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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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SL gets Rs 452 mn for saving ill-fated tanker: Rs. 3.4 bn asked for

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By Ifham Nizam and Rathindra Kuruwita

The Marine Enviro-nment Protection Authority (MEPA) yesterday received Rs. 452 million from London for having saved MT New Diamond, a super oil tanker that caught fire in the Sri Lanka’s territorial waters last year.

MEPA General Manager, Dr. P. B. Terney Pradeep Kumara told The Island that Rs. 442 million had come for the services rendered by the Sri Lanka Navy, MEPA and Rs. 10 million by way of a fine imposed on the Ship’s Captain.

However, Sri Lanka has to receive a much larger amount for the damage caused to the marine environment, Dr. Kumara said. Following the incident, Sri Lankan authorities filed charges against the Captain of the ill-fated vessel and made a claim for $2.4 million from the ship’s owners for the firefighting and pollution prevention efforts.

Twenty experts from the Universities of Moratuwa, Ruhuna and Sri Jayewardenepura submitted their recommendations as regards the damage to the environment, to the Attorney General. Based on the report, the Attorney General’s Department had asked for Rs. 3.4 billion (around USD 19 million) as compensation for environmental damage, the Coordinating Officer for the Attorney General, state counsel Nishara Jayaratne said.

Soon they would have discussions with the lawyers of the shipping agent concerned on compensation for environmental damage caused, she said.

Dr. Kumara, who is the former Head of the Department of Oceanography/Marine Geology of the Ruhuna University, said that the incident had caused deaths among marine species due to spillage of some toxic fuel from the vessel.

The MT New Diamond crude oil tanker was transporting 270,000 MT oil from the port of Meena Al Ahmadi in Kuwait to the Port of Paradip in India when a fire broke out in its engine room as the vessel was passing the eastern seas of Sri Lanka on September 3, 2020.

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PSC on gender equality meets for the first time

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State Minister, Fernandopulle flanked by two other PSC members

Special attention on microfinance

The Parliamentary Select Committee appointed to further gender equality, to investigate instances of discrimination against women and to present recommendations to Parliament, focused on microfinance loans that are currently affecting a large number of women in Sri Lanka, when they met for the first time in Parliament recently.

The meeting was chaired by the State Minister of Primary Health Care, Epidemics and COVID-19 Disease Control Dr. Sudarshini Fernandopulle.

It was also revealed that the Cabinet had approved the re-establishment of an institution to regulate Microfinance loans in Sri Lanka.

The MPs also discussed the role of the Select Committee. They decided that the primary role of the Committee should be to investigate women’s grievances and all forms of discrimination based on gender, including workplace violence.

Another task before this committee is to examine and review laws that can be used to enhance gender equality, encourage relevant ministries and authorities to formulate plans to further gender equality and to allocate financial resources.

The Committee will also try to encourage greater women’s representation in decision-making bodies at the national and provincial levels as well as in government, civil society and the private sector.

MPs Rohini Kaviratne, (Dr.) Harini Amarasuriya, M. Udayakumar, S. Sritharan, Rohana Bandara and the Secretary to the Committee, Deputy Secretary General and Chief of Staff of the Parliament Kushani Rohanadheera were also present at the meeting.

 

 

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A/L Examination from October 04 to 30

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The 2021 GCE Advanced Level examination would be held from October 4 to 30, Education Minister Prof. G.L. Peiris said yesterday addressing the media at his Ministry.

Minister Peiris said the examination was earlier scheduled to be held in August.

The Grade 5 scholarship examination would be held on October 03 and the 2021 GCE Ordinary Level (O/L) examination in the last week of January 2022, the Minister said.

“Usually, schools are open for academic activities for around 200 days a year. But in 2020, schools were open for about 150 days. It was around 130 days in the Western Province. We were not able to fill this gap with online classes due to lack of internet facilities in many parts of the country,” he said.

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