Bribery Commission In Question!

By Nirmala Kannangara-Sunday, February 23, 2014

Bribery Commissioner Dhammika Balapatabendi and Sunil Handunnetti, JVP MP

Eyebrows have been raised as to how the Commission to Investigate Allegations of Bribery or Corruption is covering up suppressing bribery and corruption charges against those who hold high posts in the government including the ruling party politicians. The Bribery Commission has to be an independent body that is filtered by justifi ation !hi h annot be messed up by any "isible or in"isible for e and has to !ork a#ainst orruption and fraud$ Ho!e"er, Bribery Commission appears to be fallin# to pie es as it is pla#ued !ith orruption and fraud$ Despite Bribery Commission%s responsibility to in"esti#ate into redible omplaints, they ha"e deliberately failed to a t on the omplaint lod#ed on January &, '(&) by Janatha Vimukthi Peramuna *JVP+ MP Sunil Handunnetti a#ainst Bribery Commissioner, Supreme Court Jud#e Dhammika Ja#ath de Sil"a Balapatabendi$ ,nstead of follo!in# the #eneral pro edure, the Bribery Commission has arried out an e-.parte hearin# by a one.man ommission to the surprise of the omplainant Handunnetti$

Bribery Commission letter dated / tober '), '(&& to 0erdinando after !hi h no a tion has been taken 12lthou#h substantial e"iden e has been #i"en to the Commission to pro"e ho! orrupt its Chairman is, the Commission deliberately failed to all me to hold an in3uiry$ ,nstead, it has arried out an e-.parte hearin# by a one.man Commission$ There is no su h rule in the Bribery 2 t$ ,f the Commission !ants to arry out an in"esti#ation, they ha"e to all me 4 the omplainant before the Commission to see !hether my omplaint ontains ade3uate or inade3uate material to pro eed !ith the matter or not,5 laimed Handunnetti$ The Bribery Commission has been #i"en the primary po!er to in"esti#ate alle#ations of offen es ommitted under the Bribery 2 t of 6o$ &7 of &77) and the De laration of 2ssets and 8iabilities 8a!, 6o$ & of &79: to dire t the institution on pro eedin#s a#ainst su h persons for su h offen es$ ,f an offen e is dis losed, the Bribery Commission shall dire t its Dire tor ;eneral to institute riminal pro eedin#s a#ainst su h persons in the appropriate ourt$ Sin e this pro edure is not follo!ed by the Bribery Commission, its reputation has not been inspirin# o"er the years$ 2s a result the publi onfiden e in the Commission has hit <ero le"el as they kno! that the entire Commission has been politi i<ed and there is no purpose of makin# omplaints a#ainst those !ho are = orre tly onne ted%$ 1The su ess rate of the Bribery Commission in prose utin# politi ians and those !ho hold hi#h offi e in the #o"ernment on bribery or orruption har#es in ourts has been <ero$ This is !ell kno!n to e"eryone in the ountry as the Bribery Commission is apable enou#h to at h a sprat !hile the a tual rooks es ape uns athed$ >arlier members to the Bribery Commission !ere nominated by the Constitutional Coun il and appointed by the President$ Ho!e"er sin e '((: it is the President that nominates and appoints the members to the Commission$ /b"iously !hen somebody is appointed to a hi#her post by

