Bribery Commission defends probe following arrest of specialist doctor

By Bhagya Silva   

Following the recent arrest of specialist neurosurgeon Dr. Maheshi Wijerathna, the Bribery Commission has strongly defended its investigation, rejecting allegations of bias and media sensationalism.   

Appearing on behalf of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Deputy Director General Anusha Sammandapperuma yesterday informed the Colombo Chief Magistrate, “We are not driven by media attention or social popularity. This investigation is based on facts and evidence. This is not merely a case of financial fraud involving equipment, it is a grave matter that endangered innocent lives.”   

“We are being falsely accused of conducting this investigation in a biased manner against a professional. That is not the case.”

She further emphasized that the Bribery Commission’s efforts have been misrepresented: “We are being falsely accused of conducting this investigation in a biased manner against a professional. That is not the case.”   

“While earlier disclosures linked the sale of the devices through an institution named N.M.N., our investigations have now revealed that another private company named ‘Heelis’ was also used to channel these transactions. Testimonies from patients have confirmed that this alternative route was also involved,” Sammandapperuma said.   

Appearing on behalf of the suspect, President’s Counsel Saliya Peiris told the court that his client, specialist neurosurgeon Dr. Maheshi Wijerathna, has been held in remand custody for 29 days.   

“Your Honour, the Bribery Commission has mentioned that certain witnesses have provided sworn statements. At this stage, the court is not in a position to determine the accuracy of those statements. It is only during a trial when witnesses are cross-examined that the truthfulness or falsity of such statements can be properly assessed. We also know how these statements are obtained. Witnesses are told that if they do not give a sworn statement, they will be made suspects and remanded. That is the pressure used by the Commission to extract statements,” Peiris told.   

He further told the court that the Commission had clearly stated it was not investigating professional ethics. “Then how did they publicly claim my client had performed surgeries on brain-dead patients? How did they allege that over 70 percent of her patients had died? These claims were clearly made to draw media attention not to uncover the truth, but to play to the gallery. The Commission is manufacturing a populist narrative to keep my client continuously remanded,” he told.   

This investigation is based on facts and evidence. This is not merely a case of financial fraud involving equipment, it is a grave matter that endangered innocent lives.” 

In this case, there is no public outcry. What we are seeing is an artificially created wave on social media. That cannot be the basis for judicial action. The Bribery Commission is now bringing people in batches to court just to remand them. This conduct will eventually erode public confidence in the rule of law if not today, very soon. And when that happens, even the Commission’s own officers will be affected,” he also added.   

Taking into consideration the submissions made, the Magistrate stated that there was no longer sufficient evidence to justify continued remand and ordered the release of the suspect specialist neurosurgeon Dr. Maheshi Wijerathna on bail. The case is scheduled to be taken up again on October 28.   

Colombo Chief Magistrate Thanuja Lakmali Jayatunga granted bail to the suspect, with a cash bail of Rs. 50,000 and three sureties of Rs. 5 million each. She was also prohibited from entering the premises of the Sri Jayewardenepura General Hospital.