Bribery Chief in hot water
Bribery Chief in hot water
by Gagani Weerakoon-
January 5, 2014
The Commission to Investigate Allegations of Bribery or Corruption (CIABOC), which was established with a mandate of contributing to the maintenance of good governance in the country, is today facing the threat of losing public trust as its topmost post is being accused of committing corruption.
Though the Commission since its inception has hit the headlines on several occasions including the arbitrary expelling of former Bribery Commissioner Nelum Gamage in the latter part of the United National Party (UNP) administration in 1993 by the then President, and its Director General being asked to resign by the Executive in 2008, this is for the first time that a top official in the country’s ‘independent’ body to tackle bribery and corruption has been accused of corruption.
The first salvo against the CIABOC Chairman, Jagath Balapatabendi, was delivered by UNP Colombo District Parliamentarian, Sujeewa Senasinghe, last month (December) and that too in Parliament. By then Balapatabendi had come under severe criticism on several occasions, for allegedly suppressing and covering up charges of bribery and corruption lodged against government politicians and their stooges.
Senasinghe, during the debate on the 2014 Budget, pointed out how the Bribery Chief had allegedly aided and abetted in the arrest of the former Director (Preventive) of Sri Lanka Customs over an alleged charge of bribery early last year, as a personal favour to one of his friends, the owner of Vehicle Lanka (Pvt) Ltd., Harsha de Silva.
He said that though an arrest has to be made when the bribe is being accepted, in the case of the former Customs Preventive Director, Ranjan Kanagasabai, bribery officials were not present at the time the bribe was purported to have been given, to positively conclude whether the bribe was accepted or not.
While Senasinghe’s revelation given huge publicity in the media, the issue took a new turn when the Janatha Vimukthi Peramuna (JVP) demanded that President Mahinda Rajapaksa suspend Balapatabendi, from the post paving the way for the Commission to carry out independent investigations on allegations against its Chief.
Unprecedented petition
That was following the handing over of the petition to the Commission to investigate charges allegedly committed by Balapatabendi in the past six years, from the time he was a Judge of the Supreme Court, until the present time, in his capacity as the Chairman of CIABOC.
JVP Colombo District Parliamentarian, Sunil Handunnetti, said, "It is the President who appoints the Chairman of the Commission and he should take necessary measures to ensure that the credibility of the institution is not at stake. On the other hand, Balapatabendi also should ensure that the Commission has the freedom to carry out free and fair investigations. The Commission will decide whether he is wrong or clear him of the charges. In order to do this, either he has to step down until such time or the President should ask him to step down."
The petition handed over to the Commission alleges that Justice Balapatabendi tampered with documents, received kickbacks from the alleged vehicle dealer and illegally used the vehicle in question, bearing number KG 9321.
Tendering a copy of the certified copy of the Journal entry of 2 June 2008, along with the petition, Handunnetti stated that on 2 June2008, in case number SC (Spl) L.A. No. 84/2008 of M/S Vehicle Lanka Pvt, a positive order was made by the Bench to register 145 vehicles with the RMV (Registrar of Motor Vehicles) and report to Court on the 3rd of the same month.
Despite the vehicle, bearing number KG 9321 (Chassis No. AT211-6018287), being registered in the name of Saman Punyasiri Fernando on 20-01-2011, the Revenue Licence for the same vehicle was issued on the 10 June 2008, in favour of Sampath Mudiyanselage Sujeewa Navodya Weligalle of Ratnarama Road, Boralesgamuwa. This vehicle is one of the 145 vehicles registered as per the Order of the Supreme Court dated 2 June 2008, in which Balapatabendi was a member of the Bench making such Order.
According to the extract of the Vehicle Registration obtained from the RMV on 27 June 2013 the owner of the vehicle as at that date was Dhammika Jagath de Silva Balapatabendi of 173/14 C, Mihindu Mw., Dehiwala. In fact he had become the owner of the said vehicle No. KG 9321 on the 13 January 2013 as the same was transferred by Saman Punyasiri Fernando.
Extract of registration
The petition stated that however, another extract of the registration obtained from the RMV as at 18 September 2013, two additional names, Jahinge Senerath Jayasinghe and Sampath Mudiyanselage Sujeeva Navodaya Weligalle, respectively, had been inserted (fraudulently back dated) as owners from 22 April 2013 and 6 June 2013.
“This is a falsified fraudulent registration committed by Balapatabendi as he was the registered owner of the Emperor vehicle bearing registration number KG 9321 at least up to 27 June 2013. Even though former Justice Balapatabendi is the registered owner of the vehicle bearing Registration Number KG 9321 from 9 June 2008 to 9 June 2013 the revenue licence had been applied for and obtained in the name of one Sampath Mudiyanselage Sujeewa Navodya Welligalle. The vehicle registration certificate and the copy of the previous revenue licence are mandatory requirements for obtaining a revenue licence. Hence, it is obvious that a forged vehicle registration certificate had been submitted by Balapatabendi, or with his connivance and/or collusion, to obtain the revenue licence in another person’s name (Weligalle).” Handunnetti stated in the Petition.
