HC dismisses Bribery Commission’s case against Johnston

The Colombo High Court today dismissed the case filed by the Bribery Commission against Minister Johnston Fernando over allegedly employing CWE workers outside their scope of duties from 2010 – 2014. 

On May 19, 2016 the Commission to Investigate Allegations of Bribery or Corruption had filed action against Minister Fernando for causing loses amounting to Rs. 40.1 million to the government, when he was serving as Minister of Cooperatives and Internal Trade. 

According to the commission, the losses were incurred due to the minister using public servants for political and personal reasons. 

Former Sathosa Chairman Eraj Fernando and its former Working Director Mohammed Fakir had also been accused in the case.

They had been accused of employing 153 workers of the co-operative wholesale establishment (Sathosa) for the minister’s personal and political activities during the period from 2010 and 2014.  

The attorneys representing the minister and the other defendants in the case had raised preliminary objections before the magistrate’s court claiming that the manner in which the Bribery Commission had filed the case was unlawful.

However, the magistrate’s court had rejected the preliminary objections and decided to proceed with the hearing of the case.

 Minister Johnston Fernando had subsequently filed a revision petition with the Colombo High Court challenging the decision of the magistrate’s court.

The revision petition was taken up for hearing and Colombo High Court Judge Adithya Patabendige decided that the manner in which the Bribery Commission had filed charges against Minister Fernando was unlawful.

Therefore the High Court ordered that the minister be released from the case and ordered to notify the Colombo Magistrate’s Court of the decision.