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CC reject U.de Z after protests
By Ayesha R. Rafiq
The Constitutional Council has rejected the nomination of retired Court of Appeal President Upali de Z. Gunawardene to the Bribery and Corruption Commission following objections from the public on his suitability.

The Council received some 30 objections to the nomination of the retired judge saying that he was unfit to fill the vacancy created by the death of Commissioner T.N. Abeyawira, council sources said.

It was alleged that Gunawardene had received special favours from the President and that his impartial functioning as a commissioner of the Bribery and Corruption Commission might be in question.

The Constitutional Council which earlier recommended the nomination of Mr. Gunawardena later withdrew it following the objections from the Editors Guild of Sri Lanka and the Free Media Movement and citizens.

The Constitutional Council on Thursday reviewed and rejected retired justice Mr. Gunawardene's nomination on the grounds that he disqualified himself for the post by obtaining special dispensation from President Kumaratunga to practice as an attorney-at-law after retiring from the superior courts.

The current vacancy in the Bribery and Corruption Commission has to be filled by either a retired Supreme Court or Court of Appeal judge according to the law which states that two commissioners must be retired justices of the supreme or appeal court, and a third from the police force.

The vacancy in the Commission is now not likely to be filled immediately due to the constraints in the law and the non-availability of retired Supreme Court or Court of Appeal judges to fill the post.

Sources said that the Constitutional Council also considered amending the law to lift the restrictions on the category of persons who could serve as commissioners.


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