Opposition MP Ajith P. Perera has raised fresh questions over the Bribery Commission decision allowing the withdrawal of bribery charges against former Central Bank Governor Ajith Nivard Cabraal and four others, citing submissions made by Cabraal’s legal team opposing the payment condition imposed by the Bribery Commission.
In a Facebook post, Perera questioned why the Commission proceeded with a conditional withdrawal when Cabraal’s lawyer had informed court that the defence does not agree with the requirement to pay compensation and maintained that the case should be withdrawn outright on the basis that the charges cannot be sustained in law.
Perera asked why the Bribery Commission moved to withdraw the case despite the defence’s position that no payment would be made to the State, and whether this could result in the case being refiled after three months, causing further delays and additional costs to the public.
He also questioned who would bear the cost to the government if the case is re-instituted, noting that restarting proceedings would involve significant expenditure of public funds.
The opposition MP further queried who stands to benefit from the prolonged delays arising from withdrawing a case filed in 2017, only to potentially recommence it months later, a process that could lead to years of additional legal delays.
Perera also raised concerns over the wider impact of the ruling on cases already filed by the Bribery Commission, as well as investigations yet to be instituted, questioning whether this decision could weaken future prosecutions.
On Dec. 10, the Colombo High Court permitted the withdrawal of bribery charges filed against Cabraal and four other accused in connection with the Central Bank’s controversial investment in Greek sovereign bonds in 2011.
The withdrawal was allowed under Section 67 of the Bribery Act, following a request by Cabraal, the first accused. After a review under Section 67(2), the Director General of the Commission to Investigate Allegations of Bribery or Corruption, with the Commission’s approval, permitted the withdrawal under Section 67(3), subject to conditions.
Under the order, Cabraal is required to pay Rs. 1,843,267,595.65 as compensation for the alleged loss to the State. The amount must be deposited into a designated Central Bank account within three months from Dec. 10, 2025. Failure to make the payment will result in the charges being refiled under Section 67(5) of the Bribery Act, the Bribery Commission has said.
Charges against the other four accused were withdrawn under Section 194(3) of the Code of Criminal Procedure, and they were formally released by court.
The Bribery Commission has stressed that the accused have not been acquitted or found innocent, clarifying that the withdrawal is conditional and that legal action may resume if the stipulated terms are not fulfilled.