The Attorney General’s Department and the Police have turned down a request by Speaker Karu Jayasuriya to permit the presence of a lawyer during the arrest of a Member of Parliament. The request was turned down at a meeting presided over this week by the Speaker to discuss procedures in the event of an arrest [...]

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Arrest of MPs: Speaker ignored by AG, Police

Lawyer need not be present when an MP is arrested; gun licence issue also taken up
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The Attorney General’s Department and the Police have turned down a request by Speaker Karu Jayasuriya to permit the presence of a lawyer during the arrest of a Member of Parliament.

The request was turned down at a meeting presided over this week by the Speaker to discuss procedures in the event of an arrest of MPs and the issue relating to the renewal of gun licences of MPs.

Speaker Jayasuriya had wanted the Police and the AG’s Department to allow a lawyer to be present whenever an MP was arrested, but Acting Police Chief C.D. Wickremaratne and AG’s representative Acting Solicitor General Sanjaya Rajaratnam both opposed permitting a lawyer to be present at the time of an arrest. They said that an MP could avail himself of the services of a lawyer only after his or her arrest.

The Acting IGP also said MPs inviting the media to the location of the arrest was causing a hindrance to police officers performing their duties.  Mr Rajaratnam had meanwhile pointed out that the Police could prevent the media getting into the location of the arrest and suggested keeping the media at a distance so that the arresting officers are not hindered.

Speaker Jayasuriya pointed out that UNP parliamentarian Ranjan Ramanayake had written to him saying there were several other MPs who had also not renewed their official firearm licences and had asked why he was being singled out for arrest.

The Acting IGP then pointed out that the issue had arisen as MPs needed to renew the licences from the respective district where they resided and that was causing complications.

He said that as a solution, the Senior Superintendent of Police in charge of Parliament security could be entrusted with the renewal of the licences.

Meanwhile, Bar Association (BASL) Secretary Kaushalya Nawaratne said there was no statutory requirement for a lawyer to be present at the time of an arrest of any person, including an MP. He said the only difference regarding the arrest of a parliamentarian as opposed to a non-MP was that guidelines laid down that the Speaker had to be informed prior to the arrest as a matter of courtesy.

BASL President Kalinga Indatissa declined to comment.

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