I was Betrayed – Bribery DG
by Rasika Jayakody
Director General of the Bribery Commission, Dilrukshi Dias
Wickramasinghe, in an exclusive interview with the Sunday Observer,
strongly criticized the conduct of the Bribery Commission’s Chairman,
Justice Jagath Balapatabendi, when she said the Chairman “betrayed” her
when he met Speaker Chamal Rajapaksa over the inquiry into former
President Mahinda Rajapaksa. Wickramasinghe admitted that there was a
strong difference of opinion between the members of the commission over
the Chairman’s move to meet the Speaker.
The Director General also added that she always acted in an unbiased
and impartial manner and worked with the intention of ensuring justice
for every party. If one is not an independent person, he or she is nor
suitable to function as a member of an independent body, the Director
General said.
Following are excerpts of the interview:
Q: What is the present legal basis with regard to the
functioning of the Bribery Commission?
The 19th amendment contains transitional provisions. So until the
Constitutional Council or the next Commission is appointed the present
Commission can function. So, there is no issue about the legal basis
with regard to the Bribery Commission.
Q: There are allegations that the Bribery Commission is
selective when it comes to investigations and even the leaders of the
new government are exerting pressure on the Commission when it comes to
certain investigations. What are your comments on that?
Currently, we have over 3,000 pending investigations. We have grouped
the complaints under various categories such as politicians, judiciary,
senior government officials, principals, grama seveka niladaris,
statutory bodies, etc. So, it is incorrect to say the Bribery Commission
selective.
However, if your question is implying that we are only conducting
investigations on a few selected people them I vehemently deny it and
say that the allegations are baseless. I must say that no one I mean no
one has ever spoken to me regarding any investigation.
Q: But, the opposition alleges that the Commission has
expedited investigations into opposition politicians while soft-pedaling
on investigations against Government politicians. What do you have to
say about this?
Can you mention specific instances where we have expedited
investigations against opposition politicians. Can the politicians who
come up with this allegation substantiate their claims with concrete
evidence? There is no truth behind these allegations. I am a lawyer and
I go by evidence. So I won’t respond to this question unless they
provide proper evidence.
Q: It was widely speculated that the resignation of
Commissioner Keerthi Wimalachandra was aimed at disrupting the
functioning of the commission. What do you have to say about this?
Absolutely not! He was a wonderful person, a wonderful Commissioner
to work with and was a constant support and strength to me as the
Director General.
He worked harmoniously with the other two Commissioners too and even
now fondly remembered by the staff.
I am very certain that he would never ever do anything to harm the
Commission and always held the Commission in high esteem. We must give
the highest respect for his decision.
Q. Was there a heated argument between members of the
commission, during a meeting on April 22, over Speaker Chamal Rajapaksa
summoning the Chairman of the Bribery Commission?
Yes.
Q: What do you have to say about the overall controversy
surrounding the Bribery Commission Chairman’s act of going before the
Speaker?
I am actually hurt about the whole incident. The Bribery Commission
Chairman went to Parliament and sold me out. He misled the members of
the House over what was happening at the Bribery Commission. In the
organizational hierarchy, his position is superior to that of mine. If
you were in my situation, you would not expect your ‘boss’ to act in
such a manner.
You would not want your boss to betray you for something you did in
the best interests of your organization. His act clearly showed that he
wanted to be in the good books of the former President. It was in this
context that the argument you mentioned in your previous question took
place.
I always acted in an unbiased and impartial manner. I always wanted
to ensure justice for every party. If one is not an independent person,
he or she is nor suitable to function as a member of an independent
body. Problems of this nature arise when people who are not independent
find their way into independent commissions.
What every party should understand is the fact that the Bribery
Commission is an independent commission and that ‘independence’ should
be respected by all, including the country’s legislature.
The Commissioners too should function in a manner that does not
infringe on the commission’s independence. They can deal with
Parliament, or any other authority for that matter, without violating
the independent nature of the commission.
Q: the minutes of the Commissioner’s meeting were ‘leaked’ and
certain sections of media carried them. Are you in a position to say
whether those reports are true?
Maybe you got to know about the meeting from those leaked reports.
The details you mentioned in your questions were correct.
Q: Do you think Parliament should have a say in investigations
carried out by the Bribery Commission?
It is the ardent duty of the parliamentarians to protect the
independence of CIABOC.
They must therefore speak to safeguard that independence and not to
violate it.
Q: Do you think a group of politicians attempted to infringe
on the independence of the Commission when they staged a protest in
Parliament against the inquiry into the former President?
