IN THE COURT OF APPEAL OF THE DEMOCRETIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal in terms of section 331 (1) of the Code of Criminal Procedure Act No- 15 of 1979, read with Article 138 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Court of Appeal No:

CA/HCC/0466/2017 The Director General, Commission to investigate Allegations of Bribery or Corruption, No. 36, Malalasekara Mawatha, Colombo 07.

COMPLAINANT Vs.

High Court of Colombo Case No: HCB/1822/2009 Girigoris Jansage Lesli Senadeera ACCUSED AND NOW BETWEEN Girigoris Jansage Lesli Senadeera ACCUSED-APPELLANT Vs.

The Director General, Commission to investigate Allegations of Bribery or Corruption, No. 36, Malalasekara Mawatha, Colombo 07.

RESPONDENT Before : Sampath B Abayakoon, J.

: P. Kumararatnam, J.

Counsel : Anil Silva, PC for the Accused-Appellant : Subashini Siriwardena, Addl. Director General of the Bribery Commission for the Respondent Argued on : 11-01-2022 Written Submissions : 08-10-2018 (By the Accused-Appellant)

: 25-01-2019 (By the Respondent)

Decided on : 21-02-2022 Sampath B Abayakoon, J.

This is an appeal by the accused appellant (hereinafter referred to as the appellant) on being aggrieved by the conviction and sentence of him by the learned High Court Judge of Colombo.

The appellant was indicted before the High Court of Colombo on the following counts.

(1) That on or about 28th May 2008 the appellant being a public servant and being the Land Officer attached to Tawalama Divisional Secretariate, solicited as an inducement or a reward, a sum of rupees 10000/- from W.G. Sydney Raveendra for him to obtain a land permit for the unauthorized State land he is in possession, an offence punishable in terms of section 19(b) of the Bribery Act.

(2) At the same time and at the same transaction for committing an offence punishable in terms of section 19(c) of the Bribery Act by soliciting the same amount.

(3) On 17th June 2008 at Akuressa, accepting a sum of rupees 9000/- as an inducement or a reward from the above-mentioned Sydney Raveendra, an offence punishable in terms of section 19(b) of the Bribery Act.

(4) At the same time and at the same transaction for committing an offence punishable in terms of section 19(c) of the Bribery Act by accepting the same amount.

After trial, the appellant was found guilty as charged and was sentenced to a total term of eight years rigorous imprisonment on counts one and three and a fine. He was also ordered to pay a sum of rupees 9000/- in terms of section 26 of the Bribery Act.

Facts as revealed in evidence briefly are as follows.

The PW-01 Sydney Raveendra was in occupation of an unauthorized plot of state land and was in the process of taking steps to obtain a permit for the land. When he went to Tawalama Divisional Secretariate on 28th May 2008 to handover his application, (the document marked P-01 at the trial), the appellant who was the land officer who handled the subject, informed him to give him a call in the night, which he did. When he called as instructed, he has been informed by the appellant that rupees ten thousand has to be given to him in order to arrange the permit for the land.

Subsequently, on the complaint to the Bribery Commission by PW-01, the ensuring raid has been conducted on the 17th of June 2008. PW-01, along with the decoy (PW-10) who acted as the elder brother of PW-01, has met the appellant who came in a Motorcycle at a place near the Akuressa Police Station. It was the evidence of PW-01 that he phoned the appellant around noon on that day and the appellant gave him a call at about 2.30pm using a landline and informed him that he is coming to Akuressa. It was stated that after accepting the application which was in a long envelope, as well as rupees 9000/- as a reduced amount, while still seated on the motorcycle, the appellant placed both the envelope and the money in the pocket of the fuel tank cover of the motorcycle, at which point the officials of the Bribery Commission a