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.