• SJB, TNA back push for ‘retroactive application’ to cover post-2004 period 

The Minister of Justice, Prison Affairs and Constitutional Reforms, President’s Counsel (PC) Dr. Wijeyadasa Rajapakshe yesterday (21) said that the Ministry would seek advice of Attorney General (AG), Sanjay Rajaratnam PC on the possibility of the proposed Anti-Corruption Bill (ACB) having retroactive application with regard to making suspects liable for related past offences.

He expressed these views in response to a question raised by the Chief Opposition Whip and Samagi Jana Balawegaya (SJB) Parliamentarian, attorney Lakshman Kiriella as to whether prosecutions can be carried out on past crimes committed by various suspects, according to the provisions included in the proposed ACB. Kiriella also said that even though Dr. Rajapakshe had previously said that there is a transitional provision permitting retroactive application, the legal advisers of the Opposition have understood that such a provision is not sufficient to prosecute offenders. “There should be a special provision allowing retroactive application to past crimes committed by various suspects,” he added.

Responding to Kiriella, Dr. Rajapakshe said that while he would seek the AG's opinion in this regard, the amendments mentioned by the Supreme Court must also be paid attention to. He added that he is ready to discuss this matter further with Opposition MPs in the future.

Kiriella also proposed that if the said retroactive application is to be included in the ACB, it should be given the power to prosecute the crimes reported as far back as 2004 when Sri Lanka signed the United Nations (UN) Convention Against Corruption.

Meanwhile, speaking on the same matter, Tamil National Alliance (TNA) Opposition MP, M.A. Sumanthiran PC said that there would be no legal barriers, according to his knowledge, to include the said provision to the proposed ACB. “This Bill itself identifies the said UN Convention and it also mentions other internationally recognised norms, standards and best practices. In the Constitution, there is a bar to retroactive application on criminal matters, when it comes to making suspects liable for offences committed. But, it has a proviso that if it is a crime recognised by a community of nations, we can take legal actions against past incidents even if we haven’t passed it in the Parliament. We have one good example, and that is the Sepala Ekanayake skyjacking incident where he was prosecuted for an act committed prior to the Offences Against Aircraft Act and the Piracy Act being passed by the Parliament,” he said.