Hewagama v. The Bribery Commissioner and Another – sllr 1994 volume 3 page 405

In the case between Hewagama (Appellant) and The Bribery Commissioner and Another (Respondents), the court addressed the legality of issuing a notice under section 4(1) of the Bribery Act, which required the appellant to furnish a sworn statement of assets. The central legal issue was whether such a notice could be validly issued in the absence of a pending bribery investigation or the commencement of a prosecution. It was held that the notice was not legally competent since no credible investigation or ongoing prosecution had been established, thereby setting aside previous judicial findings and acquitting the appellant. The ruling reaffirmed the principle that statutory authority to demand asset statements is conditional upon the existence of a substantiated investigation or prosecution.