Bribery Com. Chairman rules out early ruling on CJ 43’s objections

A ruling on the objections raised by Chief Justice 43 Shirani Bandaranayake against the chairman of the Commission to Investigate Bribery or Corruption and another commissioner will be given only after the investigations are completed, the Sunday Times learns.

Commission Chairman Jagath Balapatabendi said investigations by the Commission’s director into the allegations that Dr. Bandaranayake had not fully declared her assets would continue in spite of the ousted chief justice’s objections.

“Investigations are continuing and the director will decide as to who should be called as witnesses,” he said.

Dr. Bandaranayake in her objections claimed that Commission Chairman Balapatabendi, a former Supreme Court judge, and commissioner Jayantha Wickremeratne were biased. She charged that Justice Balapatabendi had made various false statements to the media over the inquiry and failed to “maintain the necessary standard of impartiality and independence required by the chairman” of the Bribery Commission.

She also said that Mr. Wickremeratne should not participate in the inquiry because a fundamental rights application filed by him had been dismissed by a Supreme Court bench which she headed. Moreover, his wife was actively engaged in a campaign in support of her impeachment and had even criticised her on a state-run television.

A lawyer close to Dr. Bandaranayake said the commission should give a ruling on the objections raised by the Chief Justice 43 before proceeding with the inquiry. He said it was the commission – not the director -that should take a decision as the letters regarding the inquiry were sent to the Chief Justice 43 “by the orders of the commission”.

“It is a universal practice to overrule or uphold the objections before proceeding with any inquiry. The director (investigations) cannot act on his own without orders from the commission. He could not operate in a vacuum,” the lawyer said.

He said that although the commission had failed to issue a ruling on the objections, the Chief Justice 43 appeared before the Commission and let her statement made without prejudice on May 17 and May 20 be recorded by two officers, without prejudice.

The lawyer claimed that Dr. Bandaranayake had duly declared her assets up to “the very cent” -- including her investments in Treasury Bills. “This investigation is done with mala fide intentions,” he charged.

She had throughout maintained that she had no assets whatsoever other than what had already been declared, he said.

Meanwhile, Commissioner L.K. Wimalachandra said he was not participating in the inquiry.

The Bribery Commission comprises three commissioners.