News
Biggest ever bribery detection: Sleuth poses as manager to trap four corrupt Customs officers
View(s):- High Court hands 35-year jail terms and imposes hefty fines
By Ranjith Padmasiri
An undercover Bribery Commission detective took part in five of the meetings four Customs officers had with a businessman to negotiate a multimillion-rupee bribe, according to court documents.
The four Customs officials were each sentenced to 35 years of rigorous imprisonment this week after being found guilty of bribery charges.
The meetings were held to reduce the Rs. 150 million bribe the then Customs officials had demanded from the businessman. Following a complaint from the businessman, the undercover officer took part in these discussions while posing as his manager. He had prepared fake company identity cards and business cards to convince the Customs officials and had secretly recorded the discussions. These recordings were also presented by the prosecution as evidence at the trial.
The accused Customs officials had then agreed to reduce the bribe to Rs. 125 million. The complainant businessman had been the local agent of an Indian company importing vehicle spare parts for the Sri Lanka Transport Board. The spare parts had been exempt from customs duty, but the Customs officials had tried to solicit the bribe from the businessman by falsely claiming that he had committed an offence and would have to pay a fine of Rs. 300 million. They had demanded a bribe of Rs. 150 million to prevent the fine from being imposed.
It was the businessman who had initially secretly recorded the discussion conducted with the Customs officials at his office in Panchikawatte and thereafter lodged a complaint with the Bribery Commission on September 22, 2015, with a copy of the recording.
The Commission then arranged for the undercover officer to take part in the discussions between the businessman and the Customs officials. The discussions had taken place at several locations, including the Customs head office and the Orugodawatte Customs yard. The discussions had dragged on for five months.
On October 15, 2015, the Bribery Commission arrested two Customs officials at the businessman’s office while in the act of collecting the bribe. Another Customs official who was waiting in the vehicle the two had arrived in was also arrested. Subsequent investigations led to the arrest of two senior Customs officials who had directed the bribery scheme. The accused were later indicted on 14 counts.
However, owing to various obstacles, the Bribery Commission was forced to subsequently withdraw the indictment against the accused. The case was then transferred to the Attorney General’s Department, with the Bribery Commission providing assistance to prosecute the case.
Delivering his verdict, Colombo High Court Judge Namal Balalle found the accused guilty of the charges and sentenced each to 35 years of rigorous imprisonment. The court also ordered each accused to pay a fine of Rs. 125 million. The court imposed a further two-year prison sentence on the accused in the event they failed to pay the fine and also imposed an additional Rs. 25, 000 fine. The accused were imposed a further 18-month prison sentence in the event they failed to pay that fine.
Former Assistant Customs Superintendent Upali Gunaratne Perera, former Customs Superintendents Upali Senarath Wickramasinghe, and Customs officers Wasantha Wemalaweera and Sudeera Parakrama Jinadasa were found guilty of the charges in what is the largest ever bribe detected by authorities. The fifth accused, Jagath Gunathilake, was not indicted as he had passed away.
The court also commended the dedication of the officers who investigated the crime.
Deputy Solicitor General Janaka Bandara led the prosecution along with Senior State Counsel Udara Karunaratne. Deputy Director General of the Bribery Commission Anusha Sambandhaperuma assisted the prosecution.
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