The Supreme Court has ordered the disenrolment of an Attorney-at-Law after she pleaded guilty to tearing and chewing two pages of a case record during proceedings at the Kekirawa District Court in 2023.
Delivering its ruling, the Supreme Court held that the respondent’s conduct amounted to serious professional misconduct and involved acts constituting multiple criminal offences. Acting under Section 42(2) of the Judicature Act, the Court directed that her name be struck off the Register of Attorneys-at-Law, effectively barring her from practising law.
The judgment was delivered by a three-judge bench of the Supreme Court comprising Justices Yasantha Kodagoda, Arjuna Obeyesekere and Priyantha Fernando.
In addition to disenrolment, the Court imposed a one-year prison sentence, suspended for five years, after finding the respondent, Roshini Abeyrathne, guilty of contempt of court. The contempt charges arose from her continuing to engage in legal practice despite a prior suspension order issued by the Supreme Court. She was also ordered to pay a fine of Rs. 25,000 within three months.
The disciplinary proceedings were initiated following complaints that on 27 July 2023 the attorney had torn two pages from a land case record, placed them in her mouth and chewed them during court proceedings.
A rule was subsequently served on the respondent by the Registrar of the Supreme Court after complaints were lodged by the Kekirawa District Judge and Magistrate as well as another Attorney-at-Law.
Court records revealed that the incident was linked to a dispute involving a lease agreement between the respondent and the spouse of the complainant attorney, which had resulted in litigation before the Kekirawa District Court. During the proceedings, the respondent had submitted two deeds allegedly bearing forged signatures of the complainant.
An examination by the Government Examiner of Questioned Documents later confirmed that the signatures were forged. This led the complainant to lodge a complaint with the Special Crimes Investigation Branch of the Sri Lanka Police in Anuradhapura, resulting in criminal proceedings before the Magistrate’s Court.
It was during one such hearing that the respondent destroyed the documents.
In the judgment, Justice Kodagoda underscored the responsibilities of legal practitioners, noting that an Attorney-at-Law is not an ordinary citizen but a member of a noble profession entrusted with upholding the rule of law and assisting courts in the administration of justice.
The Court further observed that the respondent’s actions in seizing the case record, tearing pages containing vital evidence and destroying them constituted a flagrant violation of professional ethics and undermined the integrity of the judicial process.
Senior Counsel Sunil Coorey with Nilanga Perera appeared for the respondent.
Deputy Solicitor General Sanjeewa Dissanayake with State Counsel Asela Wijesinghe, instructed by Senior State Attorney Rizni Firdous, appeared for the Attorney General. President’s Counsel Rohan Sahabandu with Chathurika Elvitigala and Sachini Senanayake appeared for the Bar Association of Sri Lanka.
