Rs. 120 million bribery allegation: lawyer, politician & former director remanded

• Rakitha Rajapaksha and Charitha Abeysinghe were arrested for demanding a bribe from Harak Kata’s wife
• Stents, sleep apnea & courtroom drama: Bail pleas fall flat in bribery case 

By Bhagya Silva   

In connection with an incident involving the alleged demand and receipt of a bribe of Rs. 120 million from the wife of a notorious organised criminal to facilitate arrangements for him, Attorney-at-Law Rakitha Nirmala Rajapaksha, Samagi Jana Balawegaya Horana organizer Charitha Wasantha Kumara Abeysinghe and a former Director of the Civil Aviation Authority and SriLankan Airlines, Warusahennadige Aruna Sri Chathuranga, who were arrested by the Bribery Commission, have been remanded until the 3rd.   

When the case was taken up today before Colombo Chief Magistrate Asanga S. Bodaragama, the Bribery Commission informed court that the suspects were arrested in connection with an allegation of receiving Rs. 120 million as a bribe from the wife of organised criminal Nandun Chinthaka alias “Harak Kata”, for the purpose of separating him from detention orders under the Prevention of Terrorism Act (PTA) and transferring him to a normal prison facility, and for bribing officers of the Criminal Investigation Department (CID) in order to keep him as an ordinary prisoner. >>P2

  

Appearing for the Bribery Commission, Assistant Director Legal Anusha Samanthapperuma stated that the suspect known as “Harak Kata”, a drug trafficker, was being held at Boossa Prison and that attempts were made to transfer him to another prison by offering bribes in order to ensure his safety and required facilities while in custody.   

The Bribery Commission further informed court that the suspects had initially demanded Rs. 500 million as a bribe from Harak Kata’s wife, which was later reduced to Rs. 300 million, then further reduced to Rs. 200 million, and finally an advance payment of Rs. 120 million was requested.   

It was further informed that Harak Kata is currently in detention under remand orders, and statements have been recorded from a person known as “Habi” alias Nirmala Bandara, a close associate of Harak Kata. According to those statements, the first suspect Charitha Wasantha Kumara had communicated with Habi via telephone, and Habi is currently residing in Dubai.   

It was further stated that Habi is a close associate of Harak Kata and that discussions had taken place regarding providing security and arrangements for Harak Kata in prison through these communications.   

The Commission further stated that discussions had taken place regarding removing Harak Kata from detention as there were fears that he might be killed in custody similar to Makandure Madush, and transferring him to another prison.   

It was also informed that Habi had given a sworn affidavit confirming these facts to the Bribery Commission.   

The Commission further stated that the suspects had travelled to Dubai to discuss the transaction, as Harak Kata’s wife was residing there. On 25 March 2023, they had departed for Dubai, and the following day they had met Harak Kata’s wife. Thereafter, the three suspects had visited Habi’s residence, where Harak Kata’s wife and child were also present.   

It was further informed that statements are to be recorded from an individual named Midigama Ruwan alias Jayasekara Withanage Ruwan Chamara.   

The Commission further stated that the initially demanded Rs. 5000 million was reduced to Rs. 2000 million, and the advance payment was set at Rs. 1200 million. Out of this, Rs. 1000 million was allegedly given to the second suspect Rakitha Rajapaksha and Rs. 200 million to the first suspect Charitha Wasantha Kumara.   

It was further stated that the remaining Rs. 800 million had not yet been paid, and telephone recordings allegedly show the first suspect telling Habi that once the remaining amount was paid, the transaction could be completed.   

The Commission further informed court that after the payment, the expected action regarding Harak Kata was not carried out, and due to the extension of remand orders, Harak Kata’s wife requested the return of the money.   

Thereafter, arrangements were allegedly made through a person from the Kotahena area, through the late Midigama Lasantha Wickramasekara, to return Rs. 200 million to Harak Kata’s wife, Madhushani.   

It was further informed that on 25 June 2026, Harak Kata’s wife had filed a complaint with the Inspector General of Police regarding this matter, and the Inspector General had ordered an investigation.   

It was further stated by the investigating officers that statements recorded from Harak Kata also confirm that similar money had been demanded from him.   

It was further informed that, according to immigration records, the three suspects had travelled to Dubai by flight on 25 March 2023.   

The Assistant Director of the Bribery Commission further stated that the investigation had commenced based on these facts and that further inquiries were ongoing, requesting that the suspects be remanded.   

Counsel appearing for the second suspect, President’s Counsel Anil de Silva, stated that the facts submitted under Section 149 by the Bribery Commission could not be certified.   

He further stated that he did not accept any of the factual allegations relating to the incident.   

He submitted that the incident had occurred in 2023 and that a certificate had been issued by the Director-General under Section 149(1) in relation to the suspects. However, since the alleged arrest was not made at the time of a raid or direct apprehension, such a certificate is not applicable to this case, and executive certification cannot be used to restrict personal liberty.   

He further stated that his client is an attorney-at-law and that if he is remanded, it would cause prejudice to his clients, as he appears in many cases before multiple courts, and requested that this be considered as a special circumstance.   

He further stated that the second suspect suffers from sleep apnea and that imprisonment could pose a risk to his life.   

He requested that the court consider whether adequate treatment for such a condition is available in prison and that this be treated as a special circumstance.   

He further stated that issuing such certificates is unconstitutional and that such mechanisms are being used merely to remand suspects.   

Counsel for the first suspect argued that whether the certificate issued under Section 149 is valid for this case must be examined, and questioned whether the credibility of witnesses had been properly assessed, especially when statements were obtained from individuals in remand custody who are involved in multiple other criminal cases.   

He further questioned whether statements of ordinary persons and those of criminal suspects in custody were being properly evaluated, and stated that his client has no previous convictions and suffers from severe heart disease, has three stents inserted, and requires five more stents, and that remanding him would endanger his life.   

Counsel for the third suspect stated that no special circumstances were presented against his client by investigators, and that he had travelled to Dubai for business purposes. He stated that he frequently travels to Dubai and India for business, that he is not involved in bribery offences, and that he is not a public servant, and therefore even if any bribe was involved, he would have no authority to act in relation to the alleged offence.   

Counsel Gunaratne Wanninayaka appeared for the second suspect, attorney-at-law suspect was arrested without prior notice by police, and questioned whether this is how lawyers are treated by the Bribery Commission, and stated that all lawyers’ rights must be considered, and questioned why he was not called after informing the Commission by telephone.   

He further stated,   

“තාත්තා දේශපාලනඥයෙක් නිසා පුතාට ගස්සනයි යන්නේ”   

After all submissions were made, the Assistant Director of the Bribery Commission stated that under Section 149, once an offence is revealed, the Director-General is empowered to issue such a certificate against suspects, and that although the Act was enacted in 2023, it allows retrospective investigation of offences.   

She further stated that individuals committing offences still have the right to complain to the Bribery Commission, and that the transactions in question were carried out through the “undiyal” system.   

After considering all submissions, the Magistrate stated that the court accepts the Director-General’s certificate submitted by the Bribery Commission, and that in considering special circumstances, only the medical conditions submitted were taken into account.   

The court further observed that the medical reports submitted were not relevant to the present time and did not indicate that the suspects’ lives would be endangered.   

The court also stated that it has no authority at this stage to assess the credibility of witness statements.   

Accordingly, the Magistrate ordered that the suspects be remanded till July 3.