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Senior ASG Sarath Jayamanne retires after 32 years as a top prosecutor

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Senior Additional Solicitor General Sarath Jayamanne, PC, retires from service on January 16 after 32 years as a prosecutor with the Attorney General’s Department.

As a counsel, he figured in the prosecution of many landmark cases including the Hokandara murder, Katuneriya double murder, Tony Martin case, Kobeigane beauty queen case, Murder of High Court Judge Sarath Ambepitiya and Mirusivil massacre.

Jayamanne also served as the Director-General of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) at one time.

He is a lecturer in Evidence and Criminal Procedure at the Sri Lanka Law College, Faculty of Law University of Colombo and the Open University of Sri Lanka. The many top positions he has held in the public service reflects his versatility as a legal luminary.

Jayamanne has a Masters in Criminology and Criminal Justice from the University of Oxford, as well as a Bachelors in Science from the University of Sri Jayewardenepura. He was also the recipient of the prestigious Chevening and the Fulbright scholarships.

Many people are familiar with evidence relating to DNA, telephone and voice recordings in criminal trials. However, what remains largely unknown is that it was Jayamanne who was instrumental in introducing them to Sri Lanka, and making them a part of evidence led at trials.

With his background in both maths and science as well as law, he is known to look at every case from every angle. He has therefore been able to conclusively establish how a crime was committed, and why an accused is guilty by recreating the crime in the mind of the Trial Judge.

He has thus earned the reputation of being the master of cases involving circumstantial evidence, i.e. cases where there are no eyewitnesses. He shared his experience and expertise in this regard in his well-received maiden book, “Yali Mawena Aparadayak” (Crime Recreated) in 2015. The book launch was unique as it was done in Jayamanne’s signature style of combining law, arts and science.

Asked how he was at the forefront of conducting controversial and complicated trials, which ended up as landmark cases in Sri Lanka’s legal history, Jayamanne’s humble reply was that it was not because of any influence he had, but simply because he never says ‘no’ to an opportunity. This attitude was put to the test when he was asked to take on the role of Director-General of CIABOC, which he accepted with an open mind.

Within his three-year tenure there, he was able to launch Sri Lanka’s first ever National Action Plan for Combating Bribery and Corruption, which was a result of intense research and dialogue with public servants and the general public across Sri Lanka. This is not only a ‘must-have’ for any nation that wishes to eradicate bribery and corruption, but was also influential in Sri Lanka regaining the GSP+ concession.

This Plan was accompanied by four handbooks on the topics of Integrity, Gift Rules, Conflict of Interest, and Law Reforms (the Plan and the handbooks can be downloaded from the CIABOC website: www.ciaboc.gov.lk).

Jayamanne was the focal point for the United Nations Office on Drugs and Crime, which is the body tasked with implementing the UN Convention Against Corruption. This period was also used to foster and develop relationships with anti-corruption agencies in nations which have made great strides in the field, as well as create new posts in CIABOC for much-needed investigating officers and prevention officers.

He was also able to spearhead the drafting of a new law to govern Asset Declaration, and a Composite Law covering all areas of bribery and corruption; these are now with the Legal Draftsman’s Department.

Despite having so much on his plate, Jayamanne is an individual who is always willing to teach and impart all he can to society at large. His teaching was not limited to his time as a lecturer, where he taught thousands of students who are now lawyers, and he continues to do even now.

He has conducted numerous lectures for the Bar Association of Sri Lanka and Provincial Bar Associations, as well as the Police, and is a sought-after presenter of online lectures and media interviews.

One can be certain that he will be as much as a catalyst for legal development as he was while in the public service, or even more so.

Jayamanne’s last case before retirement was when he appeared for the Attorney General in the contempt of the Supreme Court case against SJB parliamentarian Ranjan Ramanayake on Tuesday.

The Supreme Court sentenced Ramanayake to four years of rigorous imprisonment after he was found guilty of contempt of Court under 105/3 of the Constitution of Sri Lanka.

Asked about his plans after retirement, Jayamanne said that he will continue to be involved in the criminal justice system.

“There are many options”, he added, without elaborating.



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Lanka enters new phase of prosecutions as hurdles clear

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MONETABRIEF –The prosecution of high-profile individuals from the former Rajapaksa administrations is set to escalate this month with the clearing of legal hurdles and administrative bottlenecks, according to officials involved in the process.

Former president Gotabaya Rajapaksa’s attempt to secure an order preventing his arrest in connection with the Easter Sunday massacre was turned down by the Court of Appeal on Thursday.

An overseas travel ban has been in operation against Rajapaksa since June, but the Criminal Investigations Department made no move to question him. He instead filed a writ application seeking an order preventing his possible arrest.

President of the Court of Appeal Rohantha Abeysuriya noted that the court would not interfere with the investigative process. Any attempt by the court would amount to an obstruction of the investigation.

