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Bribery and Corruption on holiday
By Ayesha R. Rafiq
The Attorney General has ruled that the Bribery and Corruption Commission cannot function, stalling more than three hundred fresh complaints being investigated, and nearly one hundred indictments being sent to the Magistrate's Court.

Some 100 public servants are due to be served indictments by the Bribery and Corruption Commission, but the death of one of the Commissioners, T.N. Abeyawira, in early February and the vacancy not being filled, has crippled the functioning of the Commission.

Apart from the two functioning commissioners, more than 90 investigative officers, all policemen, are attached to the Commission on a full-time basis. Three hundred and forty seven new complaints are awaiting investigation as the Attorney General has ruled that no person could be arrested or any premises searched until such time as the Commission is duly constituted.

The Bribery and Corruption law stipulates that the Commission shall comprise three commissioners, and was tested for the first time when the former government took former Treasury Secretary R. Paskaralingam on charges of bribery and corruption.
Lawyers for Mr. Paskaralingam took a preliminary objection on the fact that the Commission at the time comprised only two commissioners -- an objection that was upheld.

The Constitutional Council which is now empowered with the filling of the vacancy of the Bribery and Corruption Commission first nominated -- and then rejected -- the name of retired Court of Appeal judge Upali de Z Gunawardene after 30 petitions from the public against his appointment were received.

The Council which stated that the judge had disqualified himself from the criteria specified for the vacancy. i.e. that of a retired Court of Appeal judge, by obtaining an unprecedented special dispensation from the President to practise as an attorney-at-law.

The Council also stated that the Bribery and Corruption law would need to be amended to enlarge the scope of persons who could qualify for the post.

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