BAR ASSOCIATION OF SRI LANKA ANNUAL REPORT 2018 - 2019 CONTENTS Message from the President Overview by the Secretary Chapter 01 - 1st Bar Council Meeting and Convocation 2018 - 2019 7 Chapter 02 - Management and Membership 33 Chapter 03 - Bench and Bar 45 Chapter 04 - Continuous Legal Education 49 Chapter 05 - Assistance to Outstation Bars 69 Chapter 06 - Relations with International Bar Associations 73 Chapter 07 - Legal Aid and Access to Justice 77 Chapter 08 - Maintenance of Standards of Professional Conduct 81 Chapter 09 - BasL - Facelift to Infrastructure, Facilities and Staff 87 Chapter 10 - Members’ Social and Welfare Activities 93 Chapter 11 - Felicitation of Lawyers who Completed 50 Years at the Bar and the Appreciation Night 97 Chapter 12 - BASL’s Engagement with MoJ, Jsc and AG’s Department 101 Chapter 13 - Independence of the Judiciary and Protection of Rule of Law 105 Chapter 14 - BASL Publications, Correspondence and Media 111 Chapter 15 - BASL Election 2019 121 Chapter 16 - Treasurer’s Report 125 ANNUAL REPORT 2018 - 2019 BAR ASSOCIATION OF SRI LANKA Message from the President batches of Apprentices, in the eve of approval from all stake holders thus their Big day of being called to the Bar, it will be only a matter of time before after being reminded of the certain the suggestions included therein are fundamental core values which were implemented. to be adhered to and preserved in the legal profession were distributed Once the propositions presented their BASL ID cards, enabling them through the said report are schemed to engage in their professional duties out, not only uncontrollable amount from the first day of stepping into the of entry into the profession will be legal arena. curtailed to filter the cream of intellect out into the profession but also those BASL pioneered in enhancing not only who have been called to the Bar will the knowledge of the young lawyers, be constantly monitored and guided but also their vocal and presentation along the righteous course. skills, which is a sine qua non for legal The sense of relief can only be professionals discharging duties at One of my long standing dreams derived from the pride of success. any forum. Accordingly for the first of decentralizing the National Law It is with humble pride of success that time in the history, BASL partnered Conference to bring it closer to the I am penning this message on this with HNB Toastmaster International membership has been manifested. I occasion which simultaneously marks to offer ‘Speech Craft program’ took pride in affirming the fulfillment my two - decade long administrative which afforded an amiable avenue of the said desire which saw 05 journey at the BASL coming to an for the young lawyers to brush aside Provincial Law Conferences being end. The pride of success can only their stage phobia and brace their organized across Sri Lanka during be realized through hard work, confidence to fearlessly to present my first year. The overwhelming perseverance, dedication and their views in the presence of an positive response which arose from determination. It is not ordinary effort audience. the members of the Bar who had that suffices but an extraordinary benefited out of the novel initiative, endeavor that is required. Time is I also emphasize that the Legal only hardened my determination golden, but it is the products of time Education system across the board into making it a steady practice. which are treasured. Not every plan was not standardized and that the Bar As a result 05 more Provincial Law is fool-proof; the success depends Association should take necessary Conferences saw the light of the on as to how the unforeseen is coped steps to remedy the situation. day during the outgoing year in 2018 with. Accordingly we deemed it an exigency with the Assistance of the USAID. to ensure the people who enter into The presence of his Lordship Justice During my Induction Speeches as this noble profession are above the Padman Soorasena and Mr. Jayantha the President of the BASL in the threshold of the particular standard Jayasooriya PC, Hon. Attorney General last two years, I acknowledged the which preserves the solemnity of of Sri Lanka drew a tremendous turn importance of performing our task the legal profession. In line with this out at every such conference. It is my with appropriate knowledge, skills and perception, a Committee headed duty to thank Mr. Mitch Gruner, Ms. attitude, which can only be imparted by Mr. Ali Sabry, PC was appointed, Shirani Narayana, Ms. Kushangika by giving a proper training to our Law mandated to propose the necessary and Mr. Yasith Samarakoon and also Students and Apprentices and our reforms. I am proud to state that to Mrs. Nayomi Wickramarathne Colleagues. To this end, the BASL they have done a remarkable job and Attorney-At-Law, Mr. Prakalathan offered various certificate courses prepared a comprehensive report Thuraisingam, Mr. Kalinga De Silva