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'Bribery Commission not bound to disclose findings to public'

by JAYAMPATHY JAYASINGHE

The Chairman of the Commission to Investigate allegations of Bribery or Corruption, retired Justice S. Anandacoomaraswamy said recently that the Bribery Commission was not bound to disclose its findings to members of the public or to any organisation but the dissatisfied party could apply for a writ to the Supreme Court to quash the findings, of the Commission.

Justice Anandacoomaraswamy made these observations while replying to a question at a seminar organised by the Transparency International Sri Lanka. The question was as to whether former Minister Mangala Samaraweera's alleged credit card fraud was thoroughly investigated by the Commission and the outcome of the investigation.

He said the Bribery Commission is presently incapacitated owing to the delay in appointing a permanent member to the Commission during the past seven months. The Commission cannot investigate offences of bribery and corruption when it is not properly constituted.

The Commission became defunct almost seven months ago with the passing away of a member of the commission. This vacancy was not filled. The Commission itself was not an independent body in a way because its staff, the policemen and civilians belong to other departments. The Commission is also dependent on the Treasury for finances to carry out their work. The appointment of more members to the commission wouldn't solve the problems, he said.

Meanwhile, the government announced recently that it would amend the existing Bribery Act and would appoint more members to the Commission. The Bribery Commission became defunct when its term of office expired in 1994. Justice S. Anandacoomaraswamy was elected chairman in 1999. The Commission to Investigate allegations of Bribery and Corruption announced that the 2003 annual report of the Commission will be made available shortly.

The National Police Commission Chairman, President's Counsel, Ranjith Abeysuriya said the country woke up to the clarion call made in 1994 by the then government to set up a Commission to investigate bribery and corruption. Every single Member of Parliament voted for setting up of a permanent commission to investigate bribery and corruption. "But alas we all know that it was far from the intended purpose. As the chairman pointed out the commission was beset with internal problems", he said.

He said promotions of police officers to the rank of Senior Supdt. of police who topped the first three places in order of merit were subject to intense investigations by the Bribery Commission. However, they were later promoted after the Bribery Commission cleared them.

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