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Can the CIABOC not take an independent decision?: Colombo High Court

09 Feb 2022

 
  • Colombo HC Permanent Trial-at-Bar takes CIABOC to task over Aluthgamage case 
  • Notes contradictory statements and embarrassment of witnesses, defendants, court 
  BY Buddhika Samaraweera Observing that it is ridiculous for the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) to make contradictory statements before the court from time to time, the Colombo High Court (HC) Permanent Trial-at-Bar yesterday (8) queried whether the CIABOC could not take an independent decision without embarrassing witnesses, defendants, and the court. The case filed by the CIABOC against current Agriculture Minister Mahindananda Aluthgamage and two others for allegedly causing a loss to the Government during Aluthgamage’s tenure as a former Sports Minister was taken up in court yesterday. Accordingly, CIABOC Assistant Director General (ADG) Subhashini Siriwardena informed the court that the indictment filed by the CIABOC’s DG against Aluthgamage and two others had recently been amended by the Attorney General’s (AG’s) Department without the consent of the CIABOC’s three commissioners or the DG. She further stated that she has not yet received legal advice on whether to continue or withdraw the said case. Noting that she has not been instructed by the CIABOC to withdraw the indictment filed against the accused, Siriwardena added that the CIABOC intended to act on the indictment filed earlier. She also requested the court to give her time to inform of the final decision regarding the case. At that point, the Colombo HC Permanent Trial-at-Bar informed that when a case is referred to the AG, he has the right to amend it. The court also directed the CIABOC to inform the court whether the AG’s Department would be further involved in this case, noting that it is ridiculous for the CIABOC to make contradictory statements before the court from time to time and questioned whether the CIABOC could not take an independent decision without embarrassing witnesses, defendants, and the court. Accordingly, the Colombo HC Permanent Trial-at-Bar, comprising Judges Amal Ranaraja, Pradeep Hettiarachchi, and Mahen Weeraman, directed the CIABOC to inform the court of the final decision on the case on 25 February 2022. President’s Counsels Nalin Ladduwahetty and Anil Silva appeared for the accused.


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