Lawyer disbarred by Supreme Court after found guilty of forgery

• Attorney-at-law was sentenced by the High Court having found him guilty of four counts

By Lakmal Sooriyagoda  

The Supreme Court yesterday issued a rule for the removal of a lawyer from the position of the Attorney-at-Law after he was found guilty of forgery in attesting a deed. 
 
The Registrar of the Kandy High Court in terms of section 42(4) of the Judicature Act had communicated to the registrar of the Supreme Court alleging that attorney-at-law Mahinda Ratnayake was sentenced by the High Court having found him guilty of four counts on which he stood indicted. A fine of five hundred rupees had been imposed on one count and he had been sentenced to a term of one-year rigorous imprisonment for three counts. 

The Registrar of the Kandy High Court in terms of section 42(4) of the Judicature Act had communicated to the registrar of the Supreme Court alleging that attorney-at-law Mahinda Ratnayake was sentenced by the High Court having found him guilty of four counts on which he stood indicted. A fine of five hundred rupees had been imposed on one count and he had been sentenced to a term of one-year rigorous imprisonment for three counts. 

 It was alleged that the respondent attorney-at-law fraudulently conspired to attest a deed in 1999, and made a false statement in attesting the said deed. It was further alleged that the respondent had acted in breach of the rules set out in section 31 of the Notaries Ordinance. Thereby, he had conducted in a manner which would reasonably be regarded as disgraceful by attorneys-at-law of good repute and competency as well as in a manner which is regarded as deplorable by fellow members of the profession. The rule had been issued for breaching Rule 60 of the Supreme Court (Conduct and Etiquette for Attorneys-at-Law) Rules, 1988 as well as Rule 61 of the said Rules as he had conducted in such a manner that is unworthy of an attorney-at-law.  

During the Supreme Court inquiry, the respondent had pleaded guilty to the charges by way of an affidavit.  
Supreme Court three-judge-bench comprising Chief Justice Jayantha Jayasuriya, Justice S. Thurairaja and Mahinda Samayawardana held that the rule made against the respondent is made absolute. Accordingly, the Supreme Court issued a rule ordering the respondent lawyer’s name to be struck off the Roll of Attorney-at-Law.