SC requests written submissions in BC contempt charge against Namal

Thursday, 4 August 2016 00:39 - - {{hitsCtrl.values.hits}}

By S.S. Selvanayagam

The Supreme Court yesterday directed the Bribery Commission and counsel for Hambantota District Parliamentarian Namal Rajapaksa to submit written submissions on or before 29 August on the alleged offence of contempt of the Bribery Commission.

The bench comprised Chief Justice K. Sripavan and Justices Priyasath Dep and Buwenaka Aluvihara.

President’s Counsel Gamini Marapana, appearing for Rajapaksa, raised a preliminary objection that the Bribery Commission before its determination for contempt should have issued a show cause notice to Rajapaksa.

He contended that the determination could not be made in the absence of the other party or without serving notice to that party to show cause.

Bribery Commission Director General Dilrukshi Dias Wickremasinghe PC countered the objection and said that the Commission was unable to serve notice or even send a letter to Rajapaksa.

The Bribery Commission complained to the Supreme Court that Rajapaksa committed an offence of contempt of the Bribery Commission by allegedly disrespecting its authority by failing to appear before the Commission on 26 May.

Director General Wickremasinghe seeks to initiate the contempt proceedings against Rajapaksa for this alleged offence and his failure to produce an affidavit in connection with investigations into his assets.

Signed by Chairman Justice T.B. Weerasuriya, the determination of the Commission requested the Supreme Court to initiate proceedings against the Parliamentarian under Article 105(3) of the Constitution.

The Commission’s officials said that it commenced an investigation into the assets of Rajapaksa which would be an indictable offence under the Bribery Act and that the investigations revealed evidence to substantiate an offence of bribery. Apart from the investigation, Rajapaksa was requested by a notice dated 14 December 2015 to produce an affidavit on 20 January 2016, the Commission’s officials stated.

Rajapaksa, in a letter dated 19 January 2016, had requested further time to send the affidavit and the Commission granted him further time until 15 March, the officials revealed. However, on 15 March he requested a copy of the complaint from the Commission.

The Commission’s officials replied that they could not provide him with such a copy as he was not entitled to one and requested him to submit an affidavit before 17 April, a request he did not comply 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.