SRI LANKA: Politician allegedly demands Rs. 80,000/ bribe for the return of a man’s motorbike 

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of a case concerning alleged bribery and theft on the part of a local politician from Ragama, Sri Lanka. According to our sources, Mr Henry Bernard had his motorbike stolen by unknown persons in March 2004 and the matter went to court. When the retrieved motorbike was returned to Mr Bernard, he was approached by Mr Merril Perera, a provincial council member of the western province, who demanded he pay Rs. 80,000/ in exchange for being allowed to keep his bike. When Mr Bernard declared that he would not pay this money, Mr Perera had the bike forcibly removed from Mr Bernard’s possession. Mr Bernard reported this to local police, but their advice was to pay the money as it was not sensible to become involved with influential people. However, Mr Bernard took the matter further and the case was scheduled to go before the courts. To date however, this has not occurred because despite arrest warrants having been issued, Mr Perera has yet to present himself to the court. The motorbike, to our best knowledge, is still in Mr Perera’s possession.

Such bribery and corruption by a politician towards a citizen is entirely unacceptable and must be stopped. We ask that you intervene in this matter so that this can be achieved. Please write to the Commission to Investigate Allegations of Bribery or Corruption, demanding a proper inquiry into this matter and legal action taken against Mr Perera if the allegations are proven true. Disciplinary action should also be taken against those police officers who advised Mr Bernard to pay the bribe, rather than pursue it through the courts. The motorbike must be returned to Mr Bernard and all false charges laid against him in recent weeks dropped.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of victim: Mr. Kalubowilage Don Henry Bernard, 40, a small businessman involved in collecting plastics and polythene and selling off cuts from garment factories
Address: 107G, Mathew Mawatha, Ekala, Sri Lanka
Alleged perpetrator: Mr. Merril Perera, resident of Kopiyawatte, Ragama, Sri Lanka, and a provincial council member of the western province elected in 2004

Case Details (according to the victim):

The victim, Henry Bernard had his motorbike stolen on 20 March 2004. The bike was taken by unknown persons who Mr Bernard had a minor altercation with. He immediately went to the Wattala police station to make an entry regarding the theft. After one week the police located the motorbike and produced it before the Magistrates Court in Wattala. A few days later the motorbike was released from court production, with several conditions laid down by the court. The case number is 97277 and the next hearing for this is scheduled for 25 October 2005.

However, in July 2004, Mr. Merril Perera, a provisional council member of the western province, allegedly summoned Mr Bernard to his residence. Upon reaching there, Mr Bernard was told by Mr Perera that if he did not pay an amount of Rs. 80,000/ the motorbike would be taken from him once again. The money was to be given to an unknown person who had paid Rs. 80,000/ to an agent so as to go abroad. As Mr. Bernanrd was unwilling to pay this amount, Mr Perera forcibly confiscated the motorbike.

When Mr Bernard approached several nearby police stations to lodge complaints regarding this matter, he was advised to pay the money as clashing with influential people was not wise, and at least that way he would have his motorbike returned. However, aware that the responsibility of the bike was in his hands, owing to it being a court production and having been released into his care, Mr Bernard filed an affidavit in the Wattala Magistrates Court. Mr Bernard then petitioned the Inspector General of Police (IGP) to act in regards to the inactivity of the police officers. Following this the Super-Intendant of Police asked Mr Bernard to lodge a new complaint with the Peliyagoda Police.

Following the filing of the affidavit in the courts, there was a court summons for all concerned to attend. However, Mr Perera did not present himself to the court and therefore an arrest warrant was issued. To date however, Mr Perera has not gone before the courts.

Mr Bernard, on the other hand, continues to be harassed. False cases have been laid against him and despite having shown up for the original court hearing on September 7, an arrest warrant was issued, he was arrested on September 10 and remanded on September 11. Though he was bailed on September 12, his situation remains precarious. He is unaware if the false charges laid against him are in relation to the case that is ongoing with Mr Perera.

SUGGESTED ACTION:

Please write to the Commission to Investigate Allegations of Bribery or Corruption, demanding a proper inquiry into this matter and legal action taken against Mr Perera if the allegations are proven true. Disciplinary action should also be taken against those police officers who advised Mr Bernard to pay the bribe, rather than pursue it through the courts. The motorbike must be returned to Mr Bernard and all false charges laid against him in recent weeks dropped.

 

 

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