The Queen V. Michael De Livera

1960 Present : Weerasooriya, J., and Sinnetamby, J.

THE QUEEN v. M. G. J. MICHAEL DE LIVERA et al.

S. C. 31A-B- D. C. (Criminal) Colombo, N 1939
 

    Bribery Act, No. 11 of 1954, as amended by Act No. 17 of 1956-Bribe1'1J of a Member of Parliament--Ingredients of offence-" In his capacity as such member" Sections 14 (a), 14 (b), 15, 22, 25 (2), 91.

A person cannot be convicted under section 14 (a) of the Bribery Act of offering a gratification to a member of the House of Representatives unless the gratification was offered to the latex for his doing an act in his" capacity" as a member of Parliament. A member of the House of Representatives cannot be regarded as acting "in his capacity as such member" within the meaning of the section except in the exercise of the functions of his office as such member; section 14 (a) is confined to those cases in which a member does an at which he is able to do only by virtue of the legal powers vested in him as a member and which act he would not be able to perform but for the fact that be is a member.

APPEAL from a judgment of the District Court, Colombo. The facts appear from the judgment of Weerasooriya, J.



H. V. Perera, Q.C., with S. Nadesan, Q.C., E. J. Cooray, J. A. L. Cooray and N. Satyendra, for the 1st Accused-Appellant.

Colvin R. de Silva, with M. M. Kumarakulasingham, for the 2nd Accused-Appellant.

D. St. C. B. Jansze, Q. C., Attorney-General, with L. B. T. Premaratne, Crown Counsel, and V. S. A. Pullenayegum, Crown Counsel, for the Crown-Respondent.

Cur. adv. vult.

April 4, 1960. WEERASOORIYA, J.

The two accused-appellants were tried before the District Court of Colombo on an indictment framed under the special provisions of the Bribery Act, No. 11 of 19M (hereinafter referred to as "the Act "). The 1st accused-appellant Was charged on counts 1 and 3 with having, on the 19th and 22nd December, 1958, respectively, committed an offence punishable under section 14 (a) of the Act in that he offered a gratification of Rs. 5,000 to one Welikala James Charles Munasinghe, a member of the House of Representatives, as an inducement  or reward for his doing an act in his capacity as such member, to wit, addressing a letter to the Minister of Lands and Land Development requesting him to abandon the proposal for the acquisition of Vincent Estate, Chi law. The second

accused-appellant was charged on counts2 and 4 with abetment of those offences. In addition, the 1st accused was charged on count 5, and the 2nd accused on count 6, with having, on the 22nd December, 1958, abetted the acceptance by Welikala James Charles Munasinghe of a gratification of Rs. 5,000 as an inducement or reward for his doing the aforesaid act, and with having thereby committed an offence punishable under section 14 (b) read with section 25 (2) of the Act. They were convicted on all counts and sentenced to terms of imprisonment, and have filed these appeals from their convictions and sentences.

At the material time Mr. Munasinghe was the member for Chilaw in the House of Representatives. He was also the Chief Government Whip and General Secretary of the Sri Lanka Freedom Party. Vincent Estate is situated within his constituency and was owned by the 1st accused. On the 28th October, 1958, Mr. Munasinghe addressed to the Minister of ands and Land Development the letter PI strongly recommending as a matter of urgency the acquisition of Vincent Estate for alienation to the inhabitants of certain villages in the Chilaw District who had been displaced from their homes as a result of floods. PI bears the printed heading" House of Representatives" and is signed by Mr. Munasinghe as "M. P. Chilaw". At the time the Minister of Lands and Land Development, Mr. C. P. de Silva, was the authority empowered under the Land Acquisition Act, No.9 of 1950, to initiate acquisition proceedings and to give the necessary directions in that behalf.

Click Here to Read the rest of this document