When the saga took place I could not understand why they were
accusing me of acting maliciously. Every allegation that was said in the
motion was a blatant lie.
So, I did some probing and later learnt that the parliamentarians
were totally mislead and misinformed. Still as a citizen of this country
I totally condemn anyone sleeping in the well of the parliament for any
reason whatsoever.
Q: What is the influence you have, as the Director General of
the Commission, over its investigations?
As I said earlier, the Bribery Commission is anindependent
commission. Since I took over I ensured that the Investigating Officers
(IO) were given full independence to conduct their investigations. Until
the IOs submit their final report not even the Director Investigation
(DI) has access to the file.
It is only after they submit the final report the investigation is
scrutinized by fourteen eyes. In some complicated investigations a Legal
Officer is nominated to assist in legal issues from the beginning of the
investigations.
These several levels of supervision is maintained to ensure
independency of the inquiries and to ensure justice is meted out to all
including the suspects.
Even before I took over as Director General, the aforesaid method
existed. Since I took over I introduced stringent measures to ensure
that this procedure is strictly adhered to.
So, the Commissioners and Director General see the investigation
notes only after they complete the investigation. Investigating Officers
prepare and bring me the notices by hand and request me to sign the
“section 5 notices” according to their investigation plan. For heads of
department and MPs I sign the section 5 notice.
For others, the OIC of the Unit, Director Investigation, Additional
Director Investigation or the IOs (Investigating Officer) sign the s. 5
notice. They are given strict instructions to make a note in the
investigation file if the procedure is interrupted.
The IOs have to prepare a progress of investigation and have to
conduct the investigations on a time line. I sit with the Director
Investigations, the Additional Director Investigations and the OIC of
the unit to regularly monitor the progress.
At progress review meetings,Investigating Officers must justify if
there is a delay. The investigation file is only seen by others only
after the full report is submitted by the investigation team.
Q: There are allegations that you were personally handpicked
by the Prime Minister to hunt down the government’s political opponents
through bribery investigations. What do you have to say about this?
Time will prove the accuracy of this statement. I can definitely tell
you that I am no crony of any body. I have always been and will always
be my own master.
I am a professional and not a politician. I already have a 30 year
proven track record in Hulftsdorp and at the Attorney General’s
Department.
I have a very strong sense of justice and will only work according to
my conscience. I only fear sin and nothing else. I try to conduct my
daily work according to the teachings of Dhamma.
I am not aware of the fuss about the Prime Minister’s friendship when
I have better friends and close relations in the opposition. I am hoping
that they too will in the future parliamentary sessions divulge their
friendships and relationships with me to the public.
Q: How many politicians (both government and opposition) are
under investigation at the moment?
I never counted that. At the same time, I am of the belief that such
statistics should not be divulged to media
Q. What is the method (criteria) you use to prioritize cases
against politicians?
We do not differentiate against politicians and others. I am
responsible to conclude all investigations of the complaints received
since I assumed office. So we took March as a cut-off point and planned
working backwards. When I assumed office in February a pile of
investigations were pending as they were halted for one reason or
another. I am now saddled with a backlog of four to five years.
The cases we received after April 2015 are currently on hold. By the
end of June we will again review the list and add on according to the
grouping. We need to start them soon or else they will also pile up and
then I will be also accused of not conducting investigations. Due to
this huge backlog, we needed to develop several investigative measures
to address the issue.
Q: A weekend English newspaper reported that the Bribery
Commission would issue notice on the former President. When will it
happen?
I only said that investigation is not suspended. So it will happen
when it happens. I want to clarify one thing on the investigation into
the former President. I did not start the investigation on my own. The
inquiry was based on a complaint lodged with the commission.
Q: Do you think your personal security will be in jeopardy if
and when there is a regime change in the country?
My death was decided on the day of my birth. I don’t know how and
when it will happen, but I am ready to accept my death, one day. So, I
am not afraid of any person or any regime. I only do the ‘right deed’
and I know Karma will be on my side. I am not a very religious person
but I always stick to five precepts stated by Lord Buddha.
Therefore, other external factors, including regimes and their
leaders, do not affect me. As a professional and a Public servant, I
perform my duties without leaving room for any failure on my part. When
I had to face baseless allegations in the recent past, I knew that was
due to a ‘bad Karma’ I committed in my previous birth. But I knew that
time would reveal the truth. Later, it was proven that I was not guilty
of any offence.
In the say way, only time will tell whether my conduct as the
Director General of the Bribery Commission is right or wrong. |