On February 4, the release of an official communiqué from Attorney General (AG) Parinda Ranasinghe, Jr. to the Criminal Investigations Department (CID), informing them of the decision to release three key suspects in the Lasantha Wickrematunge assassination case, sparked a firestorm on social media platforms.
In the letter dated January 27, the AG named former military intelligence official Prem Ananda Udalagama, along with former DIG Prasanna Nanayakkara and former Crime OIC Mount Lavinia Sub Inspector Tissasiri Sugathapala.
He directed the CID which had accused Udalagama of abducting Wickramatunge’s driver and Nanayakkara and Sugathapala of destroying crucial evidence, to now inform the court that no legal action would be pursued against the trio, allowing for their release. However, the letter did not provide any reasons for this decision which further fuelled the controversy.
This development came hot on the heels of Sri Lanka’s media industry observing the sombre Black January commemorations, which called for justice for crimes against journalists. Protests were swiftly organised and media organisations released statement after statement, demanding justice and even the removal of the Attorney General.
In an incident that dominated headlines throughout the week, the public witnessed passionate demands for justice, reassurances from the Government, statements from officials and renewed calls from activists in Sri Lanka for the setting up of an independent prosecution office.
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Decision, a deliberate obstruction of justice – Ahimsa Wickrematunge
The Cabinet Spokesman’s statement did not appear to satisfy Ahimsa Wickrematunge, daughter of slain editor Lasantha Wickrematunge. In response, she expressed deep outrage over the Attorney General’s decision to halt legal proceedings against three key suspects in her father’s assassination.
In a strongly worded letter dated February 6 to Prime Minister Dr. Harini Amarasuriya, Ahimsa called for the impeachment of the Attorney General, accusing him of gross abuse of power and dereliction of duty. She described the decision as a deliberate obstruction of justice, driven by institutional negligence and political interference.
She detailed how attempts to derail the investigation into her father’s assassination intensified after the Sri Lanka Podujana Peramuna (SLPP) Government came to power in November 2019. She further alleged that in 2020, the CID leadership manipulated case files to justify dropping all suspects from the investigation. She claimed the AG’s Department has now relied on these manipulated files to justify the release of key suspects, fostering a culture of impunity.
Despite her anger over the Attorney General’s actions, she also acknowledged the Government’s swift response in announcing a review of the decision, recognising the political risks involved. She commended President Anura Kumara Dissanayake for his efforts to hold the Attorney General accountable but insisted that systemic reforms were necessary to ensure a truly independent justice system.
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Govt determined to seek justice for Lasantha – PM Dr. Harini Amarasuriya
In a rare acknowledgment of a crime victim’s plea, Prime Minister Dr. Harini Amarasuriya assured Parliament on Friday that the Government remains unwavering in its commitment to securing justice for the family of slain journalist Lasantha Wickrematunge. Her remarks came in response to the impassionate letter from Ahimsa Wickrematunge, urging the Prime Minister to initiate impeachment proceedings against Attorney General Parinda Ranasinghe.
“I intend to respond to Ahimsa’s letter personally,” Amarasuriya said. “Our Government’s position on this case is clear, we are determined to seek justice for Lasantha Wickrematunge’s murder.” She emphasised that this stance has always been a core principle of her party.
Acknowledging Ahimsa’s concerns, the Premier expressed empathy for her plight. “I fully understand Ahimsa’s distress and the anguish she must be feeling at this moment. I want to assure her that we will do everything in our power to ensure justice is served.”
While reiterating the Government’s respect for the independence of the Attorney General’s office, Amarasuriya revealed that officials were actively exploring legal avenues, including the possibility of filing fresh indictments. She said that extensive discussions had taken place, including a meeting between the President and key stakeholders, to determine the next course of action.
Amarasuriya also confirmed that the Government was prepared to allocate a full day for a debate on the matter, signalling its commitment to transparency and accountability.
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Govt. will review AG’s decision – Cabinet Spokesman Dr. Nalinda Jayatissa
The first Government official to respond to the controversy and face a barrage of questions was Cabinet Spokesman Dr. Nalinda Jayatissa. Speaking to the media at the weekly Cabinet press briefing on Wednesday, he said the Government will review the recommendation made by the Attorney General.
Dr. Jayatissa confirmed that an official statement will be released following a thorough review of the Attorney General’s recommendation. He emphasised that the Government remains committed to transparency and accountability in the matter.
“The Government has no intention of sweeping this under the carpet,” he said.
Dr. Jayatissa assured that the case would be carefully reviewed and that justice would prevail. “We will ensure justice for the citizens of this country and uphold the people’s mandate,” he said, recalling that his party has consistently called for accountability in this and many other similar cases.
