Krrish bribe case takes new turn

Siriwardena, who also served as the Chief Executive Officer of the company, was initially summoned to the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) on Thursday morning to record a statement. 

The investigation centers on a Rs. 70 million bribe allegedly given to MP Rajapaksa to expedite the transfer of the Transworks Square property in Colombo Fort—owned by the Urban Development Authority—to Krrish Transworks Colombo (Pvt) Ltd. She was subsequently arrested at the Commission and produced before Colombo Chief Magistrate Asanga S. Bodaragama.

Presenting the facts to the court, CIABOC’s Assistant Director (Legal), Attorney-at-Law Ama Wijesinghe, stated that the Krrish company had channeled the Rs. 70 million bribe to MP Rajapaksa in three installments through an individual named Nimal Perera, as an incentive to fast-track the mixed development project.

Wijesinghe informed the court that the suspect, who possessed a thorough understanding of the company's contracts and transactions, was fully aware of the bribery process and did not act with an innocent mind. The court was also informed that the key witness in the matter, Nimal Perera, has fled to Australia citing alleged death threats.

Emphasizing the complexity of the investigation, the CIABOC official noted that further company documents need to be recovered and accused the suspect of not cooperating with the investigators. CIABOC intends to file indictments covering all three aspects of the transaction: soliciting, offering, and accepting the bribe. Furthermore, the Commission noted that Indian nationals Amit Katiyar and Rajendra Prasad Gupta, who were board members of the company, have not responded to email summons requesting their statements.

Consequently, CIABOC requested the court to deny bail and remand the suspect. They also sought permission to direct the Prison Superintendent to allow them to record a statement from MP Namal Rajapaksa, who is currently in remand custody and identified as a suspect who received the bribe. During the proceedings, the Magistrate questioned if it was Nimal Perera—the owner of the bank account where the funds were deposited—who disclosed that the MP received the bribe. The CIABOC official confirmed this was the case.

Appearing for the suspect alongside Attorney Mary Dickman, Counsel Amila Dissanayake applied for bail. He argued that the original complaint regarding this exact Rs. 70 million was filed in 2015, and the Attorney General has already indicted MP Rajapaksa in the High Court for criminal breach of trust, alleging the funds were misappropriated under the guise of rugby promotion.

The defense counsel highlighted that Siriwardena is currently a witness in that specific High Court case. He questioned how the Bribery Commission could now frame charges making his client a suspect over the same Rs. 70 million, raising the question of whether the funds constituted a criminal breach of trust or a bribe. He urged the court to consider these as exceptional circumstances to grant bail.

When the Magistrate sought CIABOC's stance on this argument, the Assistant Legal Director clarified that the two matters are separate legal proceedings under distinct charges and are not consolidated cases.

Delivering the ruling, Chief Magistrate Bodaragama noted that it is up to the Bribery Commission to consider the implications of arresting an individual as a suspect before they have even testified as a witness in an ongoing High Court case. 

However, the Magistrate stated it was not the court's responsibility to determine if this action affects the other case, thereby rejecting the defense's argument that it constitutes an exceptional circumstance. Accordingly, bail was denied and the suspect was remanded.