Dr. Mohamed Shafi, who is accused of allegedly amassing assets through suspicious means, performing illegal sterilization surgeries and having links to terrorist activities, has been granted bail this evening (25) following a lengthy trial.
The case against Dr. Shafi was taken up before the Kurunegala Magistrate’s Court for the third time at around 1.30 pm today.
Accordingly, the suspected doctor was released on four personal bails each adding up to Rs 2.5 million and a cash bail of Rs 250,000.
Appearing on behalf of the defendant, President’s Counsel Nawaratne Bandara pointed out, as Dr. Shafi’s trial has raised furore in the society, certain groups of people including Buddhist monks are in an attempt to dismantle reconciliation by making statements to the media.
Since such deliberate statements are prejudicial to his client, the defense attorney requested the Kurunegala magistrate to remove the parties that are not related to the case from the court premises.
The magistrate then sought the opinion of Deputy Solicitor General Thusith Mudalige, who spoke on behalf of the Attorney General’s Department, on the matter. He responded that it is unnecessary to remove the other parties who had attended the hearing as there could be an aggrieved mother among the attendees and added that she is entitled to know the details of the trial.
Speaking up again, PC Bandara pointed out that his client, Dr. Shafi, has the right to know the aggrieved parties and the attorneys who appeared for them.
Thereupon, a heated exchange of words between the accused and the aggrieved.
Defense attorney then defiantly said the attendance of the mothers, who lodged complaints against Dr. Shafi, is unrequired for the trial.
He also challenged the aggrieved party to prove if Dr. Shafi has incised fallopian tubes of any mother.
The attorney of the aggrieved party defended that the defense counsel’s comments are insulting to the entire motherhood.
The magistrate was then forced to request the defense and the aggrieved parties to respectfully assist the court proceeding.
Meanwhile, Deputy Solicitor General Mudalige, presenting submissions, told the court that among the total of 615 complaints received by the Criminal Investigation Department on the cesarean sections performed by Dr. Shafi, only some 147 complaints raised suspicions on illegal sterilization. The rest of the complaints concerned complications in conceiving experienced by the mothers who had not even passed an adequate time period to reconceive following their previous C-sections.
The 147 complaints that raise suspicions comes under Article 311 of the Penal Code Ordinance for causing “grievous hurt”, he continued.
The deputy solicitor general further told the court that the charges laid against the defendant for allegedly amassing assets through illegal means have been directed to the Financial Crimes Investigation Division and separate investigations are being conducted to probe illegal sterilization charges. However, there is no corroboration to prove money-laundering charges against Dr. Shafi, he added.
Continuing to present submissions, the deputy solicitor general said investigations into illegal sterilization charges have come to a halt owing to the court order which temporarily suspended the SHG tests that were to be conducted to confirm the allegations.
He requested the magistrate to issue an order to the directors of Castle Street Hospital and De Soysa Hospital for Women to submit a report on five-year data compiling the complications experienced by mothers who have undergone SHG tests.
The deputy solicitor general also made a request to order TV Derana and Hiru media institutes to hand over the unedited video clips to the CID containing the statements made by certain individuals following the previous hearing of the case on June 27th.
The Kurunegala Magistrate’s Court granted permission to both of the requests made by the deputy solicitor general.
Speaking on detaining the defendant, the deputy solicitor general said the Attorney General’s Department has no objection to granting bail to Dr. Shafi, as he is detained under Article 311 of the Penal Code Ordinance for causing “grievous hurt”, which is a bailable offence.
The defense attorney reiterated that it is unfair to imprison only Dr. Shafi as has not performed C-sections all by himself.
He further requested the court to grant bail to the defendant under any conditions as the CID and the Attorney General’s Department do not have objections against it.
However, the attorneys of the aggrieved party emphasized that the CID has not submitted any report to the court on the alleged illegal accumulation of assets by Dr. Shafi.
They raised objections for granting bail to the suspect citing that it could lead to pressurization of the mothers who have complained against him and have a negative effect on the ongoing investigations.
The magistrate has again asked for the opinion of the Attorney General on granting bail to the suspect and the deputy solicitor general responded that the Attorney General’s Department has no objections on the matter.
Accordingly, the Kurunegala magistrate decided to release Dr. Mohamed Shafi under bail conditions.
