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Judge out on bail: Bribery Comm says evidence strong
View(s):Colombo Chief Magistrate Gihan Pilapitiya last Monday released former Homagama District Judge (DJ) Sunil Abeysinghe who had been remanded for allegedly soliciting a bribe of Rs 300,000. However, Police Constable Mahinda Kithsiri who provided security to the former Judge, was further remanded till June 24. Court noted that no compelling or exceptional reasons were given on his behalf that warranted his release.
Court released the former DJ on two personal bails amounting to Rs 100 million. Court also impounded the former DJ’s passport, preventing him from leaving the country without Court approval. Court also cautioned the suspect from interfering with the witness, as bail would be cancelled if he did, and he remanded till the investigations concluded.
The Bribery Commission also tendered a progress report of the investigations to Court. Appearing for the Bribery Commission, Deputy Director General Ranjani Seneviratne told Court that statements of 10 persons had been recorded. She also informed Court that investigations are still ongoing in respect of the two suspects, and objected to the suspects’ release. She said that the focus of the investigations, or the persons who would be questioned, could not be revealed.
Counsel Ajith Pathirana appearing for the first suspect Police Constable, querried as to why the Bribery Commission failed to arrest the suspects when the money was being given to the judge, if the case was involved in bribing a judge. He also said that it was questionable because the Bribery Commission officials failed to record it.
Counsel further argued that, although bribery officials claimed that second suspect, the former DJ had made eight phone calls after the arrest, their failure to record any of them was also questionable. He also pointed out that the bribe given to the first suspect has not been sealed.
He also charged that the Commission suppressed certain vital evidence given by one witness Pushpa Ranjani. He also told court that his client’s aunt who was looking after his eight-year-old son, was an asthma patient His wife, who suffered from nervous disorder after an electric shock, had died a few days back.
Under these circumstances, counsel requested that Court release the suspect on bail. Hemantha Warnakulasuriya P.C. appearing for second suspect former DJ told Court that nothing in the Bribery Act would prevent Commission officials from divulging details regarding the ongoing and future focus of the investigations, to Court.
“The Commission is not telling truth, and in fact, they have hardly discovered any fresh information,” the President’s Counsel alleged.
He also said that the incident has serious impact on the studies of his client’s children. “Even my client is so shocked, even though he was a judge himself, he could not properly answer my questions,” the counsel said.
He moved Court to release his client on bail under whatever bail conditions. Answering the counsel, Bribery Commission Deputy Director General Ranjani Seneviratne said that second suspect had associated third parties, and if the details of the investigations are revealed, it would be detrimental to future investigations.
She said that the complainants have already received threatening phone calls and that certain parties were trying to interfere with the duties of the investigation officers. She also pointed out that there is strong evidence against both suspects. Considering the submissions made by both parties, Court was of the view that the second suspect has exceptional grounds to be released on bail, but ordered to further remand the first suspect until June 24.
Bribery Commission officials on May 29 arrested the former DJ and his security officer for allegedly taking a bribe of Rs 300,000 from a plaintiff in a case pending before the Homagama District Court, undertaking to give an order in her favour.
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