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POLITICAL-The Rajapaksa Family and Their Loyal Lawyer Ali Sabry: A Liability in the Making?

 

The Rajapaksa Family and Their Loyal Lawyer Ali Sabry: A Liability in the Making?

Concerns are mounting in Sri Lanka's legal and political circles that the influential Rajapaksa family may be considering sidelining their long-time loyal lawyer, President's Counsel Ali Sabry, to prevent him from becoming a key witness against former President Gotabaya Rajapaksa. Sabry, who now serves as Sri Lanka's former Minister of Foreign Affairs, has been intimately involved in the legal affairs of the Rajapaksa family for years, representing Gotabaya in over 35 legal cases . His deep inside knowledge of sensitive matters—particularly the controversial U.S. citizenship renunciation saga that enabled Gotabaya's presidential run and the ongoing investigations into the Easter Sunday attacks—has made him both an invaluable asset and a potential liability to the family . As the new NPP government under President Anura Kumara Dissanayake reopens these cases, the question arises: is Ali Sabry now a target of the very family he once served so faithfully?

While Ali Sabry has reportedly neither prepared a last will nor expressed a wish to be buried in Dehiwala Mosque where his mother rests, the Rajapaksas are said to be meticulously planning the timing and location of their next step—removing yet another individual who possesses incriminating knowledge.


The Citizenship Saga: Ali Sabry's Crucial Role

The citizenship controversy that dogged Gotabaya Rajapaksa throughout his presidential campaign in 2019 placed Ali Sabry at the center of a high-stakes legal battle. Sabry led the legal team defending Rajapaksa against allegations that he had not properly renounced his U.S. citizenship before contesting the election . At a press briefing, Sabry produced what he claimed were official documents—including Gotabaya's U.S. passport with a "cancel" stamp, the oath of renunciation taken on April 17, 2019, and the Certificate of Loss of Citizenship approved by the U.S. State Department—to prove that the former defense secretary was no longer an American citizen .

Sabry's defense went further. When former Sports Minister Harin Fernando alleged that Gotabaya's name had not appeared in the Federal Register, Sabry countered that such publication could take months or even a year, arguing that the absence did not invalidate the renunciation . The Appeal Court ultimately dismissed the legal challenge to Rajapaksa's citizenship, clearing the path for his presidential victory . However, questions have persistently lingered, with some critics accusing Sabry of presenting fraudulent documents and creating an eleventh-hour crisis that left Gotabaya "helpless" . The new government's decision to reopen this citizenship case now places Sabry in an extremely precarious position, as he possesses firsthand knowledge of the renunciation process and the documents involved.

The Easter Sunday Attack Investigations

Perhaps even more troubling for the Rajapaksa family are the ongoing investigations into the 2019 Easter Sunday terror attacks, which killed over 250 people. Sabry's involvement in this matter has raised significant concerns about conflicts of interest. former Chief Opposition Whip Lakshman Kiriella revealed in Parliament that the Catholic Church, led by Cardinal Malcolm Ranjith, had formally opposed Foreign Minister Sabry's involvement in Easter Sunday-related matters at international forums . The Church's position stems from Sabry's previous role as counsel for Gotabaya Rajapaksa in 35 cases and his representation of Mohamed Ibrahim, whose sons were implicated in the attacks .

The Channel 4 documentary on the Easter Sunday attacks further complicated Sabry's position by raising questions about intelligence failures and potential complicity among senior officials. Former President Gotabaya Rajapaksa issued a denial of meetings with SIS intelligence Chief Suresh Sallay during the period referenced in the documentary—a claim Kiriella dismissed as "stories that should have been told to children" . With the new administration pursuing the Easter Sunday investigations more aggressively, including a travel ban on Rajapaksa and the prospect of international probes, Sabry's detailed knowledge of legal strategies and potential evidence could make him a critical witness for the prosecution.

Sabry's Political Rise and Loyalty Rewarded

Ali Sabry's career trajectory represents a remarkable ascent from relative obscurity to national prominence, largely built on his close association with the Rajapaksa family. A well-known civil lawyer who won the Jaycees TOYP 2009 award for Law, Sabry had appeared in many landmark cases, including successfully obtaining an interim injunction against the Sunday Leader newspaper for defaming Defence Secretary Gotabaya Rajapaksa . This early victory established a pattern of legal service that would prove immensely rewarding.

