The Young Journalists Association today sent a letter to the Minister of Justice requesting a change in the composition of the committee to be appointed to determine the basic structure of the proposed Independent Prosecutor’s Office to be established for the prosecution process.
The Young Journalists Association suggests that according to the current proposed committee structure, the majority of the members are officers who are or have been working in the Attorney General’s Department. Therefore, it is appropriate to expand the committee’s composition to instill public confidence.
Political sources commenting on this committee say that it would be important if a representative of the opposition leader was also involved in the preparation of such a bill. This is because the main opposition, the Samagi Jana Balawegaya, has also promised to establish such an independent prosecutor’s office.
The Young Journalists Association has also suggested that it would be appropriate to appoint a law professor as the chairman of the committee. The letter sent by the Young Journalists Association stating these points follows:
Attorney-at-Law Harshana Nanayakkara,
Minister of Justice and National Integration,
No.19, Sri Sangharaja Mawatha,
Colombo 10.
Dear Minister,
Establishment of an Independent Prosecutor’s Office
A highly controversial situation arose regarding the Attorney General’ Department’s decision not to prosecute three suspects in the Mount Lavinia Magistrate’s Court case No. 92/2009 regarding the murder of Sunday Leader newspaper editor Lasantha Wickramatunga.
We pointed out in the social media debates that arose regarding the ‘conflict of interest’ arising from the government’s own legal advisor filing such cases.
Accordingly, we, as the Young Journalists Association, are grateful for the government’s decision to move forward with the proposal to establish an independent prosecutor’s office as stated in the policy statement of the National People’s Power.
Your Ministry announced yesterday (10) that an expert committee will be appointed to prepare the basic structure for the establishment of an independent prosecutor’s office.
It is apparent that the proposed committee is an unbalanced committee. There are two representatives from the Attorney General’s Department and the Secretary to the Ministry of Justice, who has been named as another member, is also an officer who has served in the Attorney General’s Department for a long time.
Therefore, at first glance it appears the committee as an unbalanced committee. Therefore, we request that an independent and balanced committee be appointed. When appointing the relevant committee, we urge you to consider the following suggestions.
1) It is preferable to appoint a university professor with good knowledge of law as the chairman of the committee.
2) The Attorney General or an officer of the Attorney General’s Department nominated by the Attorney General.
3) The Secretary to the Ministry of Justice
4) A representative of the Legal Draftsman Department.
5) An attorney nominated by the Bar Association of Sri Lanka’
6) An attorney not nominated by the Bar Association of Sri Lanka but having sound knowledge of criminal cases.
7) A senior administrative officer with extensive knowledge of the public service.
8) A senior judge who has gone from the rank of Magistrate to the Supreme Court with sound knowledge of the said subject.
9) A High Court Judge.
10) A civil activist with knowledge and interest in this matter.
We further suggest that in appointing such an independent and balanced committee, it is important to discuss with the parties involved and interveners and to seek their suggestions for the transparency and stability of the committee.
Thank you.
Tharindu Jayawardena – Chairman
M.F.M. Fazeer – Secretary
Young Journalists Association
Email – [email protected]