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Probes on seven ministers blocked
Bribery Commission incapacitated as willing CC nominee refuses to apply
By Chris Kamalendran
Apparent feet-dragging by the Constitutional Council and a refusal by a respected former Court of Appeal judge to apply for a long-standing vacancy in the Bribery and Corruption Commission have stalled probes on more than 500 investigations against politicians -- including seven cabinet ministers, and public servants, The Sunday Times has been told.

Despite Prime Minister Ranil Wickremesinghe and Opposition Leader Mahinda Rajapakse jointly supporting a proposal at the last meeting of the Council one month ago to invite former Court of Appeal judge, Western Province Governor and one-time head of the Public Service Commission, K. Viknarajah, to the vacancy, nothing has happened.

Constitutional Council Secretary Dhammika Kitulgoda is reported to have contacted Mr. Viknarajah and told him that he would have to fill up an application form and return it to the Council where the application would have to be then evaluated. Thereafter Mr. Viknarajah would have to appear before a panel for an interview.
The marking system requires that the applicant score a minimum of 45-points to qualify for selection.

But Mr. Viknarajah had told Mr. Kitulgoda that he was not prepared to fill up application forms and if necessary could be invited for the post, which he was willing to serve in. Mr. Viknarajah told The Sunday Times that it was upto the Constitutional Council to take its decision regarding filling the vacancy and he did not want to send applications for the post.

The selection process which includes a marking system has been strongly criticised on the footing that it demeans applicants, especially those who have a proven track-record of distinguished public service subjecting them to unnecessary scrutiny.

In the application form, would-be appointees are asked for detailed information about their wife's precious stones (cut or uncut), a child's debentures, and whether the applicant or his wife or children own power driven vehicles such as motor boats!
Mr. Kitulgoda when contacted by The Sunday Times dismissed questions on the issue saying he "knew nothing".

On the previous occasion Mr. Kitulgoda had put forward for the President's approval the name of another Court of Appeal judge for the same job saying the Council had recommended him.

As many as 30 public petitions against that judge resulted in the Council reviewing the nomination and eventually rejecting it. The Constitutional Council on June 5 decided to invite Mr. Viknarajah to serve as a member of the Commission.

The Bribery and Corruption Commission has been inoperational since February this year when one of the three Commissioner's, T.N. Abeyawira, died. The flawed law requires that the vacancy be filled only by either a retired Supreme Court or Appeal Court judge, and that the Commission cannot function unless all three Commissioners sit.

This follows a ruling by the Supreme Court when the bribery and corruption case against R. Paskaralaingam, one-time Finance Ministry secretary during President R. Premadasa's government and current government consultant was argued and dismissed on this technical point.

As a result of not being able to fill the vacancy the Bribery and Corruption Commission has not been able to proceed with more than 500 complaints, including those against politicians and some senior public officers while not being able to proceed to indict some 58 persons where investigations had been completed earlier.
The complaints also include cases of persons amassing large amounts of wealth illegally.

The 58 persons include senior Customs and Police officers, some of whom are under interdiction. The three member Commission is headed by former Supreme Court Judge Ananda Coomarasamy.

Mr. Coomarasamy has written to President Chandrika Kumaratunga as far back as February on the death of ex-Commissioner Abeyawira to expedite the appointment of a third member to carry on the work of the Commission, but has not received a reply to his letter.

The Bribery Commission was also non-functional during the People's Alliance government after the President called for the Commission members to step down and the members refused to do so.

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