Namal Requests Bail for Temple Ceremony; CIABOC Objects
CLawyers appearing for Namal Rajapaksa requested court to grant him bail, citing his invitation to participate in a religious ceremony involving the installation of a temple pinnacle.Referring to a recent Supreme Court ruling, Deputy Solicitor General Janaka Bandara stated that both the Anguttara Nikaya and the Sutta Pitaka emphasize the importance of freedom from corruption.However, he argued that no such special circumstances existed in the present case.
The Colombo Chief Magistrate’s Court, which further remanded Namal Rajapaksa until September 29, informed parties that its order on the bail application would also be delivered on that date.Namal Rajapaksa, the National Organizer of the Sri Lanka Podujana Peramuna, who is currently in remand custody over allegations of accepting a Rs. 100 million bribe in connection with the Airbus aircraft procurement deal, was produced before Colombo Chief Magistrate Asanga S. Bodaragama this morning.
He was produced before court in connection with the case filed by the Commission to Investigate Allegations of Bribery or Corruption.
President’s Counsel Shavindra Fernando, appearing for the suspect, requested court to grant bail as Rajapaksa had been invited to participate in the installation of a pinnacle at the Hanguranketha Pothgul Viharaya on September 26.Here’s An Extract Of The Submissions Made In Court By President’s Counsel Shavindra Fernando, the Counsel for Namal Rajapaksa:
“Your Honour, the suspect has received an invitation from the Government of India to undertake a visit to India. Due to his remand custody, that visit will also have to be cancelled. In addition, the annual Esala Perahera of the Hanguranketha Pothgul Viharaya is scheduled to be held. This procession is second only to the Kandy Esala Perahera. As part of the event, the Chief Incumbent of the temple has invited the suspect to participate in the installation of the temple pinnacle at 7.42 p.m. on September 26. If the suspect remains in remand custody, he will be unable to attend. That would amount to a discourtesy to the venerable monk who extended the invitation. Therefore, I respectfully request that these circumstances be considered exceptional and that the suspect be granted bail under appropriate conditions.”
Deputy Solicitor General Janaka Bandara pointed out that these reasons were insufficient to justify granting bail.
Here’s An Extract Of The Submissions Made In Court By Deputy Solicitor General Janaka Bandara:”Your Honour, neither the proposed visit to India nor the installation of a temple pinnacle can be regarded as exceptional circumstances. Recently, Supreme Court Justice Janak de Silva delivered a judgment that clearly emphasized, through Buddhist teachings, the importance of acting free from corruption. Drawing from the Anguttara Nikaya and the Sutta Pitaka, the judgment highlighted the significance of integrity and conduct in accordance with the Dhamma. No such circumstances arise here. If they did, it would be a different matter. These cannot be considered exceptional circumstances. No exceptional grounds have been presented on behalf of the suspect. Therefore, I request that the suspect be further remanded.”
The Deputy Solicitor General also informed court that the Bribery Commission had sought the Attorney General’s advice regarding the ongoing investigations.Here’s An Extract Of The Submissions Made In Court By Deputy Solicitor General Janaka Bandara:
“This investigation dates back to 2012. The first suspect in the matter, Kapila Chandrasena, is now deceased. The second suspect, Priyanka Niyomali Wijenayake, has fled to Australia. The third suspect, Shamindra Rajapaksa, has fled to the United States. This investigation is being conducted jointly by the Bribery Commission and the Criminal Investigation Department. The extracts of the investigations carried out by the CID have already been forwarded to the Attorney General. Furthermore, under Section 69 of the Anti-Corruption Act, the Bribery Commission is empowered to seek advice from the Attorney General regarding investigations. Accordingly, the Commission has sought guidance on the next steps to be taken. All investigation files are currently being reviewed, and appropriate legal action will be taken as expeditiously as possible. The suspect has been produced before court under Section 149 of the Anti-Corruption Act, supported by a certificate issued by the Director General of the Bribery Commission. Where such a certificate has been issued, bail may only be granted upon the presentation of exceptional circumstances.”
The Magistrate then inquired about the steps taken regarding the warrants issued against the third and fourth suspects in the case.
Responding to the question, the Deputy Solicitor General stated that steps had been taken to obtain an Interpol Red Notice in respect of third suspect Shamindra Rajapaksa, who is currently residing in the United States.He further informed court that efforts were also underway to obtain a Red Notice against second suspect Priyanka Niyomali Wijenayake, who is currently residing in Australia.President’s Counsel Shavindra Fernando, appearing for Namal Rajapaksa, argued that Nimal Perera, who had provided evidence in relation to the investigation, should himself be treated as a suspect.Here’s An Extract Of The Submissions Made In Court By President’s Counsel Shavindra Fernando, the Counsel for Namal Rajapaksa:
“Your Honour, an international investigation has already been conducted into the Airbus transaction. None of the reports related to that investigation mention this suspect. Likewise, the report of the commission appointed by former President Maithripala Sirisena in relation to this matter contains no reference to him. The suspect is in remand custody solely on the basis of a statement made by one individual, Nimal Perera. At one stage, Nimal Perera, who is currently in Australia, stated that the money had not been deposited into his account. On another occasion, the Criminal Investigation Department itself highlighted through B Reports that he had made false statements. If the alleged bribe money in this case was credited to Nimal Perera’s account, then he too should be treated as an accomplice to the offence.”
This was the response given by Deputy Solicitor General Janaka Bandara to the submissions made by the suspect’s counsel.”Your Honour, during the previous hearing you ruled that the credibility of Nimal Perera can only be determined during a full trial. Furthermore, the suspect has maintained associations with him over a lengthy period. It was the suspect, not the prosecution, who should have first satisfied himself about the witness’s credibility. Therefore, this cannot be considered an exceptional circumstance.”
After considering the submissions, the Colombo Chief Magistrate directed the prosecution to file written submissions on the bail application by September 22 and directed the defense to file its written submissions setting out its position on the bail request by September 29.The Chief Magistrate, who ordered that the suspect be further remanded until September 29, also announced that the court’s decision on the bail application would be delivered on the same date.
