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AG says SLMC must use his dept’s legal services
View(s):By Kumudini Hettiarachchi
The Attorney General has ruled that the Sri Lanka Medical Council (SLMC) is a statutory body and, therefore, required to obtain the services of his department unless otherwise advised by him to retain private lawyers.
The ruling comes following an opinion requested by the SLMC to ascertain the legal status of the medical body.
Allegations and issues, including financial mismanagement and the payment of legal fees to private lawyers in connection with several court cases involving the SLMC, have arisen among the Council’s members.
One of the many court cases is with regard to the post of SLMC President, an appointment made by the Health Minister.
The AG had quoted a Cabinet decision of January 30, 2023, requiring all statutory bodies to retain the services of the Attorney General’s Department in respect of all court cases unless the Attorney General has specifically authorised a statutory body to retain attorneys-at-law from the unofficial Bar, according to the reply to the SLMC signed by an Additional Solicitor General and dated July 4, 2023.
Responding to the SLMC’s query it adds: “Therefore, a request will have to be made by you in respect of each case separately, along with the summons/notice and pleadings received as soon as possible to this Department. On a case-by-case basis, this Department will decide whether to appear on behalf of the SLMC.”
A preliminary inquiry by the SLMC’s Internal Audit Committee with regard to legal expenses for five years (2018-2022) found instances where normal procedures had not been followed and also “high” payments made. Thereafter, the Council had urged an inquiry by an independent auditor.
The SLMC has initiated this process and the inquiry is to be held soon, the Sunday Times learns.
According to the SLMC website, “it is a statutory body established for the purpose of protecting health care seekers by ensuring the maintenance of academic and professional standards, discipline and ethical practice by health professionals who are registered with it”.
As of end-July, the SLMC was involved in numerous cases in the Court of Appeal (CA) and the Supreme Court (SC). Some were fundamental rights and contempt cases.
SLMC President Prof Vajira H W Dissanayake was not available for comment.
Separately, the SLMC’s stance that the decision to de-recognise Bangladesh’s Chittagong Medical Faculty has not been heeded by the Health Minister, who has submitted a Cabinet paper to get a contrary decision approved.
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