Sri Lanka Podujana Peramuna (SLPP) Parliamentarian Namal Rajapaksa was further remanded today (29) in two separate cases involving alleged bribery linked to the Krrish property transaction and the 2013 Airbus deal.
The Colombo Chief Magistrate’s Court remanded MP Rajapaksa until October 6 in the Krrish case and until October 13 in the Airbus case.
Court also rejected a bail application filed on his behalf in the Airbus proceedings.
The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) presented further details to court concerning its investigations into both matters, Ada Derana reporter said.
Krrish case: alleged Rs. 70 million payment
MP Namal Rajapaksa has been named the fourth suspect in the Krrish case, in which CIABOC alleges that he received Rs. 70 million as a bribe in connection with efforts to facilitate the transfer and development of the Urban Development Authority-owned Transworks Square property in Colombo Fort for Krrish Transworks Colombo (Pvt) Ltd.
Rajapaksa was named as a suspect in the case on September 28, while he was already in remand custody in connection with the Airbus-related proceedings.
CIABOC Assistant Director of Legal Affairs Ama Wijesinghe told court that the alleged Rs. 70 million payment had been made to facilitate the rapid allocation of the property to the Krrish company.
According to the commission's submissions, the payment was allegedly made through Nimal Perera, who investigators say acted with MP Rajapaksa's knowledge and consent. CIABOC further alleged that Rajapaksa himself had checked whether the money had been received.
The Bribery Commission told court that government institutions appeared to have processed aspects of the transaction at an unusually rapid pace. It alleged, for example, that the Board of Investment had approved relevant documents within a single day.
CIABOC also told the court that the Central Bank of Sri Lanka (CBSL) had invested approximately Rs. 150 million in relation to the property and alleged that this was disregarded when the land was subsequently made available through the Urban Development Authority.
India allegedly flags funds used for Krrish project
A significant development raised by CIABOC was the existence of a Mutual Legal Assistance (MLA) communication from the Indian authorities relating to the joint investigation into the transaction.
According to CIABOC's submission, the communication is currently in the possession of the Criminal Investigation Department (CID).
The commission told court that the Indian authorities had indicated in the communication that funds described as illicit money had been used in connection with the Krrish building project.
Rajapaksa's family connections raised in court
During its submissions, CIABOC also referred to senior government positions held by members of the Rajapaksa family at the time of the disputed transaction.
The commission pointed out that Basil Rajapaksa, described in court as a relative of Namal Rajapaksa, was serving as Chairman of the Board of Investment during the relevant period.
It also referred to Gotabaya Rajapaksa, who was then serving as Secretary to the Ministry of Defence, which had responsibilities connected to the relevant government structures.
CIABOC further noted that Mahinda Rajapaksa, Namal Rajapaksa's father, was President of Sri Lanka and headed the Cabinet at the time.
The commission presented these circumstances as relevant to what it described as relationships surrounding the transaction.
The defence disputes the prosecution's case, and the existence of family or official connections does not itself establish criminal liability.
CIABOC told court that it expected to move toward filing indictments in connection with the investigation.
Bail challenge in Krrish case
Following the prosecution's submissions, President's Counsel Ali Sabry, appearing for MP Rajapaksa, sought bail.
He argued that the case against his client had been initiated under the former Bribery Act, while the certificate relied upon by the prosecution had been issued under Section 149 of the newer Anti-Corruption Act.
Sabry argued that a certificate issued under the new legislation could not legally support proceedings based on an offence charged under the former law.
He also questioned the chronology of the proceedings, pointing out that, according to the defence, the certificate had been filed on September 18 while MP Namal Rajapaksa had only been named as a suspect in the Krrish case on September 28.
The defence questioned how the certificate could have been filed before MP Rajapaksa was formally identified as a suspect and challenged the legality of the prosecution's approach.
The court did not determine those arguments during today's hearing. Instead, the Chief Magistrate directed the defence to make its bail application, both orally and in writing, when the case is taken up on October 6.
MP Rajapaksa was accordingly remanded until that date in relation to the Krrish proceedings.
Airbus case: bail application rejected
The court also dealt with the separate case concerning the 2013 Airbus aircraft transaction involving SriLankan Airlines.
MP Namal Rajapaksa is accused in proceedings relating to an alleged US$2 million bribe connected with the Airbus transaction. The prosecution alleges that Rs. 100 million from the alleged bribe amount was received by MP Rajapaksa.
When the case was called, Rajapaksa, who was already in custody, was produced before the court by prison officials.
Colombo Chief Magistrate Asanga S. Bodaragama rejected a written bail application submitted on MP Rajapaksa's behalf, stating that no exceptional circumstances had been presented that would justify granting bail.
The court therefore ordered that Rajapaksa remain in remand custody until October 13 in connection with the Airbus case.
Investigations into Airbus case said to be complete
Deputy Solicitor General Janaka Bandara, appearing for CIABOC, told court that investigations into the alleged Airbus bribery transaction had been completed.
He said CIABOC's investigation under the Bribery Act and the CID's investigation into alleged money laundering connected to the transaction had both been completed.
According to the prosecution, the Attorney General is expected to consider filing a single indictment covering the bribery and money-laundering allegations.
The defence subsequently asked the court to allow a fresh written bail application, arguing that the prosecution's statement that investigations had reached their final stage constituted a significant change in circumstances.
The Chief Magistrate noted that the defence had previously relied on the claim that the investigations were nearing completion when seeking bail. He advised the lawyers to study the written order and, if necessary, submit a fresh bail application.
Rajapaksa remains in custody in multiple proceedings
With today's orders, MP Namal Rajapaksa remains in remand custody in connection with the Airbus-related proceedings as well as the newly added Krrish case.
The Krrish case concerns allegations surrounding the development of the Colombo Fort Transworks Square property and an alleged Rs. 70 million payment to Rajapaksa. The Airbus proceedings concern allegations connected to the procurement of aircraft for SriLankan Airlines and a separate money-laundering investigation arising from the same transaction.
MP Rajapaksa has denied wrongdoing, while his lawyers have challenged the prosecution's legal basis and sought his release on bail.
