An incident like the Akuregoda murder should never repeat – BASL President–

We hear of various killings from time to time and the society has become sensitised to these occurrences and that’s not a good thing

It is always the relevant government which is in office that is responsible to ensure that such incidents don’t recur

In criminal matters you’re only a suspect and you have the presumption of innocence until proven guilty

In a lot of cases, suspects who are charged, indicted and go through a long haul of criminal process are often acquitted or discharged; which means that court confirms that you’re not a perpetrator and you’re discharged

The legal fraternity isn’t law enforcement. You cannot expect lawyers to go and tackle the underworld

The Bar Association of Sri Lanka (BASL) acts as the apex body for legal professionals, focusing on upholding the rule of law, protecting the independence of the judiciary, safeguarding and protecting human rights and defending the rights of its members.

Following the fatal shooting in Akuregoda, the BASL membership staged island-wide protests and refraining from appearing in all Courts throughout the country on February 16, while demanding the Government to act swiftly and bring perpetrators before the law. 

In a candid interview with the Daily Mirror, BASL President Rajeev Amarasuriya spoke about the history of attacks on lawyers, the need to amend laws and increase penalties for illegal possession of weapons, legal representation for perpetrators of crimes, the media’s role in covering crimes and violence and Government’s responsibility in curtailing the gun culture. Excerpts:

QThe recent murder of a lawyer and his wife was a blow to the legal fraternity in the country. Lawyers have been attacked in the past too. What are your thoughts regarding the occurrence of such incidents?

In the late 80s we had several instances where lawyers were murdered. Then we had High Court Judge Sarath Ambepitiya’s murder in 2004. Since then to 2026 we haven’t seen such an occurrence. That’s why we were shocked and gravely concerned about this particular incident which was unexpected. We hear of various killings from time to time and as a society we have become sensitised to these occurrences and that’s not a good thing. Soon after the recent occurrence we had a meeting of Members and one among the several decisions taken was to compel the government to take urgent and robust measures to bring an end to the culture of brutal killings and ensure public safety and security. You can’t kill lawyers, doctors, police, prison officers, business persons or others. This whole culture must end. It is always the relevant government which is in office that is responsible to ensure that such incidents don’t recur. There is also a larger issue. Weapons should only be with law enforcement agencies and those who are licensed. But if there are a large number of weapons accessible outside lawful sources, then the government must mobilise its resources to minimise this to the maximum possible level. 

Q Sri Lanka has a number of acts such as the Firearms Ordinance, Offensive Weapons Act with penalties as low as Rs. 25,000. Shouldn’t the government look at amending such acts to discourage people from committing crimes using such weapons?

Several groups and parties have reached out to us regarding this. The amendment of laws or upgrading laws take time. But increasing the penalties is not something difficult. With the spate of elephant killings, we have a subcommittee at the BASL and there was a proposal to increase penalties in the Flora and Fauna Protection Ordinance for instance. I have written to the President raising this matter of enhancing penalties and that it could be done as a first step. Similarly, with these weapons and firearms – the penalties can be increased with short amendments. 

On the other hand, if we look at our society, if you ask our senior citizens they would say that society as a whole was not like this 40-50 years ago. There has been a constant deterioration. Whether it has to do with competing for limited resources or to do with different lifestyles different from the past, which are more fast-paced, there has been a change. 

When society evolves, value systems can be affected, compromised or crumble. This has to be looked at holistically. You can’t blame a particular government because it has continued for some time. We have had insurrections and a civil war. Sri Lankan society hasn’t been a traditionally peaceful society because we have had uprisings in the 70s, 80s, a civil war and unfortunate events such as the Easter Sunday attacks. So we have seen violent incidents happening on a regular basis. The causes of these frequent uprisings and threats to public safety must be identified and addressed.

Soon after the recent occurrence we had a meeting of Members and one among the several decisions taken was to compel the government to take urgent and robust measures to bring an end to the culture of brutal killings and ensure public safety and security. You can’t kill lawyers, doctors, police, prison officers, business persons or others

Q Soon after the Akuregoda murder, the BASL staged a protest march and boycotted court proceedings nationwide. Some factions questioned whether it was appropriate for lawyers to take a decision of that nature. How was this decision perceived and was it successful?

This incident affected the entire community and we thought it was most appropriate to call a special meeting of the general membership. The last time we did this was in 2012 during the impeachment of former Chief Justice Shirani Bandaranayake. Staying away from Court was to raise our objections to the maximum possible level so that everyone would understand that this is not something which should ever repeat. This is not something strange to the legal profession. When I was in England in 2022, the Barristers were on strike for several days demanding that their prescribed fee levels were increased. The Bar will not use its entitlement to protest like this all the time. It was necessary and now by what we did this matter is of national discourse. We could have decided to refrain from work from the Executive Committee Level, but the fact this was deliberated and decided by the general membership made everyone own the decision, and this is one of the reasons that the refraining from work on that day was very successfully effected across the entire country. Actually given the circumstances, some Members even proposed that Members should stay away from work until perpetrators were apprehended. The Lawyers too were affected, they did not perform their professional work on that day and had forego their professional fees. But this was a matter of principle. 

