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BASL fears for safety of its former head

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The Bar Association of Sri Lanka (BASL) has urged the government to take steps to ensure the safety of its former head Saliya Pieris, PC.The BASL says there have been organised protests in Colombo against Saliya Pieris PC, the Former President of the Bar Association of Sri Lanka, conducting his professional duties with regard to a particular client.

The BASL has said in a media statement: “We are of the view that the said protest, not only seriously hinders his right to represent a client, a professional right which has been safeguarded by law, but also an attack on the profession at large. In the case of Wijesundara Mudiyanselage Naveen Nayantha Bandara Wijesundara vs Sirwardena and Others (SCFR 13/2019), the Supreme Court observed that: “The first piece of legislation passed by the Parliament soon after the promulgation of the 1978

Constitution was the Judicature Act No. 02 of 1978. As the administration of justice in any civilized society cannot be effectively implemented without lawyers, the legislature in its wisdom, through the Judicature Act, established the legal profession.

“Thus, there is no dispute that the legal profession is a sine qua non for the due administration of justice in this country and for that matter in any civilized society. The said profession is essential for the maintenance of the Rule of Law and maintenance of law and order and its due existence is of paramount importance to the organized functioning of the society which is primarily the basis for the smooth functioning of the country as a whole.”

“Further, Section 41 of the Judicature Act which has clearly set out the right of representation, and, has further shed light on the above mechanism established for implementing the administration of justice in the country.

“Under Sri Lankan law, the right to legal representation is recognized and protected. This means that individuals have the right to be represented by a lawyer or other legal professional when facing legal proceedings. Our constitution specifically guarantees the right to legal representation in Article 13(3), which states that every person has the right to a fair trial and the right to be represented by a lawyer of their choice.

“In addition, the Code of Criminal Procedure provides for the right to legal representation in criminal cases. Section 260 of the Code states that an accused person has the right to be represented by an Attorney-at-law, and every aggrieved party shall have the right to be represented in Court by an Attorney-at-law.

“Similarly, the Civil Procedure Code also provides for the right to legal representation in civil cases. Specifically, Section 24 of the Code allows parties to be represented by lawyers or other authorized representatives in court.

Overall, Sri Lankan law recognizes and protects the right to legal representation, both in criminal as well as civil cases. Therefore, the Bar Association of Sri Lanka strongly demands that the authorities ensure that Pieris’ professional duties as an Attorney-at-law, are not hindered and, ensure his safety.”



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US$ 2.5 mn cyber heist exposes system failures

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COPF final report on USD 2.5 mn cyber fraud recommends action against all responsible

The US$2.5 million loss incurred during Sri Lanka’s foreign debt repayment to Australia was a clear case of a cybercrime and theft, Committee on Public Finance (COPF) Chairman Dr. Harsha de Silva told Parliament yesterday.

Presenting the COPF final report on the cyber fraud, Dr. de Silva said the incident amounted to a serious financial crime and called for a comprehensive investigation, by law enforcement authorities, to identify and prosecute all those responsible.

The report revealed serious governance, procedural and operational failures that enabled the fraudulent transfer of public funds, while recommending sweeping reforms to strengthen cybersecurity, financial controls and public debt management systems.

According to the report, officials of the Treasury and the Central Bank bore responsibility for governance lapses that contributed to the failures. It also highlighted the fact that the Ministry of Finance was operating an outdated Microsoft Exchange Server after security support had ended, while basic safeguards, such as multi-factor authentication, had not been implemented.

The COPF said suspicious payment instructions linked to debt repayments involving India, the United Kingdom, Germany and Belgium had also been detected, preventing further losses. However, the US$ 2.5 million fraud materialised only in the repayment transaction involving Australia.

The report has noted that officials had failed to verify lender email domains, relied on unverified email communications and lacked adequate internal controls, allowing the fraud to continue for months.

Although the investigation uncovered system-wide weaknesses across several institutions, only four mid-level Finance Ministry officials had been suspended so far, the report said.

The COPF has recommended a special audit of the foreign debt repayment process, strengthened cybersecurity measures across state institutions, updated financial regulations and improvements to public debt management systems.

by Saman Indrajith

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Opposition signs no-confidence motion against Justice Minister for dereliction of duty over Negombo Prison deaths

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Opposition and SJB leader Sajith Premadasa signing the no-confidence motion against Justice Minister Harshana Nanayakkara in the presence of Opposition MPs at the Parliamentary complex yesterday

Opposition Leader Sajith Premadasa, together with Opposition MPs, yesterday signed a No-Confidence Motion (NCM) in Parliament against Justice Minister Harshana Nanayakkara.The move comes in response to the unrest at the Negombo Prison, where both prison officers and inmates were killed.

Opposition members said the Minister had failed to fulfill his responsibility and accountability regarding their safety.According to the Opposition group, the NCM seeks to hold the Minister directly accountable for lapses in ensuring protection within the prison system.

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AG informs SC of e-visa agreement review  

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The Attorney General yesterday informed the Supreme Court that the government has decided to review the legality of agreements entered into by the previous administration to hand over the country’s electronic visa issuance operations to private companies.

Additional Solicitor General Viveka Siriwardena, appearing for the Attorney General, made the submission when the Supreme Court took up the fundamental rights petitions filed by former MPs President’s Counsel M.A. Sumanthiran, Patali Champika Ranawaka, and Rauff Hakeem, challenging the previous Cabinet’s decision to outsource the e-visa system.

The petitions were heard before a three-judge bench, comprising Chief Justice Preethi Padman Surasena and Justices Achala Wengappuli and Arjuna Obeyesekere.

The Additional Solicitor General informed court that the current Cabinet had appointed a subcommittee to examine the legality of the agreements with the private companies and requested time to report on its findings, stating that the review was still underway.

President’s Counsel Sumanthiran, appearing as one of the petitioners, told the court that although the present government had indicated its intention to cancel the transaction, the petitioners wished to proceed with the case.

He noted that members of the current Cabinet had been named as respondents in the petitions.The Supreme Court directed the petitioners to issue notice on the members of the current Cabinet, named as respondents, and fixed September 29 for further proceedings.

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