Most bribery cases fall through owing to CIABOC’s lapses

Viyangoda points out President silent on AG

By Shamindra Ferdinando

The majority of cases filed by the CIABOC (Commission to Investigate Allegations of Bribery or Corruption) had been withdrawn primarily on technical grounds, mainly the absence of sanction of all three commissioners, those familiar with the process told The Island.

In terms of the previous bribery Act, the sanction of all commissioners was a must, sources said. The Act made written sanction of three commissioners compulsory before an indictment was drafted, sources said, adding that remedial measures were taken through the new bribery act.

The then Justice Minister Dr. Wijeyadasa Rajapakse, PC, introduced Anti-Corruption Act No 09 of 2023.

Sources said so responding to harsh criticism of the CIABOC by President Anura Kumara Dissanayake at the ‘International Anti-Corruption Day National Celebration at the Bandaranaike Memorial International Conference Hall (BMICH).

President’s Media Division (PMD) quoted National People’s Power (NPP) leader who is also the chief of Janatha Vimukthi Peremuna (JVP) as having disclosed that of 69 cases that had been filed in 2021, 40 were later withdrawn. Similarly, in the following year of 89 cases that had been filed, 45 were later withdrawn, the President was quoted as having said at the Dec 09 event.

Declaring that the public had a right to know the circumstances under which so many cases were withdrawn within two years, President Dissanayake called for an explanation from CIABOC as to why investigating officers failed to appear as witnesses in these cases.

President rapped the CIABOC in the presence of its new leadership. The then President Ranil Wickremesinghe appointed W.M.N.P. Iddawala, former Judge of the Court of Appeal and Deputy Secretary General of Parliament as the new Chairman. Its other members are Bernard Rajapakse, former Senior Deputy General Manager of People’s Bank, and Chethiya Goonesekera, President’s Counsel and Additional Solicitor General of the Attorney General’s Department. They assumed duties on January 01, 2024.

Responding to The Island queries, sources emphasised that the responsibility for creating a situation that led to the withdrawal of so many cases-a staggering 85 cases out of 158 within two years lies with the respective commissions. Sources explained that the indictments that had been filed and later withdrawn in 2021 and 2022 weren’t moved by the commissions in place during that period.

Sources also questioned the role of the Director General of the CIABOC in the crisis created within the set up.

Commissioners are appointed on the recommendation of the Constitutional Council headed by the Speaker of Parliament.

As a result of political compulsions some commissioners had been in an indecent hurry to indict targeted persons hastily, sources said. There had been cases where indictments had been filed before the completion of inquiries, sources added, pointing out that when the defendants’ side took up objection in court, CIABOC had no option but to withdraw cases.

The new government couldn’t be unaware that the CIABOC had refiled some of the indictments. But, unfortunately in some cases there was no evidence to file an indictment, sources said.

Due to covid-19 eruption, the CIABOC suffered and during 20/21 period there hadn’t been any fresh indictments, sources said, adding that those filed during the yahapalana administration (2015-2019) were pursued.

Sources said that the powers that be needed to seriously examine the gradual weakening of the system overwhelmed by the political party system.

Civil society activist Gamini Viyangoda who on behalf of Purawesi Balaya raised the withdrawal of high profile cases that had been filed during yahapalana administration yesterday (25) told The Island that culpability of the CIABOC couldn’t be discussed without examining the conduct of the Attorney General’s Department.

The President, in his criticism of the failure on the part of CIABOC hadn’t referred to the AG’s Department at all, Viyangoda pointed out.

Viyangoda alleged Sri Lanka never had an apparatus that honestly pursued cases of waste, corruption and irregularities. Those assigned the task instead of fulfilling their objectives sought to appease their political masters and other interested parties at the expense of good governance and accountability.

Viyangoda emphasised that both CIABOC and AG’s Department had been neglected, resulting in extremely careless and serious shortcomings on the part of the two vital bodies. But, the primary issue is nothing but political interference and those in key positions of the above mentioned bending backwards to facilitate political agendas, he alleged.

Viyangoda asserted that a change couldn’t be expected as long as the government took tangible measures to end political interference in the judiciary, police, CIABOC and AG’s Department.

A major drawback is that successive governments had failed to adhere to the laws of the land, Viyangoda said, urging the parliament to address the issues at hand pertaining to corruption without further delay.