the #o"ernment he or she !ill not #o a#ainst them$ /n the other hand the #o"ernment !ill put a blind eye if any member of their o!n Commission is found to be orrupt and !ill not remo"e them sin e they are helpful,5 said a leadin# le#al luminary !ho !ished to remain anonymous$ 2 ordin# to the Bribery and Corruption 2 t it is the prime duty of the Commission members to maintain se re y entrusted upon them$ >"ery member must si#n a de laration that he !ill not dis lose any information re ei"ed, or omin# to his kno!led#e in the e-er ise and dis har#e of his po!ers and fun tions under the 2 t, e- ept for the purpose of #i"in# effe t to its pro"isions$ ?nder Se tion '' of the Bribery 2 t, any offi er !ho "iolates the se re y lause is liable to imprisonment on on"i tion for a term not e- eedin# fi"e years and@or to a fine not e- eedin# As$ &((,((( 2lthou#h the 2 t states as su h, the Bribery Commission members in ludin# its Chairman !ho !as a Supreme Court Jud#e ha"e openly "iolated the se re y lause$ 1,n re#ard to the omplaint made by Handunnetti, it !as the Commission%s responsibility to #et the omplainant for an in3uiry and de ide !hether to pro eed !ith the in"esti#ation or not$ Ho!e"er instead of follo!in# this pro edure, the ommission !ent on #i"in# statements to the media that the one.man ommission has found out the omplaint to be baseless, la k of e"iden e, distorted and mali ious !hi h do not !arrant an in"esti#ation$ >"en the Chairman of the Commission, Balapatabendi has a ted ontrary to the Bribery Commission 2 t by "iolatin# the pro"isions relatin# to se re y !hi h he is bound to omply !ith$ 2lthou#h he is bound to prote t the onfidentiality of the Commission !ork, he !ent on #oin# to the press releasin# statements of !hat their plans !ere a#ainst the former Chief Justi e Shirani Bandaranayake$ The 3uestion is ho! an the Bribery Chief "iolate the rules and re#ulations of the Bribery 2 tB The rule of la! has to be e3ual to e"eryone despite !hat their so ial statuses are$ Hen e Balapatabendi and his offi ers should be imprisoned immediately for brea hin# the se re y pro"isions in the Bribery 2 t,5 the sour es said$ Cith Bribery Commission%s failure to inform the JVP MP !hat the pro#ress of his omplaint is, Handunnetti made another "isit to the Bribery Commission on 0riday, January D&$ 1Chen , !ent for the se ond time, the Commission told that , !ould be informed about its pro#ress at the earliest$ Ho!e"er one !eek after my "isit, , sa! a media release by the Bribery Commission that my omplaint has been reje ted sin e it !as baseless, mali ious !ithout ade3uate material for further in"esti#ation$ That is !hy , !ent to the Commission for the third time on Cednesday 0ebruary &'$ , !as told by the Dire tor ;eneral 8u kshmi Jaya!i krema that a letter had been sent to me by re#istered post on 0ebruary :$ ,t is ten days sin e the =letter% !as posted under re#istered o"er but yet to be re ei"ed by me,5 said Handunnetti$ Mean!hile, Sunil Cata#ala, 2ttorney.at.la! !ho a ompanied Handunnetti to the Bribery Commission on all three o asions said that the party is plannin# to take le#al a tion a#ainst the Commission at the "ery earliest$

1Ce !ill be #oin# to the Supreme Court but doubtful !hether !e !ill be #i"en lea"e to pro eed as !e !ant to take a tion a#ainst Balapatabendi !ho !as one time a Justi e$ But ho!e"er !e !ill be insti#atin# le#al a tion a#ainst the Commission,5 said Cata#ala$ Chen Handunnetti re3uested a opy of the letter that is said to ha"e posted to him, the Commission Se retary said that the re3uest annot be fulfilled$ Handunnetti further 3ueried as to ho! the Commission as stated that the omplaint is baseless, de"oid of truth, mali ious and no substantial e"iden e to pro"e that Balapatabendi is orrupt$ 1Balapatabendi !as a member of the Ben h of Jud#es presided o"er by Sarath 6$ Sil"a in SC Sp$ 82 6o$ E)@'((E$ ,n this matter the plaintiff !as Vehi le 8anka P"t$ 8td !hi h is o!ned by Harsha Prabath de Sil"a$ /n June ', '((E the rulin# !as #i"en in fa"our of Vehi les 8anka to re#ister &): "ehi les !ith AMV$ 2 ordin# to the e-tra t of the Vehi le Ae#istration obtained from the AMV on June '9, '(&D the o!ner of the "ehi le as at that date !as Dhammika Ja#ath de Sil"a Balapatabendi of &9D@&) C, Mihindu M!, Dehi!ala$ ,n fa t he has be ome the o!ner of the said "ehi le on January &D, '(&D,5 said Handunnetti$ He further said, 5Chen another e-tra t of the re#istration !as obtained from the AMV on September &E, '(&D, t!o additional names, Jahin#e Senerath Jayasin#he and Sampath Mudiyansala#e Sujee"a 6a"odaya Celi#ala had been inserted$ They ha"e ba kdated fraudulently as o!ners from 2pril '', '(&D and June (F, '(&D respe ti"ely$ This is a falsified fraudulent re#istration ommitted by Balapatabendi as he !as the re#istered o!ner of the >mperor "ehi le$ Chen Balapatabendi !as the re#istered o!ner of the said "ehi le the Ae"enue 8i en e had been obtained in Sampath Mudiyansela#e Sujee!a 6a"odya Celli#alla%s name$ The Vehi le Ae#istration Certifi ate and the opy of the pre"ious Ae"enue 8i en e are mandatory re3uirements to obtain a Ae"enue 8i en e$ Hen e it is ob"ious that a for#ed Vehi le Ae#istration Certifi ate had been submitted by Balapatabendi !ith his kno!led#e to obtain the Ae"enue 8i en e under Celli#alla%s name5$ 2 ordin# to Handunnetti, althou#h Vehi les 8anka has #i"en an assuran e to the Supreme Court that the "ehi les assembled by them !ill be traded under >mperor and that brand name su h as Mitsubishi, 6issan or Toyota !ould not be used, Balapatabendi used a Toyota bad#e in his >mperor ar$ That sho!s ho! Balapatabendi dishonoured the #uarantee #i"en to ourts$ 12t the time rele"ant to the so alled pur hase of the "ehi le, Balapatabendi !as maintainin# se"eral bank a ounts in !hi h he had no money to the "alue of the said "ehi le$ , ha"e #i"en details of his bank a ount numbers to the Bribery Commission$ ,f Balapatabendi laims that he paid money to pur hase this ar, let him sho! from !here he #ot the money,5 hallen#ed Handunnetti$ 2lle#ations a#ainst Pradeep 6ilan#a Dela Mean!hile, former Personal 2ssistan e to Diya!adana 6ilame *D6+ 6ihal 0erdinando told The Sunday 8eader as to ho! his omplaints a#ainst Pradeep 6ilan#a Dela !ere not

