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.
Lord Naseby asks why Adele not prosecuted in UK for child recruitment
Lord Naseby President of the UK all party British-Sri Lanka Parliamentary group has questioned the failure on the part of the UK to prosecute senior LTTE leader Adela Balasingham, wife of the outfit’s late theoretician Anton Balasingham. Lord Naseby said that Adele, who had been involved with the LTTE for several decades, was responsible for recruitment and deployment of child soldiers.
The following is the text of the statement issued by Lord Naseby in response to the UK statement at the Human Rights Council by Lord Tariq Ahmad on Feb 25:
“I am astounded how the UK or any other Member of the Core Group can possibly welcome the High Commissioner’s so called ‘detailed and most comprehensive report on Sri Lanka’ when it is riddled with totally unsubstantiated allegations and statements completely ignoring the huge effort to restore infrastructure and rehouse displaced Tamils and Muslims, who lost their homes due to the Tamil Tigers.
“Furthermore, I question how the UK Government knowingly and apparently consciously withheld vital evidence from the despatches of the UK military attaché Col. Gash. Evidence I obtained from a Freedom of Information request, resisted by the Foreign Office at every stage for over 2 years. These dispatches from an experienced and dedicated senior British officer in the field makes it clear that the Sri Lankan armed forces at every level acted and behaved appropriately, trying hard not to harm any Tamil civilians who were held by the Tamil Tigers as hostages in a human shield.
“This conscious decision totally undermines the UK‘s standing as an objective Leader of the Core Group; made even worse by the impunity for not prosecuting the LTTE leader living in the UK, largely responsible for recruiting, training and deploying over 5,000 Child Soldiers – a real War Crime. It is time that the UK Government acknowledges and respects the recommendations of the Paranagama Commission, which involved several international expert advisers, including from the UK – Sir Desmond de Silva QC, Sir Geoffrey Nice QC, Rodney Dixon QC and Major General John Holmes. Sri Lanka and the UK should be honouring the recommendations of the Paranagama Commission, which provides real evidence over all the years of the conflict, rather than just focussing on uncorroborated claims during a few months in 2009, only when the war concluded.
“Furthermore, the criticism of the way Covid has been handled with no burials for anyone based entirely on scientific advice at a time when there was no advice from WHO shows no understanding. Following the scientific advice from WHO and Sri Lanka’s scientists, burials are now permitted. The UN ignores the fact that only about 400 people on a population of 22m have sadly died in Sri Lanka, whereas no less than 120,000+ have died in the UK with a population of 66 million. By any yardstick Sri Lanka has been more successful at saving lives than any member of the Core Group.
“It seems to me that the Core Group needs to have more faith in the reconciliation structures already on the ground such as the Office of Missing Persons and the Office of Reparations. If the UN Core Group really wants to help, then why cannot the UK, Canada and Germany release to Sri Lanka the names of all asylum seekers since the war so that they can be checked against the list of Missing Persons and be removed from the master list?
“During the period of the Sirisena/Wickremesinghe government, draft legislation for a Truth & Reconciliation Commission was prepared and the current government should be given the time and space, whilst also handling the pandemic, to introduce its own TRC mechanism. Britain should stand in solidarity with the people of Sri Lanka as a unique TRC is developed and is implemented. Reconciliation cannot be externally forced on to the people of Sri Lanka. It must come from within and I would also urge the diaspora communities living in the Core Group countries to also trust, engage with and contribute towards Sri Lanka’s reconciliation processes.
It is for Sri Lanka to decide how much help they seek from outside but for me I doubt the need or the efficacy of the UNHRC being able to help in an enhanced monitoring role as proposed.”
SJB finds fault with recommendations of political victimisation PCoI
By Saman Indrajith
The SJB yesterday found fault with the Presidential Commission of Inquiry that investigated incidents of political victimization for arrogating to itself the powers of the judiciary.
Addressing the media at the Opposition Leader’s office, Chief Opposition Whip and Kandy District SJB MP Lakshman Kiriella said: “The Presidential Commission of Inquiry (PCoI) probing the incidents of political victimisation has usurped the powers of courts.
MP Kiriella said that PCoI or any one including the Executive should not encroach on the powers of the judiciary. The MPs had a right to stand against it. “We have a constitutional right to prevent this. As per the provisions of the Article 4 of the Constitution people have given their sovereign powers of exercising judicial power to Parliament. It is by parliament through the courts or any other tribunal accepted by the law the judicial powers are exercised. A presidential commission of inquiry has not been given powers of courts. The PCoI headed by retired Justice Upali Abeyratne arrogated to itself the powers of courts as per the recommendations the commission made in its report,” Kiriella said.
He said that the PCoI had recommended that cases pending before in the Magistrate and High Courts be stopped. “Victims have been turned into complainants and complainants into offenders. The PCoI has made recommendations to acquit those implicated in numerous offences. The commission has recommended that some of those who violated the laws be acquitted and compensated. A PCoI has no such powers. We have expressed our opposition to this. We actually have submitted a petition to the Chief Justice on Tuesday against the PCoI hijacking the powers of the court.”
The MP said that PCoI’s usurping of court powers was a serious matter that should be rectified immediately. “We have utmost faith in the judiciary of this country. Courts have maintained their independence very bravely in the face of many challenges. You may recall that when there was a constitutional coup in 2018 October, the court did not succumb to political pressure
and declared the ouster of our government unconstitutional. If the PCoIs are allowed to usurp the powers of judiciary then the public would lose their faith in courts.”
SJB MPs J.C. Alawathuwala and Harin Fernando also addressed the press.
Explosion of credit to private sector this year at low interest to ensure economic recovery – CB
A record Rs. 850 billion worth of credit would be given to the private sector by the Banks in 2021, CBSL’s Director of Economic Research Dr. Chandranath Amarasekera told the media yesterday.
The increase in the Private sector credit growth would be due to low interest rates, introduction of loan targets for selected segments of the SME sector and the increase in demand for credit as investor confidence booms, Dr. Amarasekera said.
CBSL had already commenced a dialogue with banks to iron out issues that might arise, he said.
Dr. Amarasekera said that the Standing Deposit Facility Rate will remain at 4.5% and the Standing Lending Facility Rate will remain at 5.5%. The Monetary Board decided to keep the policy interest rates unchanged considering the global and local situation, he said.
The Board also decided to keep interest rates low until the economy showed a sustainable recovery, Dr. Amarasekera said.
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