Director General Commission vs Hemasiri Bandara Thibbotumunuve – CA LA 02/2014-2014

In the case between the Director General, Commission to investigate allegations of Bribery or Corruption (Appellant) and Hemasiri Bandara Thibbotumunuve (Respondent), the court addressed whether the respondent’s acquittal by the High Court on charges under section 23(A)(3) of the Bribery Act for alleged illegal accumulation of wealth was justified. It was determined that the respondent had produced sufficient documentary and witness evidence to account for the source of funds used to purchase an apartment, thus rebutting the statutory presumption of illicit enrichment under the Bribery Act. The holding reaffirmed that, in cases concerning unexplained assets, the prosecution bears the burden of establishing an initial case and the accused may rebut the presumption with credible explanation