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Monday, 17 October 2016 00:01 - - {{hitsCtrl.values.hits}}
By S.S.Selvanayagam
Summons and charge sheets were served in Court last Friday to Hambantota District Parliamentarian Namal Rajapaksa for the alleged offence of contempt of the Bribery Commission.
The bench, comprising Chief Justice K. Sripavan and Justices Priyasath Dep and Buwaneka Aluvihara, fixed the matter for 30 November for Rajapaksa to consider whether to plead guilty to the charges.
The Supreme Court on 15 September directed the Bribery Commission to file a charge sheet against Rajapaksa over the alleged offence on or before 3 October. The Court rejected preliminary objections raised by Rajapaksa over the commencement of contempt proceedings.
The Court on 3 August directed the Bribery Commission and Rajapaksa’s Counsel to submit written submissions on the alleged offences on or before 29 August.
The Bribery Commission complained to the Supreme Court that Rajapaksa had allegedly disrespected the authority by failing to appear before the Commission on 26 May.
Director General Dilrukshi Dias Wickremasinghe PC sought to initiate contempt proceedings against Rajapaksa saying that he had failed to appear before the Commission without a justifiable reason and had not produced an affidavit in connection with investigations into his assets. The Commission stated that it had commenced an investigation of Rajapaksa’s assets and that the probe had revealed evidence to substantiate an offence of bribery.
Apart from routine investigations, the Parliamentarian was requested through a notice dated 14 December 2015 to produce an affidavit on 20 January 2016, the Commission stated.
Rajapaksa, through a letter dated 19 January 2016, had requested for further time to send the affidavit and the Commission had granted him this concession, pushing the date to 15 March. However, on that date he had requested a copy of the complaint from the Commission.
The Commission wrote to him saying that it could not provide him with a copy as he was not entitled to it and further requested that he submit an affidavit before 17 April. This request had not been complied with. But the content of the letter was disputed by Jayantha Weerasinghe PC on behalf of Rajapaksa and through a letter dated 25 May he had replied to the summons and objected to its legality. Gamini Marapana PC with Shavindra Fernando PC and Navin Marapana appeared for Rajapaksa.
Additional Solicitor General Sanjay Rajaratnam with Deputy Solicitor General Nerin Pulle appeared as Amicus Curiae (Friend of Court – one as an individual or organisation that is not a party to a particular lawsuit but is allowed to advise the court regarding a point of law or fact directly concerning the lawsuit).