In an unrelated case, the same court rejected an application by opposition legislator Dilith Jayaweera seeking the quashing of a contempt charge filed against him by the Fort magistrate. The charges against Jayaweera and a few other opposition politicians are expected to be taken up in the coming week.

Jayaweera and other opposition politicians — Wimal Weerawansa, Udaya Gammanpila, Sugeeshwara Bandara, and Asanka Navaratne

— were hauled up over their remarks relating to the arrest of Suresh Sallay, the former head of the State Intelligence Service.

SLPP academic Mahinda Pathirana is also charged over his public comments about Sallay’s arrest in February under the draconian Prevention of Terrorism Act.

Former president Mahinda Rajapaksa’s son, legislator Namal Rajapaksa, is already in remand custody following his arrest in connection with three cases of bribery and money laundering relating to the 2013 Airbus deal and the Krrish property development in Colombo.

Although Namal has been granted bail in the Airbus money laundering charge, he is in custody until October 13 over the bribery charge relating to the same Airbus transaction. His arrest is under a provision of the Anti-Corruption Act that does not allow a magistrate to grant bail unless under exceptional circumstances.

Meanwhile, his mother Shiranthi Rajapaksa, who had been asked to report to the Financial Crimes Investigations Division on September 24, was a no-show and was yet to return from Singapore.

She had travelled overseas on September 16, and a family spokesman said she was handed the FCID summons at the departure lounge of Bandaranaike International Airport just before she boarded a flight to Singapore.

At the time, the family spokesman said she was due to return in three days.

“We will see greater momentum in the legacy cases in the coming weeks,” an official involved in the prosecutions said.

“We have cleared the legal hurdles to press ahead with more arrests,” he said.

“We are working on a few administrative issues which will be resolved very soon.”

The controversial prosecution of former President Ranil Wickremesinghe is dragging on without him being formally indicted since his arrest in August last year. The Fort magistrate has listed the case again for November 11, when the Attorney-General is expected to report on his decision regarding action against Wickremesinghe.

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Police warn: Court evaders face property seizure

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Police have reminded the public that courts have the power to take legal action against individuals who evade arrest or remain in hiding after warrants have been issued against them.

Police said that under Section 60 of the Code of Criminal Procedure Act No. 15 of 1979, a court could issue a written proclamation requiring a person evading arrest under a warrant to appear at a specified place and time.

The proclamation must allow the person at least 30 days to appear before court, Police said.

If the person fails to appear even after the proclamation has been issued, the court may take further action under Section 61 of the Act.

This includes issuing an order for the attachment of the movable or immovable property belonging to the person concerned.Police issued the reminder highlighting the legal measures available against persons who deliberately evade arrest and remain in hiding after warrants have been issued.

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Nearly 20 Iranian tankers stranded off Lanka amid US sanctions

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Around 20 Iranian oil tankers are reportedly stranded about 15 nautical miles off Sri Lanka’s southwestern coast, with several vessels facing shortages of food, fuel and fresh water amid tightening US sanctions and maritime restrictions, The Wall Street Journal reported.

According to the report published on Thursday (1), US officials have in recent weeks urged Sri Lanka to prevent local vessels from supplying essential provisions to the tankers and their crews.

The report, citing Sri Lankan Government documents and companies involved in supplying the vessels, said the US had raised concerns over assistance being provided to the sanctioned tankers.

The situation follows the United States’ decision to reimpose a maritime blockade of the Strait of Hormuz in July, which has reportedly left dozens of Iranian and Iran-linked tankers involved in transporting sanctioned oil to China stranded near Asian countries, including Sri Lanka and Malaysia.

Most of the vessels are reportedly empty tankers that had previously transported Iranian crude to Asia, often through ship-to-ship transfers, before preparing to return to Iran for additional cargo.

The WSJ reported that the US Embassy had warned Sri Lanka in August that it was monitoring 19 Iranian tankers off the country’s western coast and had raised the possibility of secondary sanctions against companies providing services to sanctioned vessels.

Sri Lankan authorities have maintained that the vessels are located outside the country’s 12-nautical-mile territorial waters and that the Government is not providing them with logistical assistance.

Meanwhile, shipping companies told the WSJ that obtaining approval to supply essential items, including food, drinking water and fuel, as well as repair services, to the Iranian vessels had become increasingly difficult.

Separately, Reuters reported in late August that 27 sanctioned Iran-linked tankers were waiting off Sri Lanka without cargo.

The Trump administration has also imposed additional sanctions on Iran and warned countries and companies trading with Tehran of potential consequences, as Washington seeks to pressure Iran to make concessions amid the ongoing conflict.

Similar concentrations of Iranian-linked tankers have been reported off Malaysia, where waters have historically been used for ship-to-ship transfers of Iranian crude destined mainly for China.

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