Witnesses Felt Safe Only After Suspects Were Remanded, Court Told In Namal Case

COLOMBO (News 1st); Parliamentarian and Sri Lanka Podujana Peramuna National Organizer Namal Rajapaksa was produced for the first time before the Colombo Permanent High Court Trial-at-Bar in connection with allegations that he accepted a Rs. 100 million bribe linked to the Airbus Scandal.

The three-judge High Court bench ordered that the case be called again on November 19 and directed that notice be issued on the Commission to Investigate Allegations of Bribery or Corruption to appear in court on that date.

The Bribery Commission has filed indictments before the Trial-at-Bar naming Namal Rajapaksa, Shamindra Rajapaksa, Priyanka Niyomalie and Biz Solutions (Pvt) Ltd. as accused in connection with the alleged Rs. 100 million Airbus Bribery Scandal.

The case is being heard before the Permanent Trial-at-Bar comprising Judges Priyantha Liyanage, Thilakaratne Bandara and Nuwan Dhammika Dissanayake.

The development came a day after the matter was taken up before the Colombo Chief Magistrate's Court, where the Bribery Commission informed court that indictments had already been filed before the High Court.

Following that notification, Namal Rajapaksa was ordered to appear before the Trial-at-Bar today.

Accordingly, Rajapaksa was brought to court in a prison bus and produced before the three-judge bench.

However, the Bribery Commission, which is the complainant in the case, was not present as notices had not yet been issued.

President's Counsel Nalin Ladduwahetty, appearing on the instructions of Attorney-at-Law Sanath Wijewardena for Namal Rajapaksa, informed court that the defence intends to seek bail on a future date when the officers conducting the prosecution are present before court.

The Trial-at-Bar fixed the matter for November 19 at 1.45 p.m. and issued notice directing the Bribery Commission to appear in court on that date.

Until then, Namal Rajapaksa will continue to remain in remand custody.

Meanwhile, the judges observed that the original case file had been forwarded to the Trial-at-Bar without following the proper procedure and issued notice on the Registrar of the Colombo Chief Magistrate's Court to explain the circumstances surrounding the transfer of the file.

Meanwhile, Rajapaksa's bail application in the separate Krrish transaction case, in which he is accused of accepting a Rs. 70 million bribe, was once again taken up before Colombo Chief Magistrate Asanga Bodaragama.

Appearing for the Bribery Commission, Assistant Director Legal Thanuja Bandara argued that granting bail could adversely affect the ongoing investigation.

Here's a translated extract of the submissions made by Thanuja Bandara, Assistant Director Legal, for the Commission to Investigate Allegations of Bribery or Corruption:

"Yesterday, learned President's Counsel stated that those who are considered oppressors today may become victims tomorrow. One must ask whom that statement refers to. Is it the Bribery Commission? Is it the investigating officers? Or is it the witnesses? That question naturally arises.

Two witnesses who were initially reluctant to provide statements have now done so in relation to this investigation. They stated that although they had given statements on two previous occasions, they had not disclosed the truth at those times because they feared for their lives and the safety of their family members.

However, after these suspects were remanded, they came forward again and disclosed facts they had not revealed earlier. They specifically stated that they felt able to make statements freely because Namal Rajapaksa and Janaki Siriwardena had been remanded. I am submitting the relevant document containing those statements for Your Honour's consideration only.

These witnesses, who had previously been living in fear, have now come forward because the suspects remain in custody. Therefore, the question also arises whether these witnesses themselves may become victims in the future."

President's Counsel Ali Sabry, appearing for Namal Rajapaksa, argued that the Assistant Director had misunderstood the remarks he made before court yesterday.

Here's a translated extract of the submissions made by President's Counsel Ali Sabry:

"My Lord, what I stated yesterday was that those who act as oppressors today may become victims tomorrow. The Assistant Director of the Bribery Commission has misunderstood that statement. The President travels across the country announcing dates on which judgments will be delivered. He speaks of lists containing fifty names. Firecrackers are to be lit and applause is expected on specific days. Therefore, if the cap fits, wear it. The Bribery Commission and the judiciary are independent institutions."

Meanwhile, the Assistant Director of the Bribery Commission submitted that the grounds presented yesterday were insufficient to justify granting bail.

Here's a translated extract of the submissions made by Thanuja Bandara, Assistant Director Legal, for the Commission to Investigate Allegations of Bribery or Corruption:

"The reasons advanced by the suspect do not amount to exceptional circumstances. Decisions of superior courts have never recognized a parent's illness, by itself, as an exceptional circumstance justifying bail. If the suspect's parents are unwell, it is well known that there are many others available to care for them. The suspect himself is not suffering from any illness, nor is he being denied medical treatment.Therefore, the grounds cited by the suspect cannot be considered exceptional circumstances and we oppose the application for bail."

Responding on behalf of the defence, President's Counsel Ali Sabry maintained that exceptional circumstances did exist.

Here's a translated extract of the submissions made by President's Counsel Ali Sabry:

"We are all opposed to corruption. That is precisely why anti-bribery laws have been strengthened over time and ultimately evolved into the present commission.

Article 13(5) of the Constitution clearly states that every person shall be presumed innocent until proven guilty by a court of law. That presumption of innocence applies equally to this suspect. An allegation alone does not take that right away.

He should not be treated differently because of his political views. No one in this country is above the law and no one is below the law. Everyone is equal before the law.

The judiciary cannot be directed according to the wishes of the Executive. Judicial power must not be undermined.

This suspect has now spent approximately 50 days in remand custody. Even individuals facing narcotics cases carrying the death penalty are granted bail pending trial. This is a bribery case where the maximum sentence is ten years. Why then should bail not be considered?

His mother underwent heart surgery yesterday and his father is in a critically ill condition. In such circumstances, it is the responsibility of a child to attend to his parents. I fail to understand why that would not amount to an exceptional circumstance. We respectfully request court to grant bail."

After considering the submissions, the Chief Magistrate fixed November 3 for the order on the bail application.

Namal Rajapaksa and former Krish Company director Janaki Siriwardena remain in remand custody until November 6 in connection with the case.