Responding to journalists’ questions regarding delays in other high-profile cases, Jayatissa denied any government interference. He attributed the delays to technical challenges in investigations rather than political influence.
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In 2018 SSC Janaka Bandara urged Court not to grant bail to the three suspects – YJA President Tharindu Jayawardane
Young Journalists Association President Tharindu Jayawardane led the opposition to the AG’s decision this week, organising a protest outside the AG’s Department. A large crowd gathered as the organisers handed over a letter to the AG’s office, expressing their discontent with the decision.
In the letter, Jayawardane referenced a 2018 request made by then Senior State Counsel Janaka Bandara, who urged the Mount Lavinia Court not to grant bail to the three suspects, citing sufficient evidence against them.
Bandara had informed the court that the suspects would be charged with concealing evidence and that any connection to the assassination would be revealed. Jayawardane expressed concern that the AG’s decision could set a precedent, allowing other suspects involved in concealing evidence in various cases to be released as well. He called the AG’s decision a serious matter and urged the AG to provide clarity to the public.
Following the AG’s Department’s press release, which explained the reasons for the release of the suspects in the Lasantha Wickrematunge murder case, Jayawardane acknowledged the statement as a positive step. Despite concerns over the reasons provided, he hailed the public explanation as a progressive move, contributing to the fight for a culture of accountability.
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Acquittals based on a lack of evidence – AG’s Department
Mounting public scrutiny over the Attorney General’s (AG) decision led to a high-level meeting on Friday between President Anura Kumara Dissanayake, the Attorney General, and officials from the AG’s Department. While Minister of Justice Harshana Nanayakkara did not disclose details of the discussion to the media, the AG’s Department subsequently issued a clarification—one that has been met with skepticism by Wickrematunge’s family, friends and activists.
In it the AG’s Department refuted recent media reports about the suspects, asserting that the investigation remains active and has not yet reached a conclusion. It clarified that the individuals stated in the AG’s letter to the CID Director on January 27, were not the same suspects originally arrested in connection with Wickrematunge’s assassination. The Department noted that certain media narratives surrounding the case did not align with the official investigation records submitted by the CID. The AG’s Department cited legal weaknesses in the identification process as a key factor in the decision.
The AG’s Department has asserted that all three acquittals were due to a lack of evidence. However, it also emphasized that criminal charges could still be filed if new evidence emerges, offering a glimmer of hope to those seeking justice.
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Review of decisions by political authorities could undermine AG’s independence – BASL
The Bar Association of Sri Lanka (BASL) also weighed in on the ongoing debate by sending an urgent letter to President Dissanayake on Friday.
In it the BASL expressed deep concern over media reports suggesting the Cabinet of Ministers may consider reviewing the Attorney General’s decision regarding the discharge of three suspects in the Mount Lavinia case (No. B 92/2009) related to the assassination of Lasantha Wickrematunge.
While acknowledging the Attorney General’s accountability to the public, the BASL emphasised that the AG’s role is quasi-judicial, requiring decisions based on the evidence provided by the investigating authorities. The BASL made it clear that the AG must determine whether the material presented is legally admissible and whether there is a reasonable prospect of conviction.
The BASL reaffirmed that the Supreme Court has held that the AG’s decisions are subject to review, either through writ jurisdiction or fundamental rights jurisdiction. However, the BASL strongly opposed any review of the AG’s decisions by political authorities, such as the Cabinet, as it could undermine the AG’s independence, a vital aspect in upholding the rule of law.
While public debate on decisions by public officials is essential in a democracy, the BASL stressed the importance of safeguarding the independence of judicial and quasi-judicial officers, who must make decisions according to the law, even when those decisions may not reflect popular sentiment.
The BASL urged the President to ensure that the Attorney General’s powers remain free from unwarranted interference, emphasising the critical need to protect the independence of the AG’s office to uphold the rule of law in Sri Lanka.
Calls for Independent Prosecution Office
As the situation stands, there are increasing calls from activists, media organisations, and the public for the establishment of an independent Public Prosecution Office.
This growing demand is further supported by reports, including the IMF’s September 2023 Governance Diagnostic Assessment, which highlighted concerns about the lack of independence in Sri Lanka’s prosecution system.
The IMF noted that the absence of an independent prosecutor has led to real or perceived weaknesses in the system.
The Asian Human Rights Commission has also long pointed to the dual role of the Attorney General, as the legal advisor to the Government and as the prosecutor, as a significant source of conflict that undermines the rule of law. This dual responsibility, as outlined in the IMF report, has been a point of serious criticism for many years.
Advocates said that establishing an independent public prosecution office would address these systemic flaws, ensuring greater accountability, transparency and fairness in the justice system.
