JICA-BASL project controversy: Some lawyers demand thorough probe

A group of lawyers, including a President’s Counsel has said that those under investigation in connection with funds received from JICA for a particular project should step down pending the conclusion of an inquiry undertaken by a five -member committee consisting of Dr. K. Kanag-Isvaran, PC, Dr. Faisz Musthapa, PC, Ikram Mohamed, PC, Rienzie Arsekularatne, PC, and Geoffrey Alagaratnam, PC.

The following is the text of the letter addressed to the committee with copies to members of the Management Committee and Executive Committee, BASL: We write as concerned members of the Bar, upon learning of your appointment by the Bar Council on 18th May 2024 to look into the very serious and perturbing allegations pertaining to the BASL project/activities funded by the Japan International Cooperation Agency (JICA) relating to promotion of transparent and competitive business climate (‘Anti-Corruption) in Sri Lanka, as a Committee of Inquiry.

We welcome your appointment, as we believe that the appointment of a committee of respected seniors in the profession to independently and impartially inquire into the matter, is an excellent first step to ensure full accountability and protect the moral authority of the association as an honest, responsible professional body that genuinely upholds propriety, transparency and integrity in all its dealings where any serious lapses tire credibly alleged to have occurred.

The matters you are accordingly entrusted with inquiring into, entail very serious allegations of misconduct against certain BASL Office-bearers.

Such allegations warrant thorough, detailed scrutiny with a view to holding all concerned/responsible persons accountable and responsible to the fullest extent. The level of accountability imposed by the association on those Found to have breached or fallen short of the relevant standards will determine the degree of credibility and public trust the association will enjoy both within and without the profession, hereafter.

In the given circumstances, we note that it is essential that no stone is left unturned to impose full responsibility, liability and accountability and that the recommendations made are objective and duly reflect what is warranted and merited in terms of facts exposed and findings made irrespective of persons and personalities involved.

Accordingly, we note that in order to preserve the said moral authority, credibility and public trust, detailed and reasoned findings in respect of each and every person allegedly concerned, are imperative for the association to be able to properly exercise its responsibility towards the Bar, the general public and the country. Such detailed and reasoned findings would also credibly deliver vindication and fairness to any allegedly involved/concerned person/s objectively found absolved of liability in any manner or to any extent.

We also note with great concern that the Supreme Court and the general public must be great to place reliance upon the BASL to conduct honest, impartial inquiries into any alleged acts of professional misconduct for the purpose of disciplinary control of the legal profession by their Lordships of the Supreme Court. The credibility of the BASL as being suitable to be entrusted with the said role necessarily demands that the BASL leadership office-bearers should not comprise any persons who themselves credibly appear liable for breach of any professional ethics/standards in their dealings.

Therefore. due consideration and findings as to whether there is any apparent breach of applicable professional ethics/standards in terms of the Supreme Court (Conduct and Etiquette for Attorneys-at-Law) Rules 1988 by the persons concerned, remains crucial for the Bar Council and the membership to be able to determine what steps are warranted to hold those concerned accountable. We urge accordingly, that such findings are also covered in your report, for due consideration of the Bar Council and membership.

We also note with grave concern that in the given context, established norms of propriety and allegedly governance demand that all those allegedly liable or responsible for any misconduct in relation to the said project/activities involving JICA and the BASL and not inclined to voluntarily resign or step down from their positions in the association ought to be required to step down from Functioning in any office of the association forthwith, pending the conduct of the inquiry and final determination of the matter. Failure to do so, would inflict great harm on the association and its ability to claim true commitment to good governance norms. Therefore, this letter is also copied to the members of the Management Committee and Executive Committee of the association for necessary steps to be taken accordingly.

We thank you for undertaking the burden of the unpleasant duty of conducting a full, proper and fair inquiry without fear or favour into matters concerning the propriety of the conduct of colleagues at the Bar, understanding full well, how critically important it is for truth and accountability to prevail in undiluted form, given that much of the future wellbeing and legitimacy of the BASL in terms of moral authority and standing depends upon it.”