Colombo High Court on Friday discharged Minister Johnston Fernando from a prosecution filed by the Director General of Bribery. The case had been filed under the Bribery Act when Dilrukshi Dias Wickramasinghe was the Director General of Bribery.
The Bribery Director General had alleged that the Minister had employed Cooperative Wholesale Establishment (CWE) workers for election related purposes.
The Counsel for Johnston Fernando raised a preliminary objection to the effect that in any event the prosecution cannot maintain the case as they had failed to comply with the mandatory provisions of law. It was contended that the former Director General had filed the action maliciously and without obtaining a mandatory direction under Section 11 of the Bribery Act. Under the provision, the Director General cannot institute an action without three Commissioners approving a prosecution. It was contended that when a prosecution is initiated in a Magistrate Court, it was mandatory to obtain the sanction of the Commission and that the former Director General had filed this action without such sanction.
These preliminary objections were overruled by the Magistrate Colombo. However, Johnston Fernando filed an application for Revision.
Colombo High Court Adithya Patabendige accepted the position of Johnston Fernando and discharged him of the criminal charges.
Kalinga Indatissa PC with Samantha Premachandra, Rashmini, Kalpana Indatissa and Razana Salih appeared for the petitioner.
Ganga Heiyanthuduwa appeared for the prosecution.