21/11/2024
Unravelling largest bribery scandal in SL history
On 6 November, four former Sri Lanka Customs officers were sentenced by the Colombo High Court to 35 years of rigorous imprisonment (RI) for accepting a bribe of Rs 125 million, the highest recorded bribery amount in Sri Lankan history.
This sum, seized during a raid conducted by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), is considered the largest bribe nabbed by the commission to date.
The convicted officers were alleged to have accepted this bribe alongside the now-deceased Deputy Director of Customs, Jagath Gunathilaka. They include former Assistant Director of Customs Upali Gunaratne Perera, former Director Vasantha Wimalaveera, former Director Upali Senarath Wickramasinghe, and former Director Sujeewa Parakrama Jinadasa. The Court not only imposed a 35-year prison sentence with hard labour on each but also fined them Rs 125 million each.
In October 2015, the Customs officers informed representatives of a foreign company that a shipment of spare parts ordered for the Sri Lanka Transport Board (SLTB) would require an additional payment of Rs 1,500 million to expedite the clearance process after an inspection.
After being informed by the company representatives that such a payment was not legally feasible, the Customs officers allegedly demanded a bribe of Rs 150 million to release the parts.
Following this, the representatives reported the matter to CIABOC, who, in negotiations with the suspects, managed to lower the bribe amount to Rs 125 million.
Subsequently, on 15 October 2015, CIABOC arranged an undercover operation, instructing the three suspect Customs officers to arrive at the Panchikawatta motor spare parts market in Colombo at around 4:00 p.m. to collect the reduced bribe of Rs 125 million.
On 15 October 2015, at the motor spare parts market in Panchikawatta, Colombo, the Bribery Commission conducted a raid while the defendants were accepting the money, arresting them on the spot.
Remarkably, one of the Customs officers involved had recently received a reward of Rs 30 million from Sri Lanka Customs for a previous operation conducted around the same time.
Subsequent investigations led to charges being filed against the defendants in the High Court. However, the Bribery Commission initially withdrew the case, citing that it had been filed without written approval from three commissioners of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC). The case was refiled on 14 July 2021, and brought before High Court Judge Amal Ranaraja.
During the proceedings, the defence raised a preliminary objection, stating that the Attorney General lacked the authority to proceed with the case on behalf of the Bribery Commission. This objection was dismissed, and the Court continued with the case.
While examining the case, the prosecution presented a video recording showing the defendants accepting the bribe. The defence objected to this, and the fourth defendant submitted an affidavit expressing doubt over a fair trial, requesting a transfer to another Judge based on comments made by Judge Ranaraja on a prior date.
Judge Amal Ranaraja, stating he was unwilling to continue if there were even minor doubts regarding his Court, recused himself. The case was then referred to Chief High Court Judge Damith Thotawatta, who assigned it to High Court Judge Aditya Patabendige. However, Judge Patabendige also recused himself, citing that changing judges repeatedly would harm the judicial process.
On 24 June 2022, Chief Judge Damith Thotawatta transferred the case to Dr. Namal Bandara Balalle, under whose Court the trial continued.
The Bribery Commission had filed this case with 14 charges, alleging that from 22 June to 15 October 2015, the defendants conspired with the late Deputy Director of Customs, Jagath Gunathilaka, to carry out a scheme in the Panchikawatta area in Colombo.
The complaint was filed by Bandulasena, a businessman importing motor vehicle spare parts.
Deputy Solicitor General Janaka Bandara and Senior State Counsel Udara Karunathilaka appeared on behalf of the complainant.
After a two-year trial, the verdict was delivered on the 6th by Justice Dr. Namal Bandara Balalle.
Before sentencing, Deputy Solicitor General Janaka Bandara, representing the complainant, presented arguments in Court.
He stated that the four defendants and the now-deceased Jagath Gunathilaka were experienced officers in Sri Lanka Customs. The first defendant, when arrested on these charges, had completed 31 years of service, while the other three defendants had served 27 years each and 24 years, respectively. Despite being aware that motor vehicle spare parts imported under an agreement between the Sri Lanka Transport Board and an Indian company were exempt from all taxes when brought in for the Transport Board, they had allegedly evaded these duties and sold the parts on the open market at higher prices. The defendants, therefore, deliberately abused their official powers, he said.
Further, Deputy Solicitor General Bandara stated that these defendants had blatantly violated the public trust in government officials, adding that their responsibility, as recipients of free public education, should have been to increase the State revenue due through tax collection. However, they had allegedly told the complainant that he could receive a reward of LKR 300 million from the Government if he reported the issue, but if he paid them LKR 150 million, the investigation could be halted.
He continued, noting that the Government paid each officer a high salary and awarded them 50 per cent of the revenue from any seizures, yet greed had led them to accept this bribe. He argued that such individuals should receive the highest punishment possible to serve as a lesson for others in public service inclined to such corrupt practices.
He also stated that this was the largest bribe taken by a government official, underscoring the need for harsh consequences as a deterrent.
The lawyers representing the defendants, who are now between 60 and 66 years old with no prior criminal records, requested the Court to consider their age and health when determining their sentences, advocating for leniency.
However, the Judge denied this request, stating that prior good conduct or having dependents are not sufficient grounds for sentence reduction, as highlighted by previous Higher Court rulings.
Consequently, each defendant was sentenced to a cumulative 35 years of rigorous imprisonment, with seven years per each of the five charges filed against them. Additionally, the first defendant was fined LKR 27,000, while the remaining three were fined LKR 25,000 each.
The Judge ruled that failure to pay the fines would result in an additional five-month prison term, with three months per charge. Beyond this, each defendant was ordered to pay LKR 125 million, totalling LKR 500 million in penalties, which represents the amount of the bribe taken. Failure to pay this penalty would lead to an extra two-year prison term.
Following an extensive trial and based on the evidence presented, the Judge stated that the charges were proven beyond reasonable doubt. He further remarked that such rulings should serve as both an example and a deterrent to other officials who may consider accepting bribes in the future.
Source - Ceylon Today
