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Senior ASG Sarath Jayamanne retires after 32 years as a top prosecutor
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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PCoI on Easter Sunday attacks:
By Shamindra Ferdinando
Attorney General Dappula de Livera, PC is not bound by recommendations made by the Presidential Commission of Inquiry (P CoI) into the 2019 Easter Sunday carnage, or presidential directives in that regard, according to authoritative sources.
They said that the AG couldn’t under any circumstances initiate legal proceedings until he had received the full PCoI report.
President Gotabaya Rajapaksa received the PCoI report on Feb 1. The President’s Office delivered a set of PCoI reports to Speaker Mahinda Yapa Abeywardena on Feb 23, a day after the report was presented to the cabinet of ministers. The Island raised the matter with relevant authorities in the wake of a section of the media reporting the PCoI recommending punitive measures against former President Maithripala Sirisena, Defence Secretary Hemasiri Fernando, IGP Pujitha Jayasundera, Chief of State Intelligence Senior DIG Nilantha Jayawardena, Chief of National Intelligence retired DIG Sisira Mendis and All Ceylon Makkal Congress (ACMC) leader and Samagi Jana Balavegaya MP Rishad Bathiudeen et al over the Easter Sunday carnage.
Sources pointed out that due to the inordinate delay in sharing the PCoI report with the AG, the department hadn’t been able to take preliminary measures required to initiate the proceedings. Sources said that a team of officers would take at least six weeks or more to examine the report before tangible measures could be taken.
With the AG scheduled to retire on May 24, 2021, even if the AG Department received the P CoI it would be quite a tough task to initiate proceedings ahead of retirement, sources said. However, in terms of the 20th Amendment to the Constitution enacted in last October, both the AG and the IGP could receive extensions beyond 60 at the President’s discretion.
Dappula de Livera received an Acting appointment as the AG a week after the Easter Sunday carnage whereas his predecessor Jayantha Jayasuriya, PC, was elevated to Chief Justice.
Responding to another query, sources said that the Attorney General two weeks ago requested Secretary to the President for a copy of the P CoI. However, the AG was yet to receive one, sources said. In spite of the AG not receiving a P CoI copy, the AG had instructed the IGP to obtain a copy of the report when he requested the police to complete investigations into the Easter Sunday carnage. The AG issued specific instructions after having examined police files pertaining to the investigations.
The IGP, too, hadn’t received a copy so far though some sections of the report were in the public domain.
Agriculture Minister Mahindananda Aluthgamage displayed at a live political programme on Derana a copy of the P CoI report he received at the cabinet meeting earlier in the day.
Sources said that the Attorney General’s Department couldn’t decide on a course of action in respect of the Easter carnage on the basis of a section of the report. In terms of the Commission of Inquiry Act (Section 24), the AG enjoyed significant powers/authority in respect of investigations; sources said adding that the Department urgently required both the P CoI report and police investigations report. The Attorney General’s Department has raised the delay in receiving a P CoI report amidst the Catholic Church attacking the government over the same issue.
Sources said that ministerial committee appointed to study the P CoI report couldn’t decide on how to proceed with the recommendations and the matter was entirely in the hands of the AG. Sources pointed out that the delay on the part of the government to release the report had received the attention of sections of the international media, including the New York Times. Public Security Minister retired Rear Admiral Sarath Weerasekera having met Malcolm Cardinal Ranjith at the Bishop’s House on Dec 8, 2020 said that the AG would get a copy of the P CoI report once the President received it. Minister Weerasekera said that the CID had handed over the relevant files after having completed investigations into eight blasts. Referring to the Parliamentary Select Committee (PSC) report on the Easter Sunday carnage, the former Navy Chief of Staff said that all such documents would have to be brought to one place and considered before initiating legal proceedings. Acknowledging that there could be delays, lawmaker Weerasekera said that on the instructions of the Attorney General a 12-member team of lawyers was working on the case. The minister vowed to expose the mastermind behind the Easter Sunday attacks. Investigations continued while some of those wanted were overseas, the minister said.
The minister acknowledged that the Attorney General couldn’t proceed without the P CoI report. Minister Weerasekera reiterated that once the President received the P CoI report, it would be sent to the Attorney General. The minister said that there were documents two to three feet high that needed scrutiny. The minister assured comprehensive investigation. The minister said that investigations pertaining to eight blasts had been completed and the reports handed over to the AG. However, the Attorney General had found shortcomings in those investigations.
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By Saman Indrajith
The Presidential Commission of Inquiry on the Easter Sunday bombings had failed to identify the mastermind of , the JVP said yesterday.
Addressing the media at the party headquarters in Pelawatte, JVP Propaganda Secretary MP Vijitha Herath said that the PCoI report had levelled accusations against former President Maithripala Sirisena, former IGP and head of intelligence for their dereliction of duty, shirking of responsibilities and not taking action to prevent the attacks and negligence. There were reference to the causes of the terror attacks and actions to be taken to avoid such attacks and the influence of extremist organisations. “However, there is no mention of the mastermind of the attacks, the handlers of the attackers and those whose interests the carnage served. It is also not mentioned whether there has been any foreign or local organisation behind those attacks. As per the PCoI report the attack took place as a result of culmination of extremism.
“According to the PCoI the extremist activities were a result of the prevailing political situation then. The entire nation was waiting to see who was responsible and who masterminded those attacks. The PCoI has failed to identify the true culprits responsible for the terror attacks. The report says that the leader of the suicide cadres killed himself in the attacks and it was a puzzle. That means those who are actually responsible for the attacks are still at large. The report does not provide exact details of the sources of the attacks. The PCoI had sittings for one year and five months. It summoned various persons and got their statements but it has failed to shed any light on the terror attacks. Everybody knows that the top leaders of the government and heads of security and intelligence establishments failed in their duties. Ranil Wickremesinghe was the second in command and he too is bound by the responsibility but the PCoI report fails to identify him as one of the persons against whom legal action should be instituted. The PCoI has treated Wickremesinghe and former President Maithripala Sirisena differently. We are not telling that this report is a total failure but we cannot accept this as a complete report. The PCoI handed over its report to the President on Feb 1. After 23 days it was sent to Parliament. Now, a copy of the report is there in the parliamentary library for the perusal of MPs.”
Herath said that the PCoI did not have powers to take punitive action. “It only has powers to name those responsible and recommend action to be taken against those named.
