– Parliamentarian Namal Rajapaksa, who was arrested by the Commission to Investigate Allegations of Bribery or Corruption over allegations of accepting a Rs. 100 million bribe in connection with a transaction involving the purchase of Airbus aircraft, has been ordered to be remanded till September 18 by the Colombo Chief Magistrate Asanga S Bodaragama yesterday.

Thereafter, suspect Namal Rajapaksa was produced before the Colombo Chief Magistrate’s Court at around 4.00 p.m. yesterday by officers of the Commission to Investigate Allegations of Bribery or Corruption.Making submissions before court on behalf of the Commission to Investigate Allegations of Bribery or Corruption, Deputy Solicitor General Janaka Bandara stated that the suspect had been arrested as a result of a joint investigation conducted by the Criminal Investigation Department and the Commission to Investigate Allegations of Bribery or Corruption into the controversial Airbus transaction.“My Lord, with the mutual assistance of Australia, Singapore, France and the United States of America, this investigation has now reached its final stage. The agreement in this transaction had been to obtain a bribe of US$1 million for each aircraft.In this controversial Airbus transaction, €1.454 million (Euro) had been paid as a bribe by Airbus into an account maintained at Standard Chartered Bank in Singapore under the name BIZ Solutions INC, which was solely owned by Priyanga Niyomali Wijenayake, the wife of Kapila Chandrasena, the former Chief Executive Officer of Sri Lankan Airlines.From that account, on November 19 and December 22, 2014, money had been deposited on two occasions into an account maintained at OCBC Bank in Singapore in the name of Sabre Vision Holding Ltd, a company chaired by Nimal Perera.

Accordingly, investigation officers recently travelled to Australia in search of Nimal Perera, who is currently residing there, and recorded a statement from him. As he has refused to come to Sri Lanka due to death threats, he has provided an affidavit to officers of the Commission to Investigate Allegations of Bribery or Corruption.He says that an amount of US$800,000 received from the account maintained under the name BIZ Solutions INC into the account of Sabre Vision Holding Ltd belonging to him was handed over to the suspect Lakshman Namal Rajapaksa, who is being produced before court today. This amounts to Rs.100 million in Sri Lankan currency.

My Lord, the parent company of Airbus has now agreed to assist with any investigation relating to the controversial Airbus transaction. Accordingly, senior officials of Airbus have now visited Sri Lanka on three occasions and have provided four statements. They have also provided a number of documents relating to this transaction to the investigating officers.Accordingly, information has also been revealed regarding the relationship between Airbus and the suspect. Therefore, the arrest of this suspect was carried out after considering all these circumstances.As the suspect is alleged to have committed an offence under Sections 17(a), 17(c) and 25 of the Bribery or Corruption Act, read with Section 113 of the Penal Code and as a certificate issued by the Director General of the Commission to Investigate Allegations of Bribery or Corruption under Section 149 of the Anti-Corruption Act has been submitted against the suspect, I request court to refuse bail to the suspect and remand him.

Appearing for the suspect, President’s counsel Sampath Mendis submitted,

“My Lord, my client has been arrested today and produced before court solely on the basis of a statement made by a person named Nimal Perera. Neither the French officials nor the officials of Airbus have stated that they gave money to him.

Another case involving the said Nimal Perera is currently being heard before the High Court in relation to the ‘Krrish transaction’. In that case too, it is stated that money had been received into an account belonging to a company named Sabre Vision Holding Ltd. However, in that case, Nimal Perera had stated that the account did not belong to him, but belonged to an Italian friend.

Accordingly, Nimal Perera is saying one thing then and another thing today. In 2019, the Criminal Investigation Department did not believe what Nimal Perera said. If so, how can Nimal Perera be believed in 2026?

My Lord, this is what is called the principle of turning even a monitor lizard into a land monitor when one wants to eat. Therefore, I request court to consider this as an exceptional circumstance and grant bail to my client.”

After considering all the submissions, the Magistrate stated,

The suspect has been charged under Section 149 of the Anti-Corruption Act. Therefore, special circumstances must be presented in order for bail to be granted.

As a special circumstance, the President’s Counsel referred to the credibility of the statement made by the suspect. The credibility of the suspect’s statement cannot be determined by this Court through a summary of evidence. The credibility of a witness’s statement can only be considered after the commencement of the trial.

At that stage, when the suspect gives evidence and when the witness is cross-examined, it can be determined whether or not the statement given by the witness is credible.

Accordingly, the credibility of the witness cannot be considered a special circumstance. Since no other special circumstances have been presented, no grounds have been established for granting bail.