeguarding the rule of law in the country.

The BASL’s letter, dated February 7, 2025, was signed by its President, Anura Meddegoda, PC, and Secretary, Chathura Galhena.

The BASL outlined that any decision to discharge or prosecute a suspect is subject to review by the apex courts within Sri Lanka’s legal framework.

While the Attorney General is a public official accountable to the public for his decisions, it must be noted that the Attorney General performs a quasi-judicial role in criminal matters,” the BASL stated. The Attorney General must decide whether to charge a suspect based on the evidence submitted by the investigating authorities, taking into account whether the material is admissible in law and whether there is a reasonable prospect of securing a conviction. The Supreme Court has held that decisions by the Attorney General are subject to judicial review. Such reviews can be sought through writ jurisdiction or the fundamental rights jurisdiction. Therefore, any decision to discharge or prosecute a suspect is subject to review by the apex courts under the law,” the letter added.

The BASL also noted the importance of public debate on decisions made by public officials in a democratic society. However, it emphasised that safeguarding the independence of these officials is equally critical. Judicial and quasi-judicial officers must base their decisions on the law, even when these decisions may not align with popular opinion.

In a letter to the CID Director dated January 27, 2025, the Attorney General outlined the decision not to pursue legal action against three suspects: Sergeant Prem Ananda Udalagama, a former member of the Army Intelligence Unit; Sub-Inspector Tissa Siri Sugathapala, a former Crimes Officer-in-Charge of the Mount Lavinia Police; and retired Senior DIG Prasanna Nanayakkara. This decision was linked to magisterial inquiry case number B/92/2009.

Meanwhile, the Daily Mirror, citing reliable sources within the Attorney General’s Department, revealed that the legal opinion on discharging the three suspects was unrelated to Wickrematunge’s murder. Instead, it pertained to the abduction of Wickrematunge’s driver and the disappearance of his field notebook.