for such as Criminal Defense, Effective with the help of senior and junior their service to ensure success of this Instructing Attorneys, Advanced colleagues of the Bar, which was project. We entrusted the Bars of the Training on ICT, Legal English and so submitted to the Incorporated Council particular province with the organizing forth. Not to mention a plethora of one of Legal Education. Before the end their own Provincial Law Conference day CLE programs targeting every of my tenure we were able to further with a particular heed to focus on dimension of the law which were shove it through the hierarchy that the peculiar issues they faced with. organized across the country. Two it has already received the nod of The success of the Provincial Law 1 2 ANNUAL REPORT 2018 - 2019 BAR ASSOCIATION OF SRI LANKA Conferences is amply demonstrated headed by Mr. Kasun Liyanage their infrastructure facilities. by the Bars calling out for opportunity Attorney-At-Law compiled Appellate to organize it in their respective Court Judgments in 2018 (unreported) BASL as a responsible professional provinces, more than once. for Criminal Law in two volumes. body intervened in issues which We also offered the whole set of Sri assumed national importance. A mesmerizing highlight of the past Lanka Law Reports at an affordable Accordingly it raised its concern over year was the ‘National Law Week’ price which we had allowed to settle the duplicity of proposed Constitution, whose main event, for the first time in easy monthly installments. Most the threat to independency and in the BASL history, was orchestrated importantly for the first time in the integrity of the judiciary and legal in a premise outside Hulftsdorp. history we were able to print National profession and made representation Accordingly at the invitation of Law Report (NLR) in collaboration with in assisting the apex Court in BASL, Mr. Madura Withanage Government Printer and Sri Lanka interpreting the Constitution and Attorney-At-Law, Hon. Mayor of Law Reports for our membership. determining the constitutionality of Sri Jayawardenapura Municipal In this regard the role played by Mr. the Bills. The BASL took a firm stand Council joined force with the BASL Vijitha Manamperi Attorney-At-Law against whomsoever regardless of to take the ‘National Law Week’ to iin cordinating the relevant authorities the stature seeking to insult the legal Sri Jayawardenapura Municipal muct be Particularly acknowledged. profession in furtherance of their ground where a massive Legal Aid clumsy political agenda. As a result Clinic was organized on 30th June The re-launch of the BASL website we have already instituted actions and 1st of July 2018 which was well was a remarkable achievement which against the individuals who had made responded by a unprecedented merits a quick flashback. The earlier remarks in public in derogation of our volume of people gushing, in seeking BASL official Website had become noble legal profession, motivated by quality legal advice. The most senior virtually ‘handicapped’ due to a conjecture and surmises. President’s Counsel down the way myriad of issues therefore it became to all other legal practitioners were an exigency to draw up a new website Yet another concept I could introduce benevolent enough to dedicate some which could cater our requirements. to the legal community was a of their time off their busy schedule Accordingly with the help of a grand-scale discourse with the so as to quench the thirst of people permanent IT Executive of the BASL participation of every stake holder by offering their expert opinion free a new and user-friendly website with in the administration of justice, of charge. A number of Government the full administrative capacity vested titled ‘Colombo Dialogue’ under the Institutions also flocked together at in BASL was developed, which was theme ‘We shall converse fearlessly’. the same premise to advance the idea commissioned on the cyber space Accordingly ‘Colombo Dialogue’ of ‘Access to Justice’ promoted by Though the BASL website is still in glamorously unfolded for two days, the BASL. In parallel to the main event, the process of being upgraded to 23rd and 24th of March 2019, being Legal Aid Clinics were held across function to its fully capacity, I am dedicated for Civil and Criminal the country under the patronage positive that the foundation stone laid Law respectively. On the invitation of respective Bars. The ‘National down during my tenure will point to an of BASL and under the blessing of Law Week’ was further featured impregnable pathway for it to flourish the Judicial Services Commission, by Awareness Programs aimed at to a fully-fledged website which can Judges of Supreme Court namely his alerting the minds of the school bring many services to the finger tips Lordship Justice Padman Soorasena, children of the risk they have been of the membership, including voting His Lordship Justice S.