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Top post for ex-judge bypasses public
By Ayesha Rafiq and Chandani Kirinde
The Constitutional Council - now the supreme body for making appointments to high posts - has come in for sharp criticism for its surreptitious attempt to nominate a retired judge for a vacancy in the Bribery and Corruption Commission.

The Council has nominated Upali de Z Gunawardene, a retired President of the Court of Appeal, to fill the vacancy created in the Permanent Commission to Investigate Allegations of Bribery and Corruption by the death earlier this month of one of the Commissioners T.N. Abeyweera.

Mr. Gunawardene was earlier embroiled in controversy regarding his promotion to the Court of Appeal two weeks after he convicted The Sunday Times Editor of criminal defamation on a petition filed by President Chandrika Kumaratunga. His promotion had been withheld for more than one year.

At a meeting of the Constitutional Council last Thursday at which Prime Minister Ranil Wickremesinghe had been present, a decision had been taken to grant the public two weeks for any objections to the nomination of Retired Justice Upali de Z Gunawardene. Despite this decision by the Constitutional Council, todate no notice has been given to the public, while the Assistant Secretary to the Council has already issued a news item stating that the Council has recommended to President Kumaratunga to act under Section 2 (b) of the relevant law and fill the vacancy in the Bribery and Corruption Commission.

The Sunday Times learns that Constitutional Council Secretary Dhammika Kithulgoda had in fact written to the President's Secretary Kusumsiri Balapatabendi informing him of the Council's recommendation overriding the Council's own decision to give the public time to object. The Council's Assistant Secretary Jagath Gajaweerarachchi told The Sunday Times the two-week period for the public to forward any objections had already begun.

He conceded, however, that no such intimation had been made in the press release, and questions have now been raised how the public would know that this provision exists, in effect eliminating any chance of objection. Such incidents have cast serious doubts as to the impartial functioning of the Council, and whether efforts were made to surreptitiously nominate someone bypassing the Council's decision to call for objections.

Retired Justice Upali de Z Gunawardene was recently granted special dispensation by President Kumaratunga to practise as an Attorney-at-Law, in an unprecedented move which created history in Hulftsdorp.

Meanwhile, a resolution signed by 76 MPs seeking to remove Bribery Commissioner Kingsley Wickremasooriya will be moved in Parliament this week. The notice of the resolution has been given to the Acting Secretary General of Parliament and this is likely to be included in the order paper of February 20 as seven days' notice is required before a motion can be moved.

Ministers S.B.Dissanayake, G.L.Peiris,.Rajitha Senaratne, T.Maheswaran and Rukman Senanayake and several members of the Tamil National Alliance (TNA) including N.Raviraj, A.Adaikalanathan and Mavai Senathirajah are among those who have signed the resolution .

The resolution has set out two instances where Mr.Wickremasooriya allegedly violated section 17 of the Bribery Act No.19 of 1994 which imposes a duty on every member of the Commission and every officer appointed to assist the Commission to maintain strict secrecy on any information which he receives in the exercise of his powers and functions. The resolution will thereby be moved urging the President to remove Mr.Wickremasooriya on the grounds of misconduct.

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