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Mr. Nimal Maturata, Secretary to the Commission to Investigate Bribery or Corruption wrote to Mr. Hemantha Warnakulasuriya, Senior Counsel for Mr. S.B. Dissanayake, Minister of Agriculture & Livestock Development that the Commission had decided to close the file pertaining to the inquiry into the purchase of Pan Asia Bank shares by the Samurdhi Authority.

A complaint was received by the Commission when Mr. Lucky Kodituwakku, Inspector General of Police informed the Commission in writing, drawing the attention of the Commission to the alleged offence of corruption committed by Mr. S.B. Dissanayake as the Minister of Samurdhi by directing the officials of the Samurdhi Authority to purchase shares of Pan Asia Bank.

The Bribery Act which was amended in 1994 has it that "any public servant who, with intent to cause wrongful, unlawful loss to the Government, or to confer an unlawful benefit favour or advantage on himself or any person or with knowledge, that any wrongful or unlawful loss to any person or to the Government or that any unlawful benefit, favour or advantage will be conferred to any person", shall be guilty of the offence of corruption as described in Section 70 of the Bribery Act.

It was alleged that the purchase of shares of the Pan Asia Bank on the direction of Mr. S.B. Dissanayake caused a wrongful loss to the recipients of Samurdhi beneficiaries and thereby caused a substantial advantage to the person who gave such directions to wit Mr. S.B. Dissanayake acting as the Minister of Samurdhi. After an intensive investigation into the alleged charges of corruption the then Acting Director General of the Commission, Mr. Rienzie Arsakularatne, P.C. Deputy Solicitor-General decided that no further action was necessary as the charges envisaged by the Act have not been substantiated by the evidence so far recorded, therefore the material was insufficient to call for an explanation from Mr. S.B. Dissanayake. He recommended to the Commission the file be closed.

Few days after the said decision the Acting Director General was removed from office at the instance of H.E. the President. Mr. Piyasena Ranasinghe, Magistrate, Gampaha was appointed as the Director General of the Commission. Then Mr. Lasantha Wickramatunga, Editor of the "Sunday Leader" newspaper and one of the complainants against Mr. Mangala Samaraweera on the Credit Card issue filed a Fundamental Rights application in the Supreme Court alleging that his fundamental rights had been violated by the removal of the Acting Director General and the appointment of the present Director General.

Meanwhile Mr. S.B. Dissanayake was prevented from taking oaths as the Minister of Samurdhi on the basis that an inquiry was pending before the Commission to investigate Bribery or Corruption.

On 17th December 2001, Mr. Hemantha Warnakulasuriya, Senior Counsel for Mr. S.B. Dissanayake wrote to the Director General requesting him to make a decision on the ongoing investigation for or against Mr. S.B. Dissanayake. After several meetings with the Director General and a meeting with the Chairman of the Commission, Mr. Hemantha Warnakulasuriya was informed in writing on 31st of December, 2001 by the Secretary to the Commission that the file pertaining to the complaint of alleged act of corruption in purchasing shares of Pan Asia Bank was closed and did not envisage to take any further action on the matter. The allegation of corruption made against Hon. Dissanayake was not sufficient enough to file charges against him in any Court. The decision of the Commission to close the file effectively means that the investigation did not reveal any evidence of corruption by Mr. S.B. Dissanayake in giving directions to purchase shares of the Pan Asia Bank from the Samurdhi Fund.

The allegation of corruption is a charge, if proved in Court carries a jail term of ten years rigorous imprisonment or a fine of Rs. 100.000/- or both, though the file has been closed by the Commission exonerating Mr. S.B. Dissanayake from the allegation of corruption set out in the complaint there is nothing to prevent the complainant being charged in the Magistrate Court. It is shown that the allegation was false or the complainant had reason to believe it was not true. For making a false allegation if proved carries a term of imprisonment to which could extend up to 10 years and a fine of Rs. 200.000/-

Mr. Hemantha Warnakulasuriya appeared and made submissions on behalf of Hon. S.B. Dissanayake before the Chairman of the Commission to investigate Bribery or Corruption, Mr. Ananda Coomarasamy, retired Judge of the Supreme Court.

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