Effective ways to expedite corruption probes
The outgoing Minister Wijeyadasa Rajapaksha had something succinct to say in his farewell comments to the media on Wednesday. He said that while other Justice Ministers were blamed for interfering with the Attorney General and the Judiciary, he was being blamed for not doing so. We know how former Justice Ministers humiliated judges and one more recently even ordered the AG to send out an indictment when the AG said there was “no case”. The entire issue revolves around the impotence of the incumbent Government to successfully prosecute corrupt wrongdoers of the previous Government. Now, leaders downplay the accusations saying “election rhetoric must not be taken seriously” while finding various excuses for the inaction.
We have said this before; the reasons for these delays are fourfold i.e. 1) the lack of forensic skills to follow paper trails of mega deals and banking secrecy overseas; 2) bribery within the investigations; 3) volume of files on petty thefts; and 4) political interference – not necessarily in that order resulting in half- baked files being sent up to the AG’s department for indictment.
We were told in the early days of this Government that World Bank teams from the Stolen Assets Recovery Initiative (StAR) and US Federal investigators were there to identify the rogues of yesteryear and help recover the loot.
Insofar as special courts to accelerate these cases go, step one is not to have half-baked investigations sent to the AG. The Bond Commission is being skilfully handled partly because the crimes committed are local, and there is a willingness to go ahead. The long arm of the law is not long enough overseas. Examples from other countries, even China, and how they are having special courts to fight corruption, are worth studying.
There is a need to bring in the Suo Moto provisions found in India where various legal instruments exist for civil society groups and even lower court judges to initiate investigations. Some Ministers glibly talk of High Courts sitting morning, noon and afternoon. Already two Supreme Court judges of a 11-member bench are sitting in the Bond Commission. However important and onerous their work is, law’s delays are a real issue for the ordinary citizen. It is time the respective age-limits of the Appellate Court and High Court justices are reviewed with a view to raising them as is happening all over the world, and also their numbers increased – without lowering standards, to accommodate the junior judicial officers to meet the demand. Over to the Government to walk the talk. Where there is a will, there is a way. No. 08, Hunupitiya Cross Road, Colombo 02. P.O. Box 1136, Colombo editor@sundaytimes.wnl.lk - 2331276 news@sundaytimes.wnl.lk - 2479332, 2328889, 2331276 features@sundaytimes.wnl.lk - 2479312, 2328889,2331276 pictures@sundaytimes.wnl.lk - 2479323, 2479315 sports@sundaytimes.wnl.lk - 2479311 bt@sundaytimes.wnl.lk - 2479319 funtimes@sundaytimes.wnl.lk - 2479337, 2331276 2479540, 2479579, 2479725 2479629, 2477628, 2459725