The Colombo Magistrate’s Court has ordered that its decision on the bail application filed on behalf of Parliamentarian Namal Rajapaksa, who is currently in remand custody over an alleged Rs. 100 million bribery case, will be delivered on September 29.
When the case was taken up for hearing today (18), Chief Magistrate Asanga S. Bodaragama further remanded Namal Rajapaksa until September 29.
The Magistrate directed the defence to file written submissions by September 22, while the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) was ordered to submit its written submissions by September 25.
When the case was taken up earlier today, Deputy Solicitor General Janaka Bandara, appearing for CIABOC, told court that Namal Rajapaksa had also been produced before the Colombo Fort Magistrate’s Court in connection with a separate case under the Prevention of Money Laundering Act.
He said the investigation involves both bribery and money-laundering allegations and is being conducted jointly by CIABOC and the Criminal Investigation Department (CID). He added that, under the Anti-Corruption Act, CIABOC can obtain the assistance of the Attorney General in such investigations.
The Deputy Solicitor General further informed court that CIABOC had recorded a statement from former Speaker Chamal Rajapaksa regarding the holding of a SriLankan Airlines board meeting at the Speaker’s official residence and the overseas whereabouts of another suspect, Shamindra Rajapaksa.
Statements had also been recorded from two other individuals, identified as Susanta Chaminda Ratnayake and Dimuthu Sanjaya, court was told.
According to the prosecution, the investigation dates back to 2012. The first suspect, Kapila Chandrasena, has since died, while the second suspect, Priyanka Neomali Wijenayake, is reported to have fled to Australia and the third suspect, Shamindra Rajapaksa, to the United States.
The prosecution also told court that photographs involving Namal Rajapaksa and a witness identified as Nimal Perera had been obtained and were being examined as part of further investigations.
Deputy Solicitor General Bandara said CIABOC’s Director General had submitted a certificate under Section 149 of the Anti-Corruption Act. He argued that, where such a certificate has been submitted, bail could only be granted if exceptional circumstances are established.
He also informed court that steps had been taken through Interpol to obtain a Red Notice concerning Shamindra Rajapaksa, while action was being taken to obtain a similar notice concerning Priyanka Neomali Wijenayake.
He said the CID had submitted investigation files to the Attorney General’s Department and that authorities were studying the material with a view to completing the investigation and filing indictments against the suspects.
Defence Arguments
President’s Counsel Shavindra Fernando, appearing for MP Namal Rajapaksa, argued that exceptional circumstances had arisen since the court previously rejected the bail application.
He referred to an international investigation into the Airbus transaction, arguing that Rajapaksa’s name does not appear in the relevant report.
The defence also challenged the reliability of statements attributed to Nimal Perera, claiming that Perera had previously stated that the money in question had not been deposited into his account and that the CID had, on an earlier occasion, raised concerns regarding statements he had made.
Counsel further submitted that Namal Rajapaksa had received an invitation from the Indian government to visit India, but that the visit would have to be cancelled because he remains in remand custody.
The defence also cited an invitation for Namal Rajapaksa to participate in a religious ceremony connected to the installation of a pinnacle at a temple in Hanguranketha, scheduled for September 26, arguing that his continued detention would prevent him from attending.
The President’s Counsel asked the court to consider these circumstances as exceptional and grant bail.
Prosecution Response
Deputy Solicitor General Janaka Bandara rejected the defence submissions, arguing that the credibility of Nimal Perera could only be determined at a trial and could not be decided at the present stage.
He also argued that the planned visit to India and the religious ceremony did not constitute exceptional circumstances warranting bail.
The Deputy Solicitor General further referred to a separate investigation known as the “Weligama Bay” case, claiming that more than Rs. 175 million in suspicious funds had been identified in transactions involving Nimal Perera’s account.
After considering submissions from both sides, Chief Magistrate Asanga S. Bodaragama ordered that MP Namal Rajapaksa remain in remand custody.
The court will deliver its order on the bail application on September 29.
