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The process of criminal investigations, especially in cases with political overtones, often encounters numerous obstacles that hinder timely resolution. This is evident in the investigations into the assassination of Lasantha Wickremetunge as well as the Easter Sunday attacks. Despite the passing of so many years, both cases remain unresolved due to political interference, lack of accountability, and legal obstructions.

One of the primary obstacles to resolving high-profile cases has been political interference. The late Ven Bellanwila Wimalaratne Thera once remarked that police officers swiftly apprehended suspects in a particular murder case only because there was no political influence in that instance. This observation underscores the unfortunate reality that political involvement can significantly impede justice.

In cases involving high-profile individuals, political figures often exert influence over law enforcement agencies to stall investigations, manipulate evidence, or protect those involved. This is evident in both the Lasantha Wickremetunge case and the Easter Sunday attacks, where successive governments have been accused of obstructing justice.  

The Lasantha Wickremetunge assassination

Lasantha Wickremetunge, the founding editor of The Sunday Leader, was assassinated on January 8, 2009, in broad daylight while commuting to work. Known for his investigative journalism, Wickremetunge was a vocal critic of the government, particularly concerning alleged corruption and human rights abuses. His murder shocked the nation and the international community, yet more than 15 years later, the truth remains elusive. Various governments have come and gone, but the case has seen little meaningful progress.

Given that Lasantha was a prominent critic of the government at the time, strong suspicions arose that state actors or individuals linked to the government were involved in his assassination. This made it challenging to conduct a transparent investigation. Key evidence in the case reportedly went missing or was tampered with. Initially, investigators concluded that he died from gunshot wounds, but a second post-mortem conducted after his body was exhumed nine years later determined that the cause of death was blunt force trauma.

The recent decision by Attorney General Parinda Ranasinghe to discharge three suspects linked to the case has reignited debates about justice and accountability. Despite challenges, Wickremetunge’s family, media activists, and human rights organisations continue to push for accountability, ensuring that the case remains in the public eye.

The Easter Sunday bombings

Another high-profile case that remains unresolved is the Easter Sunday bombings that took place on April 21, 2019, resulting in the deaths of more than 250 people. Although the police made significant progress in the investigations, various obstacles—such as the transfer of senior officials handling the case by the government that took office in 2019—ensured that critical questions remain unanswered.

Fortunately, the Catholic Church, led by Malcolm Cardinal Ranjith, has been at the forefront of demanding justice for the victims. The Church’s persistence has ensured that the investigation remains active and that authorities are held accountable.

The broader implications of delayed justice

When high-profile criminal cases face continuous delays, the implications extend beyond the victims and their families. Justice delayed is justice denied, and such delays weaken public trust in law enforcement. Furthermore, as time passes, evidence becomes harder to collect, witnesses become less reliable, and perpetrators may escape accountability entirely.

Despite these hurdles, there is hope that continued pressure from victims’ families, activists, and religious leaders will eventually lead to justice in both cases. However, without systemic changes to prevent political interference, such obstacles will continue to hinder future investigations into high-profile crimes.

The role of the Attorney General in criminal cases

Recent developments in the Lasantha Wickremetunge case have highlighted new challenges. The Attorney General (AG) plays a pivotal role in the administration of justice, particularly in criminal matters. The AG is vested with broad discretion to assess the merits of a case, determine the sufficiency of evidence, and decide whether to proceed with or withdraw charges. The intent behind granting such discretion is to ensure that prosecutions are conducted impartially, without external pressures, and based solely on legal considerations.

The AG’s decision to discharge the three suspects in Wickremetunge’s murder case has several legal and societal implications. High-profile cases, especially those involving allegations against state actors, serve as litmus tests for the judiciary’s independence and the impartiality of investigations.

The family of the deceased and society at large have a vested interest in seeing justice served. Decisions to discharge suspects should be accompanied by clear explanations to ensure that the victims’ rights are respected and to maintain public confidence in the judicial process.

While the AG’s discretion is broad, it is not absolute. Decisions made by the AG can be subjected to judicial review through writ applications. If it is believed that the AG has acted beyond his powers or has abused his discretion, affected parties can seek remedies from the courts. For instance, following the recent decision, it has been suggested that the AG’s decision can be subjected to review via a writ, providing a mechanism for oversight and accountability.

The public outcry and institutional responses

The AG’s decision to discharge the suspects has sparked an outcry across different strata of society. Ahimsa Wickremetunge, the daughter of Lasantha, has raised several concerns in a letter to Prime Minister Harini Amarasuriya, while the Young Journalists Association staged a demonstration in front of the Attorney General’s office. Meanwhile, the Bar Association, in a letter to President Anura Kumara Dissanayake, has cautioned against a political review of the Attorney General’s decision, emphasising the importance of maintaining judicial independence. Simultaneously, the Opposition has called for a debate in Parliament on the matter.

However, a parliamentary debate on this issue may not be the best course of action. Uncontrolled comments and views expressed by parliamentarians could further erode public trust in the administration of justice, which could be detrimental in the long run. Instead, it may be more prudent for concerned parties to seek judicial review rather than agitating in political forums.

Conclusion

The need for justice in the cases of Lasantha Wickremetunge and the Easter Sunday attacks as well as the many unresolved crimes cannot be denied. However, ensuring justice should not come at the cost of public trust and confidence in the legal system. Addressing political interference, strengthening judicial independence, and fostering transparent legal proceedings are crucial steps toward restoring faith in the country’s ability to uphold the rule of law.

Moving forward, continued pressure from victims’ families, media activists, and civil society will be essential in keeping these cases in the public eye. At the same time, judicial institutions must demonstrate their commitment to fairness and accountability. Only through a transparent and impartial legal process can Sri Lanka hope to resolve these cases and prevent similar obstructions in the future.(javidyusuf@gmail.com)