The petition further states:
‘In the Petition filed by the Petitioner in CA Spl. LA No. 84/2008 in Para 27 (page 3 of D6) an assurance given by M/s Vehicle Lanka Pvt. Ltd. (Harsha Prabath Silva) reads as follows; “The vehicle assembled by the Petitioner was traded under the name of Emperor and the names such as Mitsubishi, Nissan and Toyota are not used by the Petitioner.”
Notwithstanding this assertion, during the period of ownership Balapatabendi had used the said vehicle with the Toyota badges. Balapatabendi was well aware of the fact that the vehicle that was used by him was an ‘Emperor’ vehicle, given that he had registered the vehicle as ‘Emperor’ under his own registration with the RMV, when in fact he was using the same vehicle in the name of a ‘Toyota Corolla.’ Here again Balapatabendi had acted in a corrupt manner.
The vehicle had not been insured during the period of Balapatabendi’s ownership. Using a vehicle without a valid insurance is an offence. The first time it was insured was on 5 June 2013. However, as per the RMV registration obtained on 18-09-2013, it is confirmed that even on 27 June 2013 Balapatabendi was the registered owner of the vehicle, and was transferred finally to the same Weligalle on the 06-06-2013 by a fraudulent manipulation at the RMV, with the connivance of Balapatabendi. It is therefore alleged that it is Harsha Prabath who had obtained the services of Weligalle and Jayasinghe along with Saman Fernando to give a bribe of a Motor Vehicle to Balapatabendi.
As per the statement made by Harsha Prabath de Silva to the Bribery Commission on the 3l December 2012, he has alleged that Ranjan Kanagasabai had asked for a bribe only on 26 December 2012, whereas a complaint to the Bribery Commission was made against Ranjan Kanagasabei only on 31 December 2012. This fact is also confirmed by IP Abeysinghe of the Bribery Commission. However, Harsha Prabath de Silva had been making frequent telephone calls to Balapatabendi prior to the complaint made to the Bribery Commission, which reinforces the fact that they were known to each other by virtue of the bribe, in connection with the ‘Emperor’ car that was given to Balapatabendi and they were in communication with each other.
At the time relevant to the so called purchase of the vehicle bearing Registration No. KG 9321, the Chairman of the Bribery Commission had several bank accounts in which he had no money to the value of the said vehicle, to be able to purchase the said vehicle by making a valid payment. The numbers of such bank accounts are given here for easy reference: Commercial Bank Account No. 8580013156, Commercial Bank Savings Account No. 8870008038 and Bank of Ceylon Account No. 28462746949.
Dhammika Jagath de Silva Balapatabendi, who is also the Chairman of the Bribery Commission, should be treated as an ordinary suspect in a normal case upon inquiry concerning the complaint, Handunnetti stated in the petition.
He further said; “No confidence can be placed on the additional two Commissioners too, because they continue to sit with the Chairman of the Commission on other matters and derive various facilities that are decided upon by the Chairman of the Commission. In this particular case, so long as the suspect remains as the Chairman of the Bribery Commission and exerts statutory authority on the officers of the Bribery or Corruption Commission, I do not expect any justice to be meted out with regard to this allegation or any other allegation that is pending in the Commission.
This situation is also an insult to the entire Commission and to the entire country along with the Judiciary as this is the first time ever that there has ever been an allegation of proved corruption against a Judge of the Supreme Court in a country riddled with bribery and corruption. However, in the name of justice and equity I am making this complaint to you to investigate this complaint, giving it the priority that it deserves, as this complaint is made against the very person who is statutorily tasked with the duty of investigating Bribery or Corruption and initiate proceedings against him as required by Law.”
TISL write to President
In the wake of the petition and JVP’s demand to suspend Balapatabendi from his post as CIABOC Chairman, the independent corruption watchdog, Transparency International Sri Lanka (TISL), in a letter to President Mahinda Rajapaksa on Thursday (2) also demanded the same.
In the letter, TISL Executive Director, S. Ranugge said, in order to ensure transparent investigation into the allegations levelled against Balapatabadi, he should be removed from the post of Chairman (not from the Commission).
“The allegations are indeed of a serious nature and any hindrance to investigations will jeopardize the credibility of the institution as well as its officials. We believe that you and the government will consider this matter with utmost importance and take all measures to expedite investigations. Continuing to keep a person whose integrity has been challenged, as the Chairman of the Commission that investigates allegations of bribery or corruption is a threat to good governance,” Ranugge stated.
