'No Exceptional Grounds for Bail': Court Keeps Shiranthi Rajapaksa in Custody

COLOMBO (News 1st); Shiranthi Rajapaksa and former state bank chairman Pradeep Kariyawasam are facing allegations relating to the criminal misappropriation of Rs. 10 million in state funds.

The case was taken up before Colombo Chief Magistrate Asanga S. Bodaragama.

Making submissions on behalf of the Commission to Investigate Allegations of Bribery or Corruption, Additional Solicitor General Dileepa Peiris alleged that the Siriliya Saviya organisation had been used as a vehicle for money laundering.

Here's a translated extract of the submissions made by Dileepa Peiris, the Additional Solicitor General:

"The first suspect had discussions regarding this matter on 08.12.2010. Following an agreement reached at that time, it was decided that Rs. 10 million would be provided. The payment was approved on 30.12.2010. Subsequently, on 04.05.2011, the second suspect instructed the first suspect to credit the funds to the Siriliya Saviya account maintained at the Maradana branch of the Bank of Ceylon instead of the Carlton Suwa Udana account. However, there was no approval from the Board of Directors for this transfer. Despite that, the first suspect proceeded with the transfer, stating that the request had come from the First Lady."

Although the funds were raised to provide a CT scanner to the Lady Ridgeway Hospital for Children, the hospital received an MRI scanner as a donation from the Chinese Government in 2014.

The Additional Solicitor General stated that steps had subsequently been taken to donate that MRI scanner to the hospital through the Siriliya Saviya organisation.

Here's a translated extract of the submissions made by Dileepa Peiris, the Additional Solicitor General:

"The MRI scanner donated to Sri Lanka by the Chinese Government was presented to the hospital as a donation from the Siriliya Saviya organisation. The first suspect had also been invited to that event. The donation was made on the birthday of one of the second suspect's children. Doctors Rajamanthri and Ratnasiri of the Lady Ridgeway Hospital have provided statements confirming that the scanner was in fact a donation from the Chinese Government."

Court was also informed that Siriliya Saviya had not been formally registered.

Here's a translated extract of the submissions made by Dileepa Peiris, the Additional Solicitor General:

"This account was initially established in 2006 under the name 'Shiranthi Navodaya'. Three months later, the name was changed to Siriliya Saviya. The organisation was never formally registered. No official reports were submitted. However, using the State Emblem and the address of the Presidential Secretariat, correspondence was issued under the name of First Lady Shiranthi Rajapaksa."

President's Counsel Anil Silva, appearing for Shiranthi Rajapaksa, sought bail on her behalf.

Here's a translated extract of the submissions made by President's Counsel Anil Silva:

"The suspect is suffering from a heart condition. Her condition worsened last night and she has now been admitted to the National Hospital. At present, she is undergoing open-heart surgery. Considering this exceptional circumstance, I request that bail be granted."

Additional Solicitor General Dileepa Peiris stated that although the suspect had been hospitalized, the prosecution was not aware that she was undergoing surgery.

At that point, President's Counsel Anil Silva asked:

"Are you waiting until she dies?"

The Additional Solicitor General then addressed court regarding events that occurred after the suspect had been remanded.

Here's a translated extract of the submissions made by Dileepa Peiris, the Additional Solicitor General:

"When she exited the airport, there was no indication that she was suffering from any illness. She did not even leave the airport with her eyes closed. However, when we moved to arrest her, she was covering one eye claiming that she had undergone eye surgery. Whether that was true or not, I do not know. This entire sequence of events is, in my view, a 'performance', Your Honour."

After considering the submissions, the Colombo Chief Magistrate directed prison authorities to submit a report on the suspect's medical condition.

At that stage, President's Counsel Anil Silva addressed court again:

"Your Honour, I wish to correct my earlier statement. I have now received instructions that surgery is not being performed at this moment. However, I am informed that the suspect is scheduled to undergo surgery."

The Chief Magistrate granted prison authorities time to submit medical reports regarding the suspect's condition and ordered that the case be recalled at 2.00 p.m.

When the matter was taken up at 2.00 p.m., a three-page medical report from the Director of the National Hospital of Sri Lanka was submitted to court.

Having reviewed the report, Colombo Chief Magistrate Asanga S. Bodaragama stated that no exceptional circumstances had been established to justify granting bail.

Here's a translated extract of the statement made by Colombo Chief Magistrate Asanga S. Bodaragama:

"The report does not contain any medical recommendation stating that heart surgery is immediately required. It recommends that an angiogram be performed. The report also sets out the suspect's medical conditions and notes that failure to provide treatment could be life-threatening. It further states that she is not in a condition to be produced before court. I do not wish to keep anyone in custody unnecessarily. However, sufficient exceptional circumstances must exist before bail can be granted. The report also states that a panel of doctors will meet this evening to discuss the treatment required for the suspect. Therefore, at this stage, there are no exceptional circumstances warranting the granting of bail."

Accordingly, Shiranthi Rajapaksa was further remanded until October 16.