Lawyer’s role in Aeroflot drama: BASL won’t seek SC intervention; law firm declines to comment

By Shamindra Ferdinando

The Bar Association of Sri Lanka (BASL) yesterday (10) said that it couldn’t report the lawyer involved in the Aeroflot affair to the Supreme Court, without inquiring into the incident.It transpired, before High Court Judge, S. M. H. S.P. Sethunge, in the Commercial High Court of the Western Province, that Attorney-at-Law Aruna de Silva had accompanied a fiscal officer of the same Court to the Bandaranaike International Airport, on 02 June to deliver a Court ruling in a case filed by Ireland-based Celestial Aviation Trading Company Ltd., against Aeroflot.

Justice Minister Dr. Wijeyadasa Rajapakse, in a recent Swarnawahini interview, said that a lawyer, accompanying a Court officer to deliver a Court ruling was extraordinary. The Minister stressed the need for a thorough investigation.However, the BASL’s Professional Purpose Committee could initiate an inquiry only if the outfit received a complaint from the public. BASL President Saliya Pieris, PC,said when The Island asked whether he would request

Chief Justice Jayantha Jayasuriya to inquire into the lawyer’s conduct. The BASL President was also asked whether he would issue a statement regarding the incident that received international media coverage.The President’s Counsel said: “BASL makes such a request to the Supreme Court only upon a complaint made to it and an inquiry by its Professional Purpose Committee. We have not got any complaint so far against any lawyer in this regard.”

Lawyer de Silva appeared for the plaintiff with Avindra Rodrigo, PC, (litigation) of FJ & G.de Saram, leading law firm from the colonial times.A spokesperson for the law firm declined to comment when The Island asked whether they were inquiring into allegations against the lawyer. President’s Counsel Rodrigo was not immediately available for comment. The Spokesperson promised to pass the query made by The Island to the President’s Counsel concerned.Attorney-at-Law Dasun Nagasena, Coordinating Secretary to Dr. Rajapakse, said that the Justice Ministry had taken steps to recommend action against the Attorney-at-Law to the Chief Justice. Nagasena said that the fiscal officer who served the Justice Ministry had been interdicted, pending further investigations.

High Court judge Sethunga is on record as having said that he didn’t order the BIA not to permit Aeroflot SU 289 to take off on the afternoon of June 02.Former Public Security Minister Rear Admiral (ret.) Sarath Weerasekera, MP, told The Island that the government should conduct a thorough inquiry into the Aeroflot affair.

Declaring that the high profile move that had been made at the BIA was the culmination of an ongoing destabilisation project directed at Sri Lanka, lawmaker Weerasekera said the government seemed to have lost control of the situation. Responding to another query, the Colombo District MP said that in addition to a proper inquiry, the government should ascertain the diplomatic fallout as Russia had stopped not only Aeroflot flights to Sri Lanka since the fiasco but also Russian tourists to Sri Lanka. According to reports, Moscow has also halted granting of annual scholarships to Sri Lankan students.MP Weerasekera said that the Judicial Services Commission (JSC), too, should inquire into the incident as manipulation of Court proceedings was an extremely serious development. Perhaps, the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) should intervene to ascertain the truth, the former Minister said.