18 April, 2021

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Eva, Mohan And Nawaz – Unholy Trinity Colluding To Corrupt Bribery Commission

In a move that smacks of political interference in the judiciary and rampant conflict of interest, Colombo Telegraph learns that former Supreme Court Justice Eva Wanasundera – now Chair of the Bribery Commission will soon close the bribery case against former AG Mohan Pieris and current Court of Appeal President A.H.D. Nawaz.

In 2018, the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) had charged former Attorney General Pieris, and then Court of Appeal Judge A.H.M.D. Nawaz, a former Deputy Solicitor General at the AG’s Department, and former Lanka Electricity Company (Private) Limited (LECO) Chairman M.M.C. Ferdinando for preparing an erroneous Attorney General’s report to avoid taking legal action against irregularities committed by the LECO Chairman while purchasing of lands for LECO in 2010.

Charges were filed Pieris and Nawaz under case number 87741/01/18 at the Colombo Chief Magistrate’s Court, but the case is now before the Supreme Court after Mohan Pieris filed a writ to stop the Magistrate’s Court proceedings.

The matter came up before a bench headed by then Supreme Court Justice and law college batchmate of Premier Mahinda Rajapakasa, Eva Wanasundera. At the time, Counsel for the State passed some documents to Justice Wanasundera and indicated that she had dealt with the matter before and may not wish to hear the matter. Those documents were not made available to any other Counsel at the time.

It later transpired that while she herself was functioning as Attorney General, Justice Wanasundera had made a minute in the file in a bid to prevent the matter being referred by the AGs department to the Bribery Commission. This was despite reports available to her at the time which demonstrated that there was a corrupt exercise of power by the duo, who had attempted to block a criminal investigation into corruption at the Lanka Electricity Company, in order to protect certain individuals close to then President Mahinda Rajapaksa’s regime. In fact, investigations into LECO later proceeded, and those responsible were indicted by the High Court of Colombo.

Despite Wanasundera’s involvement in the case as attorney general, she proceeded to issue a stay order restraining proceedings in the Magistrate’s Court, a clear conflict of interest, since one must not act as a judge in a matter one has been involved in in any other capacity.

However, now the story has got much murkier.

This year, the Petitioners Peiris and Nawaz filed a motion in the Supreme Court seeking the matter of the writ to be called on 10th March 2021.

The matter was taken up in open court last week and lawyers for Nawaz and Pieris informed court that the Bribery Commission – now chaired by retired Justice Wanasundera – had agreed to withdraw the Magistrate’s Court case against the duo.

For reasons best known to her, as attorney general, justice of the Supreme Court and now as Chair of the Bribery Commission, Eva Wanasundera has gone the extra mile to protect Pieris and Nawaz (the latter especially). In doing so, Wanasundera has acted with a clear conflict of interest.

The Supreme Court matter is now to be called on 26th March, in order that lawyers for Peiris and Nawaz can move to amend the Court’s stay order on the Magistrate’s Court. The removal of the stay order – which prevents the case being taken up at the Magistrate’s Court at all – will then enable the Wanasundera’s Bribery Commission withdraw its case against Peiris and Nawaz. Peiris now serves as President Gotabaya Rajapaksa’s UN Envoy in New York. While Nawaz was appointed President of the Court of Appeal by the President despite facing corruption charges in a lower court. Both Peiris and Nawaz enjoy the patronage of those in the highest echelons of power in Sri Lanka.

It is a sad day when the Commission to Investigate Allegations of Bribery or Corruption is itself corrupt. As the Latin maxim goes quis custodiet ipsos custodes? Who will guard the guards? (By Janakie Mediwake)

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Latest comments

  • 5
    0

    What are the Lawyers fraternities going to do, with a pistol held by
    Nanadasena over them? Nanadasena Rule has been predicted for
    the next 8 years!

    Make hay whilst the sun shines?

  • 5
    0

    Eeyay Sundariya is a living example of the maxim that a woman can be just as corrupt as a man!

  • 7
    0

    Crooks paradise Sri Lanka!

  • 8
    0

    Somebody must document a timeline of all the court cases of SLPP affiliated scoundrels that have been dismissed (and waiting for dismissal) after the Presidential election. It is important to also mention that all of this is not possible without some inputs from the AG’s Dept and the learned judges that sat on those benches. The AG particularly has meekly accepted all of this and retreated.

  • 3
    0

    I don’t understand this court drama. The same actress playing as daughter, wife and mother? It is in the highly civilized Sinhala Buddhist culture for 2500 years? The hard worked donkey had turned into an ant. Nepotism have shrink only one or two to play the roll of AG, SJ & Bribery Commissioner.

    Eva, Mohan And Nawaz – Unholy Trinity Colluding To Corrupt Bribery Commission”
    “In a move that smacks of political interference in the judiciary and rampant conflict of interest, Colombo Telegraph learns that former Supreme Court Justice Eva Wanasundera – now Chair of the Bribery Commission will soon close the bribery case against former AG Mohan Pieris and current Court of Appeal President A.H.D. Nawaz.”
    Reading above, there is a suspicion arise; is that possible CT misunderstanding the Bribery Commission as Bribery Prevention Commissions.

    All these time the fence let all cattle to eat the crops. Now it has joined the cattle in eating the corps. Poor farmer!

    • 0
      0

      to stop Bold

  • 3
    0

    In a Democratic country, if the citizens can not rely on the Judiciary/ Media / security on being unbiased & uncorrupted who is going to be. This is why we need People of good standing and the Parliamentarians to shine the light on corrupt and illegal acts of the Government

    • 2
      2

      N
      Don’t you think that the same cannot be said about the USA with political appointments to the Supreme Court, utterly biased media that repeatedly lied about Iraq, Syria, Libya and Venezuela among others, and a racist police that targets Blacks?

  • 3
    0

    SJ
    Let us put our house (country) in order before tackling all the other countries.
    We all know the world is not perfect but let us put our country that practices Buddhism in order.
    By targeting the minorities the Sinhalese are bringing down the entire country. A country that is lawless/brutal/ corrupted & in deep financial troubles

  • 1
    0

    In “NEWS”: The Bribery Commission states that the case against Sajin Vas Gunawardane who was charged for swindling Rs. 800 million while being the CEO of “Mihin Lanka” will be “WITHDRAWN” due to “TECHNICAL” reasons. Please remember, the Chairman of “Mihin Lanka” at that time was none other than the present President Mr. Gotabaya Nandasena (now named Nandaseeni in social media) Rajapakse. It will be another “NIDOSKOTA NIDAHAS” case. Will, there be anyone held “Responsible” and “Accountable” for making that “Technical Error” in filing the case? NO, because that is the “NORM” of “Professional Performance” in this country. Mrs. Eva Wanasundara: Great work and very “COMMENDABLE” for upholding and maintaining that “MORM”.

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