 The amendment of laws or upgrading laws take time. But increasing the penalties is not something difficult. With the spate of elephant killings, we have a subcommittee at the BASL and there was a proposal to increase penalties in the Flora and Fauna Protection Ordinance for instance

Q Is it becoming unsafe and uncertain to engage in the legal profession with incidents of this nature?

I wouldn’t say that, but as seen there are risks. If there is a killing of a professional, one could say it’s a threat to all professionals. It cannot be generalised, but it happened and it could happen again. That is why we need to make arrest and somehow stop such incidents. 

Q Let’s talk about legal representation for perpetrators of crimes. How does this work according to Sri Lankan law?

There’s a legal right for everyone to have legal representation. In criminal matters you’re only a suspect and you have the presumption of innocence until proven guilty. In a lot of these cases, suspects who are charged, indicted and go through a long haul of criminal process are often acquitted or discharged; which means that court confirms that you’re not a perpetrator and you’re discharged. To that extent, the legal assistance and legal representation is necessary to maintain the system of administration of justice. For example, the prosecutor would be the Attorney General’s department prosecuting or if it is in the magistrate’s court it may be the police, the citizen on the other side is only a suspect and you are entitled to representation and it is your basic right and it cannot be taken away. 

 We could have decided to refrain from work from the Executive Committee Level, but the fact this was deliberated and decided by the general membership made everyone own the decision, and this is one of the reasons that the refraining from work on that day was very successfully effected across the entire country

QWhat are your thoughts about the trend of releasing CCTV footage and the role of the media when it comes to covering crimes and violent incidents?

BASL expressed the utmost displeasure with the public circulation and attempts of narrative creation through unverified information attributed as having been communicated by the Police. It is a basic principle that investigations must be confidential. Information in an investigation shouldn’t come out and it certainly shouldn’t be leaked to the media. Given the presumption of innocence, it is not fair by that person, he or she who is now being tried by the public by narrative creation. Even the Inspector General of Police has recently issued a circular saying that information shouldn’t be released. So law enforcement must be cautious and media must also be careful. What happens is that social media picks up and various details and even some graphic information is shared. Even we received some photographs of the lawyer and his wife. Quite apart from whether it is permissible, it is not morally correct to share such photographs. This cannot be condoned in anyway. When Andrew Mountbatten-Windsor was arrested, the Police’s press notice did not mention about an Andrew, a Royal and the communication was quite simple. It indicated that a male of a certain age had been arrested for the misuse of public property. This is how it should come out without revealing people’s identities and photographs of the person being taken into custody. If a photograph reaches media and social media of a suspect in custody, then there’s something wrong with the system. This affects the privacy of the individual. Some of these issues will be resolved when the data protection and privacy laws are in time enforced. Take the example of someone being acquitted after many years, but all that time, through media and social media such a person has been portrayed as a criminal. Just imagine the plight of the spouse, children, parents and family and imagine the trauma they will undergo. If we are going to be a mature society we need to understand these matters. 

Q Successive governments have failed to curb underworld violence resulting in murders happening in broad daylight. How could the legal fraternity come forward to assist the government at this juncture?

The legal fraternity isn’t law enforcement. You cannot expect lawyers to go and tackle the underworld. Even in more developed countries there are organized criminals who are frequent perpetrators of crimes. What is important is that it must be controlled and it must be the exception. It is a matter for law enforcement to be effective, efficient and expeditious. The norm should be, if there’s a crime being perpetrated, there must be high likelihood of the perpetrators, sooner than later, being apprehended and that they would be prosecuted and likely convicted. If that is set in stone, then not many people (unless you are extremely reckless) would want to perpetrate crimes of that nature. If one knows that you are going to most likely be apprehended and prosecuted, most will not partake in such activity. 

Q What kind of legal support is available for lawyers who are being threatened when engaging in their profession?

If we ever have intimation of such incidents we inform law enforcement and the police. Ultimately whether it is the President of the country or the poorest man, protection if objectively needed must be provided by law enforcement. It is also the duty of the state; you must never forget that the sovereign in Sri Lanka are its people. The President is our elected representative who heads the Executive. Members of the Parliament are those that the people elected. If any citizen has any fear or threat, it is that person, who is sovereign person, who is now requesting law enforcement for protection. Then the Police, if objectively satisfied that there is such a need, must without exception provide that protection. 

 When Andrew Mountbatten-Windsor was arrested, the Police’s press notice didn’t mention about an Andrew, a Royal and the communication was quite simple. It indicated that a male of a certain age had been arrested

Q The government says these incidents are not a threat to national security. But these incidents are a threat to human security. How should the government prioritise on this matter and ensure that everybody is safe? 

This is to do with public safety. But if it goes unaddressed and if it is allowed to escalate, then it can also become a threat to national security. So it’s a matter which has to be addressed without condition.