Bribery Chief in hot water
by Gagani Weerakoon-January 5, 2014
The Commission to Investigate Allegations of Bribery or Corruption (CIABOC), which was established with a mandate of contributing to the maintenance of good governance in the country, is today facing the threat of losing public trust as its topmost post is being accused of committing corruption.Though the Commission since its inception has hit the headlines on several occasions including the arbitrary expelling of former Bribery Commissioner Nelum Gamage in the latter part of the United National Party (UNP) administration in 1993 by the then President, and its Director General being asked to resign by the Executive in 2008, this is for the first time that a top official in the country’s ‘independent’ body to tackle bribery and corruption has been accused of corruption.
The first salvo against the CIABOC Chairman, Jagath Balapatabendi, was delivered by UNP Colombo District Parliamentarian, Sujeewa Senasinghe, last month (December) and that too in Parliament. By then Balapatabendi had come under severe criticism on several occasions, for allegedly suppressing and covering up charges of bribery and corruption lodged against government politicians and their stooges.
Senasinghe, during the debate on the 2014 Budget, pointed out how the Bribery Chief had allegedly aided and abetted in the arrest of the former Director (Preventive) of Sri Lanka Customs over an alleged charge of bribery early last year, as a personal favour to one of his friends, the owner of Vehicle Lanka (Pvt) Ltd., Harsha de Silva.
He said that though an arrest has to be made when the bribe is being accepted, in the case of the former Customs Preventive Director, Ranjan Kanagasabai, bribery officials were not present at the time the bribe was purported to have been given, to positively conclude whether the bribe was accepted or not.
While Senasinghe’s revelation given huge publicity in the media, the issue took a new turn when the Janatha Vimukthi Peramuna (JVP) demanded that President Mahinda Rajapaksa suspend Balapatabendi, from the post paving the way for the Commission to carry out independent investigations on allegations against its Chief.
Unprecedented petition
That was following the handing over of the petition to the Commission to investigate charges allegedly committed by Balapatabendi in the past six years, from the time he was a Judge of the Supreme Court, until the present time, in his capacity as the Chairman of CIABOC.
JVP Colombo District Parliamentarian, Sunil Handunnetti, said, "It is the President who appoints the Chairman of the Commission and he should take necessary measures to ensure that the credibility of the institution is not at stake. On the other hand, Balapatabendi also should ensure that the Commission has the freedom to carry out free and fair investigations. The Commission will decide whether he is wrong or clear him of the charges. In order to do this, either he has to step down until such time or the President should ask him to step down."
The petition handed over to the Commission alleges that Justice Balapatabendi tampered with documents, received kickbacks from the alleged vehicle dealer and illegally used the vehicle in question, bearing number KG 9321.
Tendering a copy of the certified copy of the Journal entry of 2 June 2008, along with the petition, Handunnetti stated that on 2 June2008, in case number SC (Spl) L.A. No. 84/2008 of M/S Vehicle Lanka Pvt, a positive order was made by the Bench to register 145 vehicles with the RMV (Registrar of Motor Vehicles) and report to Court on the 3rd of the same month.
Despite the vehicle, bearing number KG 9321 (Chassis No. AT211-6018287), being registered in the name of Saman Punyasiri Fernando on 20-01-2011, the Revenue Licence for the same vehicle was issued on the 10 June 2008, in favour of Sampath Mudiyanselage Sujeewa Navodya Weligalle of Ratnarama Road, Boralesgamuwa. This vehicle is one of the 145 vehicles registered as per the Order of the Supreme Court dated 2 June 2008, in which Balapatabendi was a member of the Bench making such Order.
According to the extract of the Vehicle Registration obtained from the RMV on 27 June 2013 the owner of the vehicle as at that date was Dhammika Jagath de Silva Balapatabendi of 173/14 C, Mihindu Mw., Dehiwala. In fact he had become the owner of the said vehicle No. KG 9321 on the 13 January 2013 as the same was transferred by Saman Punyasiri Fernando.
Extract of registration
The petition stated that however, another extract of the registration obtained from the RMV as at 18 September 2013, two additional names, Jahinge Senerath Jayasinghe and Sampath Mudiyanselage Sujeeva Navodaya Weligalle, respectively, had been inserted (fraudulently back dated) as owners from 22 April 2013 and 6 June 2013.
“This is a falsified fraudulent registration committed by Balapatabendi as he was the registered owner of the Emperor vehicle bearing registration number KG 9321 at least up to 27 June 2013. Even though former Justice Balapatabendi is the registered owner of the vehicle bearing Registration Number KG 9321 from 9 June 2008 to 9 June 2013 the revenue licence had been applied for and obtained in the name of one Sampath Mudiyanselage Sujeewa Navodya Welligalle. The vehicle registration certificate and the copy of the previous revenue licence are mandatory requirements for obtaining a revenue licence. Hence, it is obvious that a forged vehicle registration certificate had been submitted by Balapatabendi, or with his connivance and/or collusion, to obtain the revenue licence in another person’s name (Weligalle).” Handunnetti stated in the Petition.
