CC
reject U.de Z after protests
By Ayesha R. Rafiq
The Constitutional Council has rejected the nomination of retired
Court of Appeal President Upali de Z. Gunawardene to the Bribery
and Corruption Commission following objections from the public on
his suitability.
The Council
received some 30 objections to the nomination of the retired judge
saying that he was unfit to fill the vacancy created by the death
of Commissioner T.N. Abeyawira, council sources said.
It was alleged
that Gunawardene had received special favours from the President
and that his impartial functioning as a commissioner of the Bribery
and Corruption Commission might be in question.
The Constitutional
Council which earlier recommended the nomination of Mr. Gunawardena
later withdrew it following the objections from the Editors Guild
of Sri Lanka and the Free Media Movement and citizens.
The Constitutional
Council on Thursday reviewed and rejected retired justice Mr. Gunawardene's
nomination on the grounds that he disqualified himself for the post
by obtaining special dispensation from President Kumaratunga to
practice as an attorney-at-law after retiring from the superior
courts.
The current
vacancy in the Bribery and Corruption Commission has to be filled
by either a retired Supreme Court or Court of Appeal judge according
to the law which states that two commissioners must be retired justices
of the supreme or appeal court, and a third from the police force.
The vacancy
in the Commission is now not likely to be filled immediately due
to the constraints in the law and the non-availability of retired
Supreme Court or Court of Appeal judges to fill the post.
Sources said
that the Constitutional Council also considered amending the law
to lift the restrictions on the category of persons who could serve
as commissioners. |