Will justice prevail? – Let the wigs remain untouched

BY Sugeeswara Senadhira-2017-08-28

"Not only must Justice be done; it must also be seen to be done." (Gordon Hewart, 1st Viscount Hewart, PC.), is one of the principles of fair play in the legal system that was first quoted in 1924, nearly a century ago. At the same time, one cannot but stress another legal maxim, "Justice delayed is justice denied" (W.E. Gladstone), which describes that if legal redress is available for a party that has suffered some

injury, but is not forthcoming in a timely fashion, it is effectively the same as having no redress at all.
The 8 January, 2015 election of Maithripala Sirisena to the office of Presidency came about because civil society and likeminded groups unified under a single umbrella to support a common candidate, primarily on the issues of widespread corruption and the need for justice and good governance,
together with abolition of an executive presidency to end the system that could lead to autocratic rule. The desire for change was palpable amongst people, and the new administration encompassed the optimism of democratic progress beyond party politics.

The first hundred days programme was indeed a turning point, as the President Sirisena sought to fulfil many of the pledges in his campaign manifesto delivering necessary reform and long-term structural changes – the establishment of the Constitutional Council, the passing of the Right to Information Act, and the formation of Independent Commissions are all noteworthy markers of a government striving towards democratic change and accountability. The passing of the 19th Amendment to the Constitution also partially reduced presidential powers through the adoption of a parliamentary system of government.

The August 2015 parliamentary elections consolidated the power of the parliament. However, it is more and more noticeable that the increased authority of parliament has failed to yield any substantial results, stalling the President in enacting his obligations to the electorate.

The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) and the Financial Crimes Investigation Division (FCID) were also set up as important mechanisms of transparency in the new government. However, CIABOC was shut down by the President last year due to inefficiency and a lack of progress. The President said that major cases of corruption or fraud were being swept under the rug due to unwarranted political influence and subservience by law enforcement authorities to the politically powerful. Furthermore, the postponement in the introduction of the National Audit Bill, which intends to enhance the mechanisms of state financial oversight, and the delay in the legally enforceable Ethical Code of Conduct for members of Parliament, also shows less progress has been made in addressing issues of corruption.

Two years on, civil society groups remain worried about the delay in results in addressing the past issues of corruption. The delays in the justice system have become a major public debate in recent months.

Clarifying the position and answering the questions about the integrity and commitment to transparency of the 'good governance' regime, President Sirisena said that he did not like the Attorney General's Department being criticized by anyone and those who criticize must leave alone the AG's Department to work in an independent and stress free environment."I don't see any oversight or mistake in the performance of the AG's Department", he said.

Meanwhile, Attorney General Jayantha Jayasuriya refuted media speculation and comments made by the former Justice Minister Wijeyadasa Rajapakshe that the AG's department was taken to task during a meeting with Prime Minister Ranil Wickremesinghe recently. "In fact it is I who requested a meeting with the Prime Minister. During the meeting which took place at 'Temple Trees' nothing which undermines the respect and integrity of the Attorney General's Department happened, he added.
Will brook no interference

President Sirisena, talking to media last week, said no one should intervene with the processes not only of the Attorney General's Department, but also of the special commissions appointed to inquire into certain issues.

The President said legal action will be taken by the Attorney General against the Central Bank bond issue once the report of the Presidential Commission appointed into investigate into the treasury bond issue is finalized."Unlike various other commissions, the special commission appointed to inquire into the bond issue is progressing well" he said.

The President said that unlike on previous occasions, people of the country have placed their confidence on the commission with the appointment of the Presidential Commission to inquire into the Central Bank bond issue. Further action will be taken by the Attorney General when the Presidential Commission's report on bond issue is furnished.

President Sirisena also emphasized the fact that the government's ability for fair play has won kudos from the international community. "If there was no regime change in 2015, the global community, the US and EU would have imposed trade embargoes against Sri Lanka and political and military leaders would have taken before International Criminal Court for war crimes. The Yahapalana Government was able to defuse that negative impact on Sri Lanka and no country or international agency now talks about Sri Lanka's war crimes and electric chair."

The entire international community is friendly and respects Sri Lanka now. As a result of this positive global atmosphere, Sri Lanka has been able to regain GSP+ and remove fish export ban to the EU. "Though we have made a steady progress in the international arena, we have failed to put an end to corruption and waste" the President acknowledged.

The government also succeeded in obtaining a grace period of two years from March 2017 from the UNHRC to fulfil the undertakings of the resolution co-sponsored by Sri Lanka in Geneva.

While reiterating that there will be no international judges or lawyers in a domestic inquiry on the alleged violation of the International Humanitarian Law (IHL), President Sirisena said it is premature to talk about a domestic inquiry now.


The expectations of the people who elected the government of good governance is that it should show zero tolerance for corruption and distance itself from the wrongdoings of any politician or bureaucrat.