Bribery Chief in hot water

Bribery Chief in hot water

by Gagani WeerakoonJanuary 5, 2014 The Commission to Investigate Allegations of Bribery or Corru tion !CIAB"C#, whi$h was establishe% with a man%ate of $ontributing to the maintenan$e of goo% governan$e in the $ountry, is to%ay fa$ing the threat of losing ubli$ trust as its to most ost is being a$$use% of $ommitting $orru tion& Though the Commission sin$e its in$e tion has hit the hea%lines on several o$$asions in$lu%ing the arbitrary e' elling of former Bribery Commissioner (elum )amage in the latter art of the *nite% (ational +arty !*(+# a%ministration in 1,,- by the then +resi%ent, an% its .ire$tor )eneral being as/e% to resign by the 0'e$utive in 2001, this is for the first time that a to offi$ial in the $ountry2s 3in%e en%ent2 bo%y to ta$/le bribery an% $orru tion has been a$$use% of $orru tion& The first salvo against the CIAB"C Chairman, Jagath Bala ataben%i, was %elivere% by *(+ Colombo .istri$t +arliamentarian, 4u5eewa 4enasinghe, last month !.e$ember# an% that too in +arliament& By then Bala ataben%i ha% $ome un%er severe $riti$ism on several o$$asions, for allege%ly su ressing an% $overing u $harges of bribery an% $orru tion lo%ge% against government oliti$ians an% their stooges& 4enasinghe, %uring the %ebate on the 2014 Bu%get, ointe% out how the Bribery Chief ha% allege%ly ai%e% an% abette% in the arrest of the former .ire$tor !+reventive# of 4ri 6an/a

Customs over an allege% $harge of bribery early last year, as a ersonal favour to one of his frien%s, the owner of 7ehi$le 6an/a !+vt# 6t%&, 8arsha %e 4ilva& 8e sai% that though an arrest has to be ma%e when the bribe is being a$$e te%, in the $ase of the former Customs +reventive .ire$tor, 9an5an :anagasabai, bribery offi$ials were not resent at the time the bribe was ur orte% to have been given, to ositively $on$lu%e whether the bribe was a$$e te% or not& ;hile 4enasinghe2s revelation given huge ubli$ity in the me%ia, the issue too/ a new turn when the Janatha 7imu/thi +eramuna !J7+# %eman%e% that +resi%ent <ahin%a 9a5a a/sa sus en% Bala ataben%i, from the ost aving the way for the Commission to $arry out in%e en%ent investigations on allegations against its Chief& Unprecedented petition That was following the han%ing over of the etition to the Commission to investigate $harges allege%ly $ommitte% by Bala ataben%i in the ast si' years, from the time he was a Ju%ge of the 4u reme Court, until the resent time, in his $a a$ity as the Chairman of CIAB"C& J7+ Colombo .istri$t +arliamentarian, 4unil 8an%unnetti, sai%, =It is the +resi%ent who a oints the Chairman of the Commission an% he shoul% ta/e ne$essary measures to ensure that the $re%ibility of the institution is not at sta/e& "n the other han%, Bala ataben%i also shoul% ensure that the Commission has the free%om to $arry out free an% fair investigations& The Commission will %e$i%e whether he is wrong or $lear him of the $harges& In or%er to %o this, either he has to ste %own until su$h time or the +resi%ent shoul% as/ him to ste %own&= The etition han%e% over to the Commission alleges that Justi$e Bala ataben%i tam ere% with %o$uments, re$eive% /i$/ba$/s from the allege% vehi$le %ealer an% illegally use% the vehi$le in >uestion, bearing number :) ,-21& Ten%ering a $o y of the $ertifie% $o y of the Journal entry of 2 June 2001, along with the etition, 8an%unnetti state% that on 2 June2001, in $ase number 4C !4 l# 6&A& (o& 14?2001 of <?4 7ehi$le 6an/a +vt, a ositive or%er was ma%e by the Ben$h to register 145 vehi$les with the 9<7 !9egistrar of <otor 7ehi$les# an% re ort to Court on the -r% of the same month& .es ite the vehi$le, bearing number :) ,-21 !Chassis (o& AT211@A01121B#, being registere% in the name of 4aman +unyasiri Cernan%o on 20@01@2011, the 9evenue 6i$en$e for the same vehi$le was issue% on the 10 June 2001, in favour of 4am ath <u%iyanselage 4u5eewa (avo%ya ;eligalle of 9atnarama 9oa%, Boralesgamuwa& This vehi$le is one of the 145 vehi$les registere% as er the "r%er of the 4u reme Court %ate% 2 June 2001, in whi$h Bala ataben%i was a member of the Ben$h ma/ing su$h "r%er& A$$or%ing to the e'tra$t of the 7ehi$le 9egistration obtaine% from the 9<7 on 2B June 201the owner of the vehi$le as at that %ate was .hammi/a Jagath %e 4ilva Bala ataben%i of 1B-?14 C, <ihin%u <w&, .ehiwala& In fa$t he ha% be$ome the owner of the sai% vehi$le (o& :) ,-21

