GOTABHAYA RAJAPAKSE

vs.

DIRECTOR GENERAL, COMMISSION TO INVESTIGATE ALLEGATIONS OF BRIBERY OR CORRUPTION AND OTHERS

COURT OF APPEAL
WENGAPPULI, J.
OBEYESEKERE;J.
CA/REVISION/APN/29/2018
HC/COLOMBO/REVISION/02/2018
MC/COLOMBO/59287/01/16
FEBRUARY 25, 27, 28, 2019

Bribery Act, No. 11 of 1954, as amended, section 78(1)-Written sanction of the commission to institute proceedings mandatory-Incurable defect-Code of Criminal Procedure Act, No. 15 of 1979, section 436

In terms of section 78(1) of the Bribery Act, No. 44 of 1954, as amended, there shall be a written sanction issued by the Commission to Investigate Allegations of Bribery or Corruption for a Magistrate's Court to entertain a prosecution under the Bribery Act. Proceedings cannot be instituted by the Commission itself. If proceedings have been instituted without such written sanction, it is an incurable defect.

Cases referred to:

1. Rodrigo v. Commission to Investigate Allegations of Bribery or Corruption (CA/PHC/57/99,CA Minutes of 10, 11.2010)
2. Magor and St Mellons Rural District Council v. Newport Corporation [1951] 2 AER 839 at 846C-847B
3. Jinadasa v. Hemamali [2006) 2 Srf LR