30 May 2023 12:00 am Views - 65
By T. Farook Thajudeen
The Officer-in-Charge (OIC) of Seeduwa Police, Kasturiarachchige Asoka Weerathilaka, has been released by the Colombo High Court (HC) due to the prosecution’s failure to follow proper procedures. The HC judge, citing the prosecution’s non-adherence to required protocols, discharged the accused, who was indicted for accepting and soliciting a bribe of Rs. 25,000.
At the beginning of the trial, Senior Counsel Lal Kularatna, representing the defence, raised an objection, highlighting that the prosecution had failed to act under Section 3 of the Bribery Act No 19 of 1994. Counsel requested the discharge of the accused from the case.
Counsel argued that it is a mandatory requirement for bribery officers to obtain full sanction from the Commission before commencing an investigation. They emphasised that this prerequisite is in accordance with the law.
Counsel contended that, therefore, the Commission does not have the option or discretion to abstain from granting approval before the investigation begins.
The Commission presented oral and written objections against the defence’s stance. After reviewing the submissions from both parties, Judge Ballale discharged the accused.
The Crimes OIC of Seeduwa Police was indicted by the Commission to Investigate Allegations of Bribery or Corruption in July 2020 for soliciting and accepting a bribe of Rs 25,000 from the complainant, Mohan Shirly Jayasekera.
Senior Counsel Lal Kularatna, along with Attorneys-at-law Dumesh Kariyawasam and Ms Wasana Nalawatta, represented the accused during the trial.
*** The Commission does not have the option or discretion to abstain from granting approval before the investigation begins
*** Counsel argued that it is a mandatory requirement for bribery officers to obtain full sanction from the Commission before commencing an investigation