According to the judgement pronounced by the Permanent Trial- at- Bar after hearing the case against the former President’s Chief of Staff Dr. I.H.K. Mahanama and the former Chairman of the State Timber Corporation P. Dissanayake. Dr. Mahanama was sentenced to 20 years of rigorous imprisonment, a fine of Rs. 65,000/- and a penalty of 20 million and P. Dissanayake was sentenced to 12 years of rigorous imprisonment, a fine of Rs. 55,000/-.
The investigations were commenced in accordance with a complaint lodged by an Indian businessman K.P Nagaraja who came to Sri Lanka to invest in Kanthale Sugar Factory. The First Accused Appellant Dr. I.H.K Mahanama has served as the Secretary of the Ministry of Lands since 2015 to 31.03.2018. He was the President’s Chief of Staff from the year 2018 to 03.05.2018. (until the day of the raid). The Second Accused- Appellant P. Dissanayake was the Chairman of the State Timber Corporation. In the first instance, the First Accused - Appellant has solicited a bribe of USD 3 million to transfer the absolute ownership of the land, buildings and machinery of the Kanthale Sugar Factory to the Complainant. Subsequently, the 1st and the 2nd Accused- Appellants have solicited a bribe of Rs. 100 million and accepted Rs. 20 million in the presence of the decoy during the raid conducted on 03.05.2015. The suspects were arrested when while accepting Rs. 20 million of marked currency notes as a gratification. Indictment was served before the Permanent Trial- at-Bar against both suspects.
Particularly this trial was able to conclude within a short period of 3 months. Further, 22 witnesses, 116 documents and 62 productions were presented and marked before Court. Both the suspects were convicted at the end of the trial on 19th December 2019.
The case was prosecuted by Senior State Counsel, Mr.Janaka Bandara, Assistant Director General of Bribery Commission Ms. Subashini Siriwardena, State Counsel Mr. Udara Karunathilake, Assistant Director Legal of Bribery Commission Ms. Anusha Sammandapperuma and Assistant Director Legal of Bribery Commission Mr. Gayan Maduwage.
The investigation was conducted by investigation officers of Bribery Commission particularly Assistant Director Investigation SP Mr. Ruwan Kumara, CI Mr. Pushpakumara with the support of IP Mr. Thennakoon, WIP Weerasinghe, SI Karunarathne, SI Weerathunga, SI Ajith, SI Perera, WPC Hemamali, PC Ekanayake and PC Amarasinghe. Both the Appellants appealed to the Supreme Court challenging the permanent Trial- at- Bar verdict delivered on 19th December 2019 that convicted both the Appellants. On 11/01/2023 appeal was considered by a Five-Judge Bench of the Supreme Court and they have unanimously upheld the Trial -at- Bar verdict and the Appeal was dismissed.
Deputy Solicitor General Mr. Janaka Bandara, Assistant Director General of Bribery Commission Ms. Subashini Siriwardena, State Counsel Mr. Udara Karunathilake, Assistant Director Legal of Bribery Commission Ms. Anusha Sammandapperuma, and State Counsel Mr.Kasun Sarachchandra appeared before Supreme Court for the Respondent; Director General of the Commission to Investigate Allegations of Bribery or Corruption.
