By The Pulseline News Desk
The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) has reportedly sought warrants from the Colombo Magistrate’s Court on Thursday (24) for the arrest of two former Indian directors of the Krish Group over an alleged Rs. 70 million bribe paid to Parliamentarian Namal Rajapaksa.
The two Indian nationals, identified as one Amit Kattiyaar and one Rajendra Prasad Gupta, have been directed to appear before the Colombo Chief Magistrate’s Court on October 2, when evidence from investigating officers regarding the warrant application will be recorded.
Colombo Chief Magistrate Asanga S. Bodaragama has also authorised CIABOC investigators to record a statement from Namal Rajapaksa at the prison where he is currently being held in connection with another case.
Meanwhile, former Krish Group director Janaki Siriwardena, who was arrested in connection with the investigation, was ordered to be remanded until October 6.
Appearing for CIABOC, Assistant Director of Legal Affairs Ama Wijesinghe has told court that the Rs. 70 million had allegedly been given to Namal as a gratification for assisting in the expedited transfer of land at Transworks Square in Colombo Fort to the Krish Group for a mixed-development project.
She has said investigations had revealed that the money had been channelled through a bank account belonging to Nimal Perera, who is currently residing in Australia. According to CIABOC, Perera has informed investigators that he cannot return to Sri Lanka due to threats to his life.
CIABOC has alleged that Siriwardena, who had a detailed understanding of the company’s financial affairs, had acted with criminal intent in facilitating the payment.
The Commission has also told court that the two former directors in India had been notified by email and air mail but had failed to respond, prompting the warrant application.
Wijesinghe has described the matter as a complex investigation into the alleged giving and receiving of a bribe and has submitted a certificate issued by the CIABOC Director-General under Section 149 of the Anti-Corruption Act.
However, counsel for Siriwardena, Attorney-at-Law Amila Dissanayake, has argued that the same Rs. 70 million was already the subject of an indictment filed by the Attorney General against Namal before the Colombo High Court.
He has said Namal had been indicted over allegations that the money had been obtained for the development of rugby and that a criminal breach of trust had been committed.
Dissanayake has argued that it was problematic for CIABOC to pursue a separate bribery-related allegation concerning the same money, particularly as Siriwardena had been named as a witness in the High Court proceedings.
The lawyer has also cited the fact that Siriwardena’s husband had travelled overseas the previous day and that she has a 16-year-old daughter preparing for the G.C.E. Ordinary Level examination and a 14-year-old son, and had sought bail on those grounds.
CIABOC has countered that its investigation was independent of the High Court case and that the Commission was legally empowered to investigate the alleged bribery offence.
After considering the submissions, Chief Magistrate Bodaragama has observed that three of the five exceptional circumstances cited by the defence related to the pending High Court case.
The Magistrate has said the prosecution would have to consider whether Siriwardena’s remand could prejudice those proceedings, but has held that the circumstances presented did not constitute sufficient grounds to grant bail.
He has therefore rejected the bail application and has ordered Siriwardena to remain in remand custody until October 6.
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