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Biggest bribery case: Court justifies harsh punishment on convicts
View(s):Harsh punishments and heavy fines imposed on two former senior state officers were necessary to highlight the gravity of the offence of bribery and to act as a deterrent, according to the Colombo High Court Trial-at-Bar.
Former president Maithripala Sirisena’s Chief of Staff Kusumapala Mahanama and Chandrika Bandaranaike’s Chief of staff Piyasena Dissanayake were charged with soliciting a bribe of Rs. 20 million from an investor. Mr. Mahanama, 68, with 35 year service as a public official was sentenced to 20 years of rigorous imprisonment and was imposed a penalty of Rs. 20 million in addition to a fine of Rs. 65,000. Mr. Dissanayake, 63, a former State Timber Corporation Chairman with 33 years of public service, received a sentencing of 12 years rigorous imprisonment and was ordered to pay a fine of Rs. 55,000.
They were caught accepting a bribe of Rs. 20 million from the Indian company Shri Prabhulingeshwar Company, which was willing to invest US$ 500 million in the Kantale sugar factory. According to the investment deal, the investor was to be given the machinery and the building of the Kanthale Sugar Factory. But the two officials had contested the agreement and demanded a bribe of 3% amounting to Rs 450 million from the company’s Sri Lankan agent K. Nagaraja. They had been demanding the bribe since 2017 and finally the investor agreed to give Rs 100 million.
However, the investor made a complaint to the Commission to Investigate Bribery or Corruption and the two officers were caught while receiving advance a payment of Rs 20 million at Taj Samudra Hotel’s car park.
They were indicted under the Bribery Act for soliciting a bribe, accepting gratification and for conspiracy. A total of 47 persons were named as prosecution witnesses for the case and 116 documents were investigated for the case.
They were found guilty. However Mr. Dissanayake was cleared of the third charge.
Defence counsel requested court to impose a lenient punishment on their clients as they had served the country as state officers for a long period and not committed any offence so far. They also point out that Mr. Dissnayake had undergone a bypass surgery recently.
State Counsel Janaka Bandara, however, said if a person convicted of accepting a bribe of Rs. 500 could be sentenced to seven years in prison, an official who accepted a bribe of Rs.20 million should be given a harsher punishment.
Demanding bribes from investors bring the country into disrepute and therefore such behaviours should not be tolerated, he argued.
The three-judge bench comprising High Court Judges Sampath Abayakoon (Chairman), Sampath Wijeyaratna and Champa Janaki Rajaratna then imposed the harshest punishment for the two convicts in what was regarded as the country’s biggest bribery case.
Mr. Rienzie Arsakularathne PC, Mr. Anil Silva PC, with attorney-at-law Thegitha Koralage and Danaraj Samarakoon appeared for the two convicts.