The Colombo High Court has fixed October 5 for further evidence in the corruption case brought by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) against former Energy Minister Kumara Jayakody, Ada Derana and the Daily Mirror reported on Monday.
The case was taken up before High Court Judge Rasantha Godawela — the same judge who fixed the trial for June 17 after concluding the pre-trial conference in May.
What the witness told the court
Buddhika Ruwan Madihahewa, former Chairman of the Lanka Fertilizer Company, testified under the direction of CIABOC officer Asitha Anthony that a procurement process was begun in 2014 to select a contractor to carpet the roads at the company’s Hunupitiya warehouse complex. Jayakody was the company’s Procurement Manager at the time.
A private firm — named by the Daily Mirror as D.S. Construction — was selected, and an advance of Rs. 8,859,708 was paid against an advance payment guarantee. Madihahewa said he approved the payment after examining documents from the procurement and finance divisions confirming the procedure had been properly followed.
The company never carried out the work, the witness acknowledged. Rubble and stones brought to the site were left on the premises, and only Rs. 2,214,921 was recovered under the guarantee.
A legal officer of the National Audit Office also gave evidence before the court adjourned.
The charge, and an arithmetic note
CIABOC alleges Jayakody caused a loss of Rs. 8.86mn to the government by conducting the procurement in a manner favourable to a private company. That figure is the gross advance, not the net shortfall: after the Rs. 2.2mn recovered under the guarantee, the unrecovered sum on the evidence led on Monday is Rs. 6,644,787. Neither outlet notes the distinction.
A discrepancy with earlier reporting
Reporting when the trial date was set in May placed the conduct in 2016 and described Jayakody as Manager of the Production and Imports Division. Monday’s sworn evidence puts the procurement in 2014 and Jayakody in the Procurement Manager post. The court testimony is the more authoritative account.
The outlets also differ on details: Ada Derana calls the employer the “Ceylon Fertilizer Company” and Asitha Anthony an Assistant Director General, while the Daily Mirror uses “Lanka Fertilizer Company” and Deputy Director General. The Lanka Fertilizer name matches the charge as reported when the case was first listed.
Context
The case is separate from the coal-import inquiries that led to Jayakody’s resignation as Energy Minister and from the Presidential Coal Commission proceedings at Hulftsdorp. He survived a no-confidence motion 153–49 on April 10 before stepping down a week later. The alleged conduct predates his political career.
