AG Questions Salley's Inability to Recall Mobile Phone Password

COLOMBO (News 1st); The Attorney General informed court this afternoon that a medical board, including the Director of the National Hospital of Sri Lanka, has recommended that former State Intelligence Service Director Suresh Salley, who was receiving treatment at the Colombo National Hospital, is fit to be discharged.

When this case was previously taken up, the Director of the National Hospital informed court that a final decision on whether suspect Suresh Salley could be discharged from hospital would be made on September 28.

Court was informed at the time that Salley would continue to receive treatment until that date.

Accordingly, a medical report regarding Suresh Salley's health condition was submitted to court on September 28, and last Friday the Magistrate issued notices on ten doctors, including the Director of the National Hospital, to appear before court to clarify matters contained in that report.

In compliance with those notices,

Director of the National Hospital Dr. Sampath Indika Kumara, together with

Consultant Cardiologist Dr. Gamini Galappaththi, 

Consultant Physician Dr. N.M. Perera, 

Consultant Physician Dr. Yamuna Senadheera, 

Consultant Nutritionist Dr. Nalinda Herath, 

Consultant Psychiatrist Dr. Anuprabha Wickremesinghe, 

Consultant Cardiac Electrophysiologist Dr. Susith Amarasinghe, 

Consultant Physician Dr. Varuni Samaranayake, 

Consultant Microbiologist Dr. Mahen Kothalawala and 

Consultant Dental Surgeon Dr. Asanga Gunathilaka appeared before open court.

Consultant Dermatologist Dr. Janaka Akarawita did not appear before court as he was overseas.

Additional Solicitor General Dileepa Peiris, appearing on behalf of the Attorney General, informed court that the Attorney General was representing the doctors as they are government officials.

Here's an extract of the submissions made by Additional Solicitor General Dileep Peiris in court:

"We summoned these doctors to the Attorney General's Department yesterday. The Director of the Criminal Investigation Department also participated in the discussion. On September 28, 2026, this medical board submitted its final medical report on the health condition of the third suspect, Suresh Salley, to this court through National Hospital Director Dr. Sampath Indika Kumara. The report has been signed by all ten doctors. It outlines six key matters regarding the third suspect's health condition. These include ensuring that prescribed medication is administered on time, keeping him in a suitable environment, placing him under medical supervision, ensuring appropriate follow-up at medical clinics, providing treatment if allergic reactions occur, and referring him to the cardiology unit if there is any issue with the functioning of the cardiac device implanted in him. The third suspect is currently in Ward 42 of the National Hospital. Doctors have now recommended that he is fit to be discharged from the National Hospital. Accordingly, arrangements are being made to hand him back to the custody of the Criminal Investigation Department this afternoon."

The Additional Solicitor General also made submissions regarding what he described as a lack of cooperation with the ongoing investigation.

Here's an extract of the submissions made by Additional Solicitor General Dileep Peiris in court:

"The medical condition suffered by the third suspect arose due to his own genetic condition rather than external causes. That condition was aggravated by a self-imposed fast. Yet, this same individual filed a case before the Court of Appeal. In support of that case, 46 documents, amounting to 9,700 pages, together with a 247-page affidavit, were submitted. He was able to do all of that. However, he still claims he cannot remember the password to his mobile phone. The position taken by his lawyers is that he changed his password every three days. So apparently that is what he spent his time doing. This individual is a former head of Sri Lanka's intelligence service and has spent much of his career attached to military-related institutions. He therefore has full access to the Army Hospital, where treatment is provided free of charge. Yet he had not even cleaned his ears or brushed his teeth."

At that point, President's Counsel Shavindra Fernando, appearing on behalf of Suresh Salley, addressed court and stated:

"Please do not make such derogatory remarks. Address the court in an appropriate manner."

Thereafter, Dilipa Peiris made further submissions.

Here's an extract of the submissions made by Additional Solicitor General Dileep Peiris in court:

"Your Honour, the victims in this matter appear to have been forgotten. Who is speaking for them? Who is concerned about their treatment? Yet everyone is concerned about him. We are not going to be deceived again by these performances. He did not simply become ill; he was made ill. A doctor who is a relative of the third suspect and living in Australia has been involved in this matter. We were prepared to reveal details of these actions. However, the doctors stated yesterday that he is fit to be discharged from hospital, and therefore we will not pursue that issue further. In fact, the Attorney General had not originally intended to appear on behalf of these doctors. They had been advised to obtain private legal representation. It was only after they accepted yesterday that the suspect could be discharged that I appeared before court today on behalf of the Attorney General. This suspect has delayed this investigation for 119 days."

The Magistrate then inquired whether specialist methods could be used to obtain access to the password of the mobile phone in question.

Responding to the query, the Additional Solicitor General stated that appropriate steps would be taken if access could not be obtained through available local mechanisms.

President's Counsel Shavindra Fernando, appearing for Suresh Salley, told court that the prosecution was making statements that unfairly portrayed his client as engaging in a performance.

Here's an extract of the submissions made by President's Counsel Shavindra Fernando in court:

"We requested both the earlier medical reports and the reports submitted today or previously. Up to this point, they have not been provided to us. This matter was called today based on a motion filed by the Criminal Investigation Department. We were not even informed about it by the Attorney General. It was concealed from us. If we file a motion, notice must be served on the other party. There cannot be one law for the prosecution and another for the defence. We do not even have a medical report concerning our client's health condition. How did the aggrieved party receive reports that we do not have? No one has even requested the medical reports from court. Your Honour, the prosecution spoke about whether my client brushes his teeth. What relevance does that have to these proceedings? How can the Attorney General make such remarks? Was he personally observing him? These comments are intended to insult my client. This entire exercise is being used to demean him. They spoke about a password. No statement has been recorded from him regarding any password. He was asked about it while in hospital, and to the best of our recollection three possible passwords were provided in writing at that time. The real conspirators in this investigation are within the complainant's side. Previously, the complainant itself described these doctors as conspirators before this court. Today, the same side appears on behalf of those doctors."

Thereafter, the Magistrate observed that no request had been formally made before court by the defence for the medical reports.

Addressing court again, President's Counsel Shavindra Fernando stated that medical reports which were not available to the defence appeared to be available to the aggrieved party.

He emphasized that such a situation should not occur.

Responding to those submissions, Additional Solicitor General Dileepa Peiris stated:

"Your Honour, I did not describe the ten doctors as conspirators. What I said was that there appeared to be a medical conspiracy. I said it then and I repeat it today. The suspect remained in hospital, eating and drinking as normal. A thermometer was placed in his mouth and routine checks were carried out, as happens in hospitals. He also underwent dental treatment because there were issues affecting his teeth. Those conditions developed because he had not properly maintained oral hygiene. Those issues have now been treated through surgery. In any event, they had no impact on his heart condition. The cardiac device implanted in the suspect was also provided at state expense."

Having considered the submissions made by both parties, the Fort Magistrate fixed the case for October 21.