Minister Johnston discharged from bribery case

Minister Johnston Fernando was yesterday discharged by the Colombo High Court from by the Director General of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

The action had been filed under the Bribery Act during the period of Director General of Bribery, Dilrukshi Dias Wickramasinghe.

The CIABOC Director General had alleged that Fernando had employed CWE workers for election related purposes. 

The Counsel for Johnston Fernando raised a preliminary objection, claiming that in any event the prosecution could not maintain the case as they had failed to comply with the mandatory provisions required under the law.

The court was informed that the former DG had filed the action maliciously and without obtaining a mandatory direction under Section 11 of the Bribery Act. Under that provision the Director General could not institute an action without the three Commissioners approving a prosecution. It was also argued that when a prosecution was initiated in a Magistrate Court it was mandatory to obtain the sanction of the Commission and that the former DG Bribery had filed the action without such sanction.

These preliminary objections were overruled by the Magistrate Colombo. However, Johnston Fernando filed an application for Revision and acting in Revision Colombo High Court Judge Adithya Patabendige, accepted the position of Johnston Fernando and discharged him from the criminal charges.

Kalinga Indatissa PC with Samantha Premachandra, Rashmini Kalpana Indatissa and Razana Salih appeared for petitioner Johnston Fernando.

Ganga Heiyanthuduwa appeared for the prosecution.