Under the Rajapaksa administration, Sabry received the coveted President's Counsel title, followed by appointments as Minister of Justice, Minister of Finance, and ultimately Minister of Foreign Affairs—positions for which critics argue he had questionable qualifications . His brief tenure as Finance Minister saw him unilaterally declare Sri Lanka's bankruptcy in 2022, an action critics claim lacked expert consultation and contributed to economic chaos . As Foreign Minister, he has been ridiculed for his English proficiency and appeared out of depth in diplomatic affairs . These rapid promotions have led to widespread allegations that Sabry's political loyalty was rewarded over legal merit, with some questioning whether the President's Counsel status has become "a political tool rather than a recognition of legal excellence" .

Tamil National Alliance MP M.A. Sumanthiran offered a particularly damning assessment of Sabry's appointment as Foreign Minister, suggesting it was a deliberate move to support President Gotabaya Rajapaksa after he fled the country in 2022 . This appointment raised eyebrows precisely because Sabry's primary qualification appeared to be his intimate knowledge of Rajapaksa's legal vulnerabilities rather than any diplomatic expertise.

The "Usual Method": Silence and Safety Concerns

The gravest dimension of this situation concerns the personal safety of Ali Sabry. There is a growing belief among political observers that the Rajapaksa family may be considering their "usual method" of dealing with individuals who know too much about their secrets. Sabry's knowledge is extensive and dangerous to the family: he has intimate understanding of the citizenship renunciation timeline, the legal strategies employed to defend against Easter Sunday investigations, and potentially other sensitive matters not yet in the public domain.

The Rajapaksa family has long faced allegations of using intimidation tactics against perceived threats—accusations that have followed them since the final stages of the civil war. As one political commentator noted, "nine generals who had fled this country are now giving evidence against Sri Lanka in international forums," suggesting a pattern of those with inside knowledge becoming liabilities . The family's alleged consideration of silencing Sabry, whether through political marginalization, public discrediting, or more serious means, represents a potentially explosive development in Sri Lankan politics.

A Witness Against His Former Client?

The most significant risk for the Rajapaksa family is the possibility that Sabry might become a witness in any future Department of Justice or international case against Gotabaya. As the personal lawyer who handled the citizenship renunciation and defended the family in numerous cases, Sabry possesses:

  1. Firsthand knowledge of the timeline and documentation surrounding Gotabaya's U.S. citizenship renunciation, including whether the process was legally complete before the presidential election 

  2. Strategic insights into the family's legal defense posture regarding the Easter Sunday attacks

  3. Access to communications between the Rajapaksa family and legal advisors during critical periods

  4. Financial knowledge of transactions related to the family's legal affairs

If compelled to testify, Sabry's testimony could be devastating. The new government's investigations, combined with potential international legal pressure, make Sabry's cooperation an increasingly valuable asset for prosecutors—and an existential threat to the Rajapaksa family.

The Legal and Ethical Quandary

Sabry's position as both a Member of Parliament and Foreign Minister while potentially being a witness against a former client creates a complex ethical dilemma. As a lawyer, Sabry is bound by attorney-client privilege, but the scope and limits of this privilege become murky when allegations of fraud or other criminal conduct arise. If Sabry knowingly participated in presenting fraudulent documents regarding the citizenship renunciation, the privilege could be pierced, and he could face legal consequences himself.

The Catholic Church's concern about Sabry's role in Easter Sunday investigations, as articulated by Kiriella in Parliament, underscores these ethical tensions . How can someone who defended the accused be trusted to participate in investigations of the accused? This question has troubled both the Church and legal observers, particularly as Sri Lanka faces potential international probes that could have severe diplomatic and economic consequences.

A Dangerous Game

As the new NPP government pursues investigations into the citizenship saga and Easter Sunday attacks, Ali Sabry finds himself in an increasingly untenable position. His loyalty to the Rajapaksa family was handsomely rewarded with prestigious titles and powerful ministerial portfolios, but those same rewards may now prove to be a golden cage from which there is no easy escape.

The Rajapaksa family's alleged consideration of their "usual method" to silence Sabry speaks to the lengths they may be willing to go to protect their secrets. However, in the modern political environment, with international scrutiny and domestic investigations intensifying, the old methods may no longer work. Sabry's knowledge is now a liability to the family, but it is also potentially his insurance—a guarantee that he cannot simply be discarded without consequences.

What remains certain is that Sri Lanka's political landscape, already volatile and polarized, faces yet another potentially explosive moment. The fate of Ali Sabry, caught between his political ambitions, his legal integrity, and his loyalty to a family now possibly seeking to silence him, will be a defining story of this new era in Sri Lankan politics. As investigations continue and the pressure mounts, both the Rajapaksa family and their one-time loyal lawyer are playing a dangerous game—one where the consequences for losing could be catastrophic for them all.

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