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AG says CoI on political victimisation has no power to question AG's functions

11 Mar 2020

The Attorney General (AG) Dappula de Livera has responded in writing to a notice by the Commission of Inquiry on  political victimsaton (CoI), stating that the the commission has no judicial power or authority to question AG’s functions before the Trial at Bar . The AG responded to a notice sent by the CoI summoning the him to appear before the Commission at 10 a.m. today (11), to show cause as to why he should not be held in contempt of the CoI for involving the Secretary to the Commission in a judicial proceeding. Last Friday (6), the Colombo HC special Trial-at-Bar  had issued an arrest warrant on Secretary CoI Pearl K. Weerasinghe, for failing to attend court proceedings despite being issued notices. The CoI was summoned to appear before the court to submit investigation files with regard to the elephant racketeering case against “Ali Roshan” and seven others. The bench also ordered the Controller-General of Immigration and Emigration to impound her passport. However, following the court order, the Commission, in a press statement said,  it cannot be held accountable to any court of law, and that files in its possession can only be requested by the President, and must be treated as confidential documents until the President produces them before Parliament. “No individual or institution has the legal power to seek such materials,” the release stated. “The CoI has determined that naming the CoI Secretary as a witness before court and issuing a summons on her is an ultra vires act that flouts the powers of the commission.” The Commission reiterated its order to the AG that he should immediately “stop proceedings” connected to cases under investigation by the CoI. “That order still stands.”      

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