X-Press Pearl: Ali Sabry defends AG in Parliament 

 X-Press Pearl Marine disaster

• Says AG obtained not one but two opinions from international experts before initiating litigation in Singapore
• Claims SL has no legal expert able to provide advice on case and that is why advice was sought from international firms 
• Stresses this is a highly complex legal matter and time was needed to conduct preliminary work such as gathering evidence 
• Calls on all parties to support SL’s endeavours to obtain compensation for disaster 

Foreign Affairs Minister Ali Sabry

Foreign Affairs Minister Ali Sabry yesterday in parliament defended the Attorney General amidst a barrage of criticism against his decision to initiate legal proceedings in Singapore to claim compensation for the X-Press Pearl Marine disaster.  

The Minister said one cannot simply look at the periphery and decide where legal proceedings must be initiated. “It is a complex legal matter,” he said. The Minister said that just as medical practitioners are tasked with making decisions on surgeries based on their expertise, similarly one must see who the law has empowered to make decisions in instances such as the X-Press Pearl disaster. 

“Can we debate here and decide where to file the case?” he asked. The Minister quoted British academic lawyer Sir H.W.R Wade to support his defence of the Attorney General. The excerpt he said was taken from the decided case of Sarath de Abrew Vs Chanaka Iddamalgoda where the petitioner claimed the Attorney General did not have the powers to prosecute him. 

“An element of the lawful exercise of power is that it should be exercised by the authority on whom it is conferred and by no one else. The principle is strictly applied even when it causes administrative inconvenience except in cases where it may be reasonably inferred that the power was intended to be delegatable. Normally the courts are rigorous in requiring the power to be exercised by the precise person or body stated in the structure,” the Minister said reading out from Wade’s text on administrative law. 

“Can we then work this way? If the power has been vested in one person can others decide as they wish?” Sabry asked. Commenting on the powers of the Attorney General, the Minister resorted to Wade to make further clarifications. 

“As the chief law officer of the state, the attorney general has always exercised the powers with regard to the public interest, interest of justice and the need to prevent the abuse of the process. But what happens is that he takes sole responsibility in coming to a decision in exercising his discretion and as to what amounts to the public interest of justice and the need to prevent the abuse of the legal process. It is in taking this responsibility he is the master of his house and law unto himself,” he quoted. 

“Therefore, the responsibility is on the Attorney General and any consultations will be done at his discretion,” he noted. 

The Minister told parliament that according to the information provided by the Attorney General, the X-Press Pearl litigation is in fact a complex legal process. He noted that it must be admitted that Sri Lanka does not possess legal experts who are able to provide advice on a case such as this. 

“The Attorney General too admitted it and requested support from international legal experts,” the Minister explained. “We cannot give cases for someone to have a test run on. What if we lose the case? Who will take responsibility for us losing out on compensation? That is why a legal opinion was sought from abroad,” he said. 

The Minister said he is satisfied that the case was filed before the expiry of the time limitation of two years given the preliminary work that had to be carried out before initiating litigation. 

“The international legal expert visited Sri Lanka. She asked us to gather evidence to support our compensation claim. The expert committee was given this task. To gather evidence experts must first work. Then the information can be analysed and sorted. We can’t file a case within days’ time after an incident of this magnitude takes place,” he said, adding that evidence is crucial to filing the case. 

The Minister also explained that the Attorney General sought not one but two opinions on the matter to decide where to initiate legal proceedings. The Minister said he had covered the necessary bases and therefore his decision cannot be questioned. He called on all parties to support Sri Lanka’s endeavours in obtaining compensation for the marine disaster that caused significant harm to the country’s environment.