The petition further states:
‘In the Petition filed by the Petitioner in CA Spl. LA No. 84/2008 in Para 27 (page 3 of D6) an assurance given by M/s Vehicle Lanka Pvt. Ltd. (Harsha Prabath Silva) reads as follows; “The vehicle assembled by the Petitioner was traded under the name of Emperor and the names such as Mitsubishi, Nissan and Toyota are not used by the Petitioner.”
Notwithstanding this assertion, during the period of ownership Balapatabendi had used the said vehicle with the Toyota badges. Balapatabendi was well aware of the fact that the vehicle that was used by him was an ‘Emperor’ vehicle, given that he had registered the vehicle as ‘Emperor’ under his own registration with the RMV, when in fact he was using the same vehicle in the name of a ‘Toyota Corolla.’ Here again Balapatabendi had acted in a corrupt manner.
The vehicle had not been insured during the period of Balapatabendi’s ownership. Using a vehicle without a valid insurance is an offence. The first time it was insured was on 5 June 2013. However, as per the RMV registration obtained on 18-09-2013, it is confirmed that even on 27 June 2013 Balapatabendi was the registered owner of the vehicle, and was transferred finally to the same Weligalle on the 06-06-2013 by a fraudulent manipulation at the RMV, with the connivance of Balapatabendi. It is therefore alleged that it is Harsha Prabath who had obtained the services of Weligalle and Jayasinghe along with Saman Fernando to give a bribe of a Motor Vehicle to Balapatabendi.
As per the statement made by Harsha Prabath de Silva to the Bribery Commission on the 3l December 2012, he has alleged that Ranjan Kanagasabai had asked for a bribe only on 26 December 2012, whereas a complaint to the Bribery Commission was made against Ranjan Kanagasabei only on 31 December 2012. This fact is also confirmed by IP Abeysinghe of the Bribery Commission. However, Harsha Prabath de Silva had been making frequent telephone calls to Balapatabendi prior to the complaint made to the Bribery Commission, which reinforces the fact that they were known to each other by virtue of the bribe, in connection with the ‘Emperor’ car that was given to Balapatabendi and they were in communication with each other.
At the time relevant to the so called purchase of the vehicle bearing Registration No. KG 9321, the Chairman of the Bribery Commission had several bank accounts in which he had no money to the value of the said vehicle, to be able to purchase the said vehicle by making a valid payment. The numbers of such bank accounts are given here for easy reference: Commercial Bank Account No. 8580013156, Commercial Bank Savings Account No. 8870008038 and Bank of Ceylon Account No. 28462746949.
Dhammika Jagath de Silva Balapatabendi, who is also the Chairman of the Bribery Commission, should be treated as an ordinary suspect in a normal case upon inquiry concerning the complaint, Handunnetti stated in the petition.
He further said; “No confidence can be placed on the additional two Commissioners too, because they continue to sit with the Chairman of the Commission on other matters and derive various facilities that are decided upon by the Chairman of the Commission. In this particular case, so long as the suspect remains as the Chairman of the Bribery Commission and exerts statutory authority on the officers of the Bribery or Corruption Commission, I do not expect any justice to be meted out with regard to this allegation or any other allegation that is pending in the Commission.
This situation is also an insult to the entire Commission and to the entire country along with the Judiciary as this is the first time ever that there has ever been an allegation of proved corruption against a Judge of the Supreme Court in a country riddled with bribery and corruption. However, in the name of justice and equity I am making this complaint to you to investigate this complaint, giving it the priority that it deserves, as this complaint is made against the very person who is statutorily tasked with the duty of investigating Bribery or Corruption and initiate proceedings against him as required by Law.”
TISL write to President
In the wake of the petition and JVP’s demand to suspend Balapatabendi from his post as CIABOC Chairman, the independent corruption watchdog, Transparency International Sri Lanka (TISL), in a letter to President Mahinda Rajapaksa on Thursday (2) also demanded the same.
In the letter, TISL Executive Director, S. Ranugge said, in order to ensure transparent investigation into the allegations levelled against Balapatabadi, he should be removed from the post of Chairman (not from the Commission).
“The allegations are indeed of a serious nature and any hindrance to investigations will jeopardize the credibility of the institution as well as its officials. We believe that you and the government will consider this matter with utmost importance and take all measures to expedite investigations. Continuing to keep a person whose integrity has been challenged, as the Chairman of the Commission that investigates allegations of bribery or corruption is a threat to good governance,” Ranugge stated.
