Lawyer diabarred for chewing court documents

By Lakmal Sooriyagoda   

The Supreme Court has ordered the disbarment of a female Attorney-at-Law after she pleaded guilty to tearing and chewing two pages of a case record at the Kekirawa District Court in 2023.  

Delivering its ruling, the Supreme Court held that the respondent’s conduct amounted to serious professional misconduct compounded by acts constituting multiple criminal offences. Acting under Section 42(2) of the Judicature Act, the Court directed that her name be struck off the Register of Attorneys-at-Law, effectively barring her from legal practice.  

The judgement was delivered by Supreme Court three-judge-bench comprising Justice Yasantha Kodagoda, Justice Arjuna Obeyesekere and Justice Priyantha Fernando.  

In addition to disbarment, the Court imposed a one-year term of imprisonment, suspended for five years, after finding the respondent guilty of contempt of court. The contempt charges were based on her continuing to engage in legal practice despite a prior suspension order issued by the Supreme Court. She was also directed to pay a fine of Rs. 25,000 within three months.  

The disciplinary proceedings were initiated following complaints that, on July 27, 2023, the attorney had torn two pages from a land case record, placed them in her mouth, and chewed them.  

A Rule was subsequently served on the respondent by the Registrar of the Supreme Court. Complaints had been lodged by the Kekirawa District Judge and Magistrate, as well as another Attorney-at-Law.  

It was revealed that the incident was linked to a dispute involving a lease agreement between the respondent and the spouse of the complainant attorney. The dispute had led to litigation in the Kekirawa District Court. During proceedings, the respondent had submitted two deeds allegedly bearing forged signatures of the complainant.  

Upon examination by the Government Examiner of Questioned Documents, the signatures were found to be forgeries. This prompted the complainant to lodge a complaint with the Special Crimes Investigation Branch of the Sri Lanka Police in Anuradhapura, leading to criminal proceedings before the Magistrate’s Court.  

It was during one such hearing that the respondent engaged in the act of destroying the documents.  

In his judgement, Justice Kodagoda observed the responsibilities of legal practitioners, stating that an Attorney-at-Law is not an ordinary citizen but a member of a noble profession entrusted with upholding the rule of law and assisting courts in the administration of justice.  

The Court further observed that the respondent’s actions, snatching the case record, tearing pages containing vital evidence, and destroying them constituted a flagrant violation of professional ethics and undermined the integrity of the judicial process.  

Senior Counsel Dr. Sunil Coorey with Nilanga Perera appeared for the Respondent.  

Deputy Solicitor General Sanjeewa Dissanayake with State Counsel Asela Wijesinghe instructed by Senior State  

Attorney Rizni Firdous appeared for the Attorney General. President’s Counsel Rohan Sahabandu with Chathurika Elvitigala and Sachini Senanayake appeared for the Bar Association of Sri Lanka.