SRI LANKA: A senior lawyer, R.K.W. Goonersekere’s disclaimer that the Daily News failed to publish

(Hong Kong, October 7, 2008)

We reproduce below a letter written by a senior lawyer, R.K.W. Goonersekere, who was a member of the delegation of the Bar Association of Sri Lanka that met the Executive President on October 3, 2008, to discuss the grenade attack on the house of Mr. J.C. Weliamuna, a reputed lawyer who has taken a serious interest in public interest matters such as human rights protection and anti corruption. The Bar Association made representations on the attack on the dignity and integrity of the particular lawyer as well as the Bar in general. The Inspector General of Police and a few other high ranking government officers were also present at this meeting.

The Daily News published a report (given below), stating:

“Senior attorney-at-law R.K.W. Goonesekara said Police should investigate whether this could have been an attempt by certain elements to tarnish the Government’s reputation in the eyes of the local and international community.”

Mr. Goonersekere has categorically denied making such a statement. He wrote to the Daily News to publish his disclaimer. The Daily news failed to do so.

It has been the publicly stated position of Mr. J.C. Weliamuna that he had no personal enemies and that his work as a lawyer mostly relates to sensitive public interest matters in which senior politicians and high ranking state officers are among the respondents.

There had been several attempts by government sources to carry out a misinformation campaign about the possible culprits behind the grenade attack. These government spokesmen have tried to create the impression that the attack relates to a private matter or may even be self inflicted.

Meanwhile, despite of the president’s direction to the Inspector General of Police to arrest the culprits no one has yet been arrested. There is the concern among lawyers and the media that no serious inquiries are being conducted into the allegations. The Sunday Leader in an article published on October 5, stated that:

“……the incident bears all the tell-tale signs of a case that is likely to be swept under the carpet soon enough.”

The Asian Human Rights Commission is of the view that the grenade attack on this public interest lawyer was a highly planned attack which was meant to assassinate him. As he was living with his wife and two children who are aged 2 years and just four months, there was the likelihood of everyone suffering serious harm if both grenades had exploded as intended. The explosion of one of the grenades caused the wall of a neighbouring house to collapse while also damaging part of Mr. Weliamuna’s house.

In such planned attacks it is very unlikely that the state has the will to ensure an investigation. The Sri Lankan police have the reputation to only act when directed by the government and to remain passive when political interests’ conflict with the requirements of criminal justice. The misinformation campaign of the Daily News, a government mouthpiece and others is itself an indication of a planned attack and deliberate hushing up of inquiries.

The AHRC is also of the view that the Bar Association of Sri Lanka should have taken steps to publish their own disclaimer about the report published by the Daily News which misrepresented the views expressed by the members of its delegation. So far the Bar Association has failed to do so and despite of the Bar’s representations no credible inquiries are being conducted by the police on the grenade attack. The Bar Association needs to consider itself as having been slighted and needs to act firmly as the premier body of Sri Lankan lawyers which has the obligation to protect its members. Whether interested elements may undermine the role of the Bar Association towards its members will be seen in what action the Bar decides to take on October 11 at its general meeting called upon through a petition singed by hundreds of lawyers to discuss the grenade attack and the protection of lawyers.

Mr. Goonersekere’s disclaimer

October 4, 2008

R.K.W. Goonersekere
LLB (Cey), BCL (Oxon), LLD (Col)
Attorney-at-Law

304/5 Park Road
Colombo 5
Sri Lanka

Tel: 94 11 2588175
Fax: 94 11 2599696

Editor
Daily News
Lake House
Colombo 1

Dear Mr. Editor,

In your report in today’s ‘Daily News’ (4 October 2008) of the meeting that a group of lawyers of the Bar Association had with H.E. the President on the previous day, you have wrongly attributed to me a statement that the recent attack on Mr. J.C. Weliamuna’s residence was intended to discredit the President and the government locally and internationally. I did not make such a statement at the meeting.

I shall be grateful if will public my disclaimer in your newspaper.

Thanking you.

Yours truly

Signed
R.K.W. Goonersekere

The article from the October 4, edition of the Daily News:

Attack on lawyer’s house: Police to expedite probe

COLOMBO: President Mahinda Rajapaksa yesterday instructed Police Chief J. Wickramaratne to expedite investigations into the grenade attack on the residence of human rights lawyer J.C. Weliamuna and bring the culprits to book soon.

A delegation from the Bar Association of Sri Lanka led by its President W. Dayaratne met President Rajapaksa in this connection last evening.

Senior attorney-at-law R.K.W. Goonesekara said Police should investigate whether this could have been an attempt by certain elements to tarnish the Government’s reputation in the eyes of the local and international community.

A delegation from the Government Medical Officers Association also met the President on the same occasion to discuss the recent fatal shooting of a woman doctor and the steps taken to investigate the murder. The Police Chief pointed out that the main suspect has already been apprehended and further investigations were underway.

The President assured that all steps were being taken to address the doctors’ concerns with regard to this case.

Document Type : Press Release
Document ID : AHRC-PRL-031-2008
Countries : Sri Lanka,