on the 1- January 201- as the same was transferre% by 4aman +unyasiri Cernan%o& Extract of registration The etition state% that however, another e'tra$t of the registration obtaine% from the 9<7 as at 11 4e tember 201-, two a%%itional names, Jahinge 4enerath Jayasinghe an% 4am ath <u%iyanselage 4u5eeva (avo%aya ;eligalle, res e$tively, ha% been inserte% !frau%ulently ba$/ %ate%# as owners from 22 A ril 201- an% A June 201-& DThis is a falsifie% frau%ulent registration $ommitte% by Bala ataben%i as he was the registere% owner of the 0m eror vehi$le bearing registration number :) ,-21 at least u to 2B June 201-& 0ven though former Justi$e Bala ataben%i is the registere% owner of the vehi$le bearing 9egistration (umber :) ,-21 from , June 2001 to , June 201- the revenue li$en$e ha% been a lie% for an% obtaine% in the name of one 4am ath <u%iyanselage 4u5eewa (avo%ya ;elligalle& The vehi$le registration $ertifi$ate an% the $o y of the revious revenue li$en$e are man%atory re>uirements for obtaining a revenue li$en$e& 8en$e, it is obvious that a forge% vehi$le registration $ertifi$ate ha% been submitte% by Bala ataben%i, or with his $onnivan$e an%?or $ollusion, to obtain the revenue li$en$e in another erson2s name !;eligalle#&E 8an%unnetti state% in the +etition& The petition further states: 3In the +etition file% by the +etitioner in CA 4 l& 6A (o& 14?2001 in +ara 2B ! age - of .A# an assuran$e given by <?s 7ehi$le 6an/a +vt& 6t%& !8arsha +rabath 4ilva# rea%s as followsF DThe vehi$le assemble% by the +etitioner was tra%e% un%er the name of 0m eror an% the names su$h as <itsubishi, (issan an% Toyota are not use% by the +etitioner&E (otwithstan%ing this assertion, %uring the erio% of ownershi Bala ataben%i ha% use% the sai% vehi$le with the Toyota ba%ges& Bala ataben%i was well aware of the fa$t that the vehi$le that was use% by him was an 30m eror2 vehi$le, given that he ha% registere% the vehi$le as 30m eror2 un%er his own registration with the 9<7, when in fa$t he was using the same vehi$le in the name of a 3Toyota Corolla&2 8ere again Bala ataben%i ha% a$te% in a $orru t manner& The vehi$le ha% not been insure% %uring the erio% of Bala ataben%i2s ownershi & *sing a vehi$le without a vali% insuran$e is an offen$e& The first time it was insure% was on 5 June 201-& 8owever, as er the 9<7 registration obtaine% on 11@0,@201-, it is $onfirme% that even on 2B June 201- Bala ataben%i was the registere% owner of the vehi$le, an% was transferre% finally to the same ;eligalle on the 0A@0A@201- by a frau%ulent mani ulation at the 9<7, with the $onnivan$e of Bala ataben%i& It is therefore allege% that it is 8arsha +rabath who ha% obtaine% the servi$es of ;eligalle an% Jayasinghe along with 4aman Cernan%o to give a bribe of a <otor 7ehi$le to Bala ataben%i& As er the statement ma%e by 8arsha +rabath %e 4ilva to the Bribery Commission on the -l .e$ember 2012, he has allege% that 9an5an :anagasabai ha% as/e% for a bribe only on 2A

