DIRECTOR GENERAL, COMMISSION TO INVESTIGATE ALLEGATIONS OF BRIBERY OR CORRUPTION V. GENERAL ANURUDDHA RATWATTE

DIRECTOR GENERAL, COMMISSION TO INVESTIGATE
ALLEGATIONS OF BRIBERY OR CORRUPTION
V. GENERAL ANURUDDHA RATWATTE

COURT OF APPEAL
SILVA, J. AND
D. S. C. LECAMWASAM, J.
CA 325/07
H. C. (COLOMBO) B 1579/ 15
FEBRUARY 26TH, 2010

Judicature Act - Section 39 - Objection to jurisdiction of any Court of first instance when?- Bribery Act - Section 23A(4) - Opportunity to show cause before instituting proceedings-No action can be instituted without giving such opportunity to show cause - Legal maxim expressio unius est exclusion alterius - Patent - Latent lack of Jurisdiction?

The Director General of the Bribery Commission filed action against the Accused under Section 23A(3) of the Bribery Act. At the end of the prosecution case, the defence took up an objection that the prosecution had failed to comply with the pre-conditions found in Section 23A (4) of the Bribery Act. The learned High Court Judge upheld the objection and discharged the Accused.

In the appeal, the defence raised two preliminary objections, namely, the Bribery Commission should give a person an opportunity t

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