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Turning into real politics?

06 Sep 2020

By Skandha Gunasekara
The election for the presidency of the Bar Association of Sri Lanka (BASL) appears to have taken a turn for the worst with what seems like a mudslinging campaign, akin to a conventional political election, erupting against certain senior attorneys who are seen as front runners for the presidency. The hate and negativity has been taken to social media platforms, particularly Facebook; one such example is when a prominent lawyer was attacked for his contribution to what many consider a humanitarian effort – the Office on Missing Persons (OMP). Former OMP Chair Saliya Peiris PC has come under heavy fire by certain groups for his work as the head of the OMP to locate those who went missing during the 30-plus years of the civil war. Peiris is to step down at the end of September in hopes of contesting the election. “I will be stepping down only at the end of September after which my replacement would take over. I have not decided just yet on contesting, as there is still some time for the Bar Association election,” Peiris told The Sunday Morning. The issue was given due attention by last election’s National People’s Power (NPP) National List member and Attorney-at-Law Upul Kumarapperuma who took to Facebook to question such mudslinging and the morality of fellow attorneys approving such posts publicly. “If the election campaign of the Bar Association continues at this level, the future of the Bar Association could be in great disarray. Important senior lawyers will be excluded from the activities of the Bar Association. The election of the Bar Association will also consist of racism, religiosity, mudslinging, and false propaganda. Some of the members of the Bar Association have been targeted and an outsider has put up the following post and certain members have reshared it. Another posted a note appreciating the knowledge of those who posted the post.” He then went on to question what such actions project to up-and-coming lawyers who are easily influenced, and pointed out the disrepute being brought to the BASL. “What is the message of such things to future generations? It’s not just a matter of an election. The written and unwritten values and traditions of the legal community are being challenged by this type of propaganda.” He then noted that it would not be surprising if in the future a junior lawyer publicly addresses a senior attorney in a derogatory manner. “Don’t worry if a lawyer who was sworn in the day before yesterday addresses a senior president’s lawyer as ‘Ado Sir’, because that situation was created for the juniors by the seniors themselves.” Nevertheless, senior lawyers have come out to condemn the hate campaign that is currently taking place on various social media platforms. Sanjeewa Jayawardena PC, who holds prominent positions in the Board of Directors of the Central Bank of Sri Lanka and was recently appointed to the expert committee set up to draft a new national Constitution, categorically condemned such mudslinging. “I would condemn it completely. I don’t think that our Bar Association should be like a general election to Parliament. This is strictly an election of professionals.” Another senior President’s Counsel who is well known for his work on constitutional law, who wished to remain anonymous, also pointed out that mudsling should not take place, irrespective of the nature of the election or incident. He added that lawyers in particularly should not tarnish each other’s reputations. “I don’t think that mudslinging is helpful in any campaign whether it is the Bar Association or otherwise. Essentially, unless there is a proper flow of information and disinformation is disregarded, it can cause undue prejudice to innocent parties. I think lawyers should desist from such actions,” the senior President’s Counsel told The Sunday Morning. Meanwhile, outgoing BASL President Kalinga Indatissa PC too denounced the actions of certain groups to cause harm to the reputation of lawyers in such a way. “It should never happen. This is a professional body and a professional election. If there is mudslinging, it should not take place.” However, he noted that the BASL’s hands were tied in the matter and that candidates should conduct themselves as professionals. “There is nothing that the Bar Association can do to address this issue. This has never happened in the past. It is up to the conduct of the candidates and the authorities.” He also added that supporters of such candidates should also uphold the respect and dignity of the BASL. “More than the candidates, their supporters should know better. I know of the issue you are talking about. You cannot be insulting each other in a professional election.” The outgoing BASL President said that while evidence could give credence to accusations on social media, baseless allegations could not be tolerated. “Different interpretations can be given on the roles played by people. For example, if a candidate has done something which is not ethical, even in that case, you have to be very careful because without material you cannot put a post on social media. Whatever it maybe, in a professional body, one cannot endorse people who go down to this level.”


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