.e$ember 2012, whereas a $om laint to the Bribery Commission was ma%e against 9an5an :anagasabei only on -1 .e$ember 2012& This fa$t is also $onfirme% by I+ Abeysinghe of the Bribery Commission& 8owever, 8arsha +rabath %e 4ilva ha% been ma/ing fre>uent tele hone $alls to Bala ataben%i rior to the $om laint ma%e to the Bribery Commission, whi$h reinfor$es the fa$t that they were /nown to ea$h other by virtue of the bribe, in $onne$tion with the 30m eror2 $ar that was given to Bala ataben%i an% they were in $ommuni$ation with ea$h other& At the time relevant to the so $alle% ur$hase of the vehi$le bearing 9egistration (o& :) ,-21, the Chairman of the Bribery Commission ha% several ban/ a$$ounts in whi$h he ha% no money to the value of the sai% vehi$le, to be able to ur$hase the sai% vehi$le by ma/ing a vali% ayment& The numbers of su$h ban/ a$$ounts are given here for easy referen$eG Commer$ial Ban/ A$$ount (o& 151001-15A, Commer$ial Ban/ 4avings A$$ount (o& 11B00010-1 an% Ban/ of Ceylon A$$ount (o& 214A2B4A,4,& .hammi/a Jagath %e 4ilva Bala ataben%i, who is also the Chairman of the Bribery Commission, shoul% be treate% as an or%inary sus e$t in a normal $ase u on in>uiry $on$erning the $om laint, 8an%unnetti state% in the etition& 8e further sai%F D(o $onfi%en$e $an be la$e% on the a%%itional two Commissioners too, be$ause they $ontinue to sit with the Chairman of the Commission on other matters an% %erive various fa$ilities that are %e$i%e% u on by the Chairman of the Commission& In this arti$ular $ase, so long as the sus e$t remains as the Chairman of the Bribery Commission an% e'erts statutory authority on the offi$ers of the Bribery or Corru tion Commission, I %o not e' e$t any 5usti$e to be mete% out with regar% to this allegation or any other allegation that is en%ing in the Commission& This situation is also an insult to the entire Commission an% to the entire $ountry along with the Ju%i$iary as this is the first time ever that there has ever been an allegation of rove% $orru tion against a Ju%ge of the 4u reme Court in a $ountry ri%%le% with bribery an% $orru tion& 8owever, in the name of 5usti$e an% e>uity I am ma/ing this $om laint to you to investigate this $om laint, giving it the riority that it %eserves, as this $om laint is ma%e against the very erson who is statutorily tas/e% with the %uty of investigating Bribery or Corru tion an% initiate ro$ee%ings against him as re>uire% by 6aw&E TISL write to resident In the wa/e of the etition an% J7+2s %eman% to sus en% Bala ataben%i from his ost as CIAB"C Chairman, the in%e en%ent $orru tion wat$h%og, Trans aren$y International 4ri 6an/a !TI46#, in a letter to +resi%ent <ahin%a 9a5a a/sa on Thurs%ay !2# also %eman%e% the same& In the letter, TI46 0'e$utive .ire$tor, 4& 9anugge sai%, in or%er to ensure trans arent investigation into the allegations levelle% against Bala ataba%i, he shoul% be remove% from the ost of Chairman !not from the Commission#&

DThe allegations are in%ee% of a serious nature an% any hin%ran$e to investigations will 5eo ar%iHe the $re%ibility of the institution as well as its offi$ials& ;e believe that you an% the government will $onsi%er this matter with utmost im ortan$e an% ta/e all measures to e' e%ite investigations& Continuing to /ee a erson whose integrity has been $hallenge%, as the Chairman of the Commission that investigates allegations of bribery or $orru tion is a threat to goo% governan$e,E 9anugge state%&