Attorney General refuses to testify before PSC citing conflict of interest
July 26, 2019 10:41 pm
Sri Lanka’s Attorney General Dappula de Livera today refused to testify before the Parliamentary Select Committee probing the Easter Sunday attacks, citing a conflict of interest among other issues that could compromise the discharge of his duties.
“My concern is that if I testify before this committee as a witness that would compromise my functions as Attorney General in the discharge of my duties in the future.”
“Especially in relation to matters which are being deliberated by this committee in terms of its mandate,” he said appearing before the panel.
He said that this same subject matter and the same issues are before judicial fora today and that he is counsel in several fundamental rights applications which came up for support yesterday and that he appears for the President, the Prime Minister and the Cabinet of Ministers, who are his clients.
“There is a conflict of interest because I am testifying before my clients,” he said.
The other issue, he said, is that prosecutions which are proceeding could result in a criminal prosecution and in the backdrop of that likelihood he will have to present that indictment as Attorney General.
“And if I am being cited as a witness in that trial, my ability to present that indictment will be compromised as the Attorney General,” Mr. de Livera pointed out.
However, he stated that the officials of the Attorney General’s Department who accompanied him to the session would be able to provide answers in his stead.
“My officers who are here today are able to present the evidence which I am called upon to do so. And they are here and they are ready. There won’t be a hindrance. The committee’s work will not be impeded or hampered,” he said.
The committee was therefore adjourned for 15 minutes to consider the request made by the Attorney General. Upon returning the committee announced that they decided to allow the AG’s request not to give evidence.
The Attorney General subsequent left the parliament premises while the select committee’s members proceeded to question the officials of the AG’s Department present.
