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CC under fire over bribery post for ex-judge
By Ayesha R. Rafiq
The Constitutional Council has received several letters from the public, criticising its move to nominate a retired judge as a Bribery Commissioner. Council Secretary Dhammika Kitulgoda said the Council had received 'quite a number of representations' against the nomination of retired Court of Appeal President Upali de Z. Gunawardene.

He said the Council would take up the objections after its next meeting on March 13. The Council came under fire for overriding its own agreement to give the public two weeks' time to object the nomination. While the waiting period had already begun the public was not informed of a period during which they could object.

FMM opposes bribery post for ex-judge
The Free Media Movement (FMM) has protested to the Speaker over the nomination of retired justice Upali de Z. Gunawardene to the Permanent Commission to Investigate Allegations of Bribery or Corruption.

The FMM in its letter called for the withdrawal of the nomination of Mr. Gunawardene, citing reasons against such appointment. The letter said that the first time the public was made aware of the nomination was when the Constitutional Council Assistant Secretary issued a news release on February 12 saying that the Council had recommended Mr. Gunawardene's name to fill the vacancy in the Bribery Commission .

The FMM said that though the Act regarding the Commission to Investigate Allegations of Bribery or Corruption was deficient with regard to provisions made for public objections to recommendations, it had been confirmed by the Constitutional Council that the procedure to be followed was for the public to have two weeks for objections prior to recommended names for appointment being sent to the President.

The letter pointed out that the Assistant Secretary had further stated that the two-week period for objections came into force on the date of the Council's decision with regard to a particular appointment.

"This is unsatisfactory in that the public cannot make any constructive input to the decision-making process by way of objections if it has not been informed of the Council's decision," the FMM said in its letter.

They also said that the conduct of the Secretary to the Constitutional Council also should be noted as the public had not been given sufficient time for objections. The FMM has called for disciplinary action against the Secretary. Raising other objections regarding Mr Gunwardene's appointment, the FMM said it had serious reservations 'in respect of his ability and credibility to serve in the Bribery and Corruption commission'.

"Justice Upali de Z.Gunwardene was the presiding judge in the High Court of Colombo when the Editor of The Sunday Times was tried for criminal defamation on a (virtual) complaint by President Chandrika Kumaratunga. Justice Gunwardene's conviction of the Editor was later set aside by the Supreme Court. Justice Gunawardene's regular promotion from the High Court to the Court of Appeal was with held for the duration of the trial and he was appointed to the latter court within two weeks of the conclusion of the case," the FMM said.

"In these circumstances there is a public perception that the promotion given to Justice Gunawardene was directly connected to the verdict he gave in The Sunday Times Editors case, which perception is seriously damaging to the independence of the judiciary," the letter said.

"Subsequently upon retirement from the Court of Appeal Justice Gunawardene sought and obtained an unprecedented special leave from the President to practise as an Attorney at law. This special dispensation was granted by the President who was the virtual complainant in the criminal defamation case against the Editor of The Sunday Times, and therefore contributes to a serious erosion of public confidence and legitimacy in the higher judiciary," the FMM said.

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