BY Lakmal Sooriyagoda   

The Supreme Court yesterday affirmed the conviction and sentence imposed by Permanent High Court Trial-at-Bar against former President Maithripala Sirisena’s former Chief of Staff Kusumdasa Mahanama and former State Timber Corporation (STC) Chairman Piyadasa Dissanayaka in connection with controversial Kantale sugar factory bribery scam which took place in 2018.  

Kusumdasa Mahanama was sentenced to 20-year-rigorous imprisonment by the Permanent High Court Trial-at-Bar for soliciting a bribe from an Indian investor who wished to acquire a section of the Kantale sugar factory. Piyadasa Dissanayaka was sentenced to 12-year-rigorous imprisonment.  

Supreme Court five-judge-bench comprising Justices Vijith K. Malalgoda, L.T.B. Dehideniya, Preethi Padman Surasena, S. Thurairaja and Yasantha Kodagoda observed that there had been neither illegality nor abuse of power in the manner the officers of the Bribery Commission conducted the investigation against the accused.  

Thus, it is beyond doubt that, the events which resulted in the first accused with the assistance of the 2nd accused having accepted a bribe of Rs. 20 million, was purely due to voluntary conduct on the part of the two accused, and Bribery Commission officers along with the virtual complainant had not participated in an entrapment as alleged on behalf of the accused, the Supreme Court observed.  

Through their appeal applications, two accused sought the jurisdiction of the Supreme Court to review and set aside the conviction imposed by the Permanent High Court Trial-at-Bar dated December 19, 2019.  

The two accused former President Maithripala Sirisena’s former Chief of Staff Kusumdasa Mahanama and former STC chairman Piyadasa Dissanayaka had been arrested by the Commission to Investigate Bribery or Corruption (CIABOC) in the car park of a luxury hotel in Colombo on May 3, 2018, while they were accepting a bribe of Rs.20 million and they are charged with allegedly soliciting a bribe of one million dollar and accepting another Rs.20 million from an Indian investor who wished to acquire a section of the Kantale sugar factory.