in"esti#ated althou#h he had submitted all rele"ant supporti"e do uments$ 1, lod#ed a omplaint *Case 6oG BC@ &((D@ &&+ in the Bribery Commission a#ainst Dela%s unorthodo- administration in '(&& but , re#ret to say nothin# has been done o"er the past three years$ Bribery Commission should a t independently !ithout prejudi e by any e-ternal for e$ ,t is surprisin# as to !hy the Bribery Commission is dra##in# its feet !ithout holdin# e"en an initial in3uiry into my omplaint !hen suffi ient e"iden e ha"e been submitted,5 laimed 0erdinando$ 2 ordin# to 0erdinando, he had submitted all do uments to pro"e his alle#ations as to ho! Dela had used Mali#a!a funds to in orporate a pri"ate business enterprise, ho! Mali#a!a properties ha"e been au tioned, ho! a mini John.Cooper ar !as imported utili<in# Mali#a!a funds, ho! buildin# materials for his pri"ate residen e !ere imported duty free under Mali#a!a name, et $ 12fter sendin# se"eral reminders to find out as to !hat the pro#ress of my omplaint is, Dire tor ;eneral 8u kshmi Jaya!i krema sent a letter dated 2u#ust 'D, '(&& that my file has been referred to the Commission for onsideration and appropriate orders$ /n / tober '), '(&& she sends another offi ial letter laimin# that after preliminary in"esti#ations, a le#al report has been alled from the le#al di"ision in order to de ide on further steps,5 added 0erdinando$ Ho!e"er, he further said that it had taken one year for him to re ei"e a letter on e a#ain from the Bribery Commission about the status of the in"esti#ation$ 1/n / tober 7, '(&', the 2ssistant Dire tor 8e#al informed me that a report had been submitted to the Dire tor ;eneral by the 8e#al Di"ision$ Sin e then the Bribery Commission is silent and does not a kno!led#e re eipt to any of my letters,5 said 0erdinando$ 2lle#ations a#ainst Mer"yn Sil"a Chairman Helaniya Pradeshiya Sabha!a Prasanna Aana!eera too a used the Bribery Commission for not initiatin# and in"esti#ation into their omplaint a#ainst Publi Aelations and Publi 2ffairs Minister Mer"yn Sil"a$ 1,t is more than one year sin e !e ha"e lod#ed a omplaint a#ainst Minister Sil"a in the Bribery Commission but as !e e-pe ted nothin# has happened$ /ur omplaint !as based on the "ast amount of !ealth Minister Sil"a has a 3uired from the time he entered into politi s$ Ho! an a person !ho !orked as a salesman at the CC> be ome a billionaire !ithin a fe! yearsB Ce ha"e submitted all details as to ho! he a 3uired !ealth to the Commission but to no a"ail,5 said Aana!eera$ He further a used the Commission for startin# an in"esti#ation a#ainst Minister Sil"a last year !hen the Minister fell apart !ith the #o"ernment$ 16/ sooner the #o"ernment sidelined Minister Sil"a last year, the Bribery Commission started an in"esti#ation to find out as to ho! he a 3uired his !ealth but on e a#ain it has s!ept under the arpet sin e he is in the #ood books !ith the #o"ernment$ Do !e really need to maintain su h a hypo rite Commission !ith the ta- payers% money,5 3ueried Aana!eera$