Bailed out

• Ranil is a national asset. Keeping him in remand without  medical treatment is nothing short of a sin,” President’s Counsel Tilak Marapana, appearing for the former President Wickremesinghe, said in court
• Your Honour, even Saman Ekanayake did not know, and the  British government was not aware of this trip. For an official state  visit, the cost would have been only Rs. 5 million, but for this  one-and-a-half-day tour, Rs. 16.6 million has been spent. We have to ask: is this a necessity, or is it misuse?” ASG Dileepa Peeris asked

By Bhagya Silva   

Former President Ranil Wickremesinghe was released on bail yesterday. Colombo Fort Magistrate Nilupuli Lankapura granted  bail with three sureties of Rs. 5 million each.   

He has been named as a suspect in connection with the  alleged misuse of government funds amounting to Rs. 16.6 million for a  private overseas tour undertaken by a group of ten.   

Appearing for the Attorney General’s Department, Additional  Solicitor General Dileepa Peeris raised serious concerns before court  regarding recent conduct surrounding the proceedings.   

He pointed out that during Friday’s hearing, a video of the  court order had been recorded and circulated on social media. He  further noted that while the suspect was inside the dock, photographs of  him were also taken and shared online.   

The ASG told court that soon after the order was delivered,  an organised group had spoken to the media outside, claiming that the  ruling was handed down from “Pelawatte.” He stressed that such actions  amounted to contempt of court. He also informed court that a YouTuber had announced even  before proceedings commenced that the suspect would be remanded, adding  that an investigation is underway into this incident.   

“No one can be allowed to insult or bring disrepute to  court,” ASG Peeris said. “Comments were even made outside, suggesting  that we are Anura’s contractors or aspiring to become the next Attorney  General. These kinds of remarks are unacceptable.” He further told court that the suspect had not spent even a  single hour in remand custody, and stressed that it was for the  Magistrate to decide on the matter, while a proper medical board should  also examine the suspect.   

And after that, ASG apologised to the court, “I apologise  for my delay in appearing. It was not I who intended to come today; I  was only instructed at the last moment to attend.”   

After that appearing for the Attorney General’s Department,  Additional Solicitor General (ASG) Dileepa Peeris informed court that  the legality of the invitation letter produced by the suspect had not  yet been established. He added that no confirmation had been received  either from the Presidential Secretariat or from the British High  Commission in Colombo regarding this document.  Referring to witness statements, the ASG told court that Sandra Perera had said she only went shopping on the relevant day and later  joined the trip as a casual outing after being given an allowance.  Another witness, Saman Ekanayake, had stated that he was unaware of the  matter and believed the trip was merely for the former President to take  a break.   

ASG Peeris further submitted that while the official state  visit to Cuba cost only Rs. 5 million, this one-and-a-half-day private  visit had cost Rs. 16.6 million. He also pointed out that although the  event had been reported in an Indian newspaper named Britz India, no  state media in Sri Lanka had been informed.   

“Your Honour, even Saman Ekanayake did not know, the  British government did not know about this trip. For an official state  visit, the cost was only Rs. 5 million, but for this one-and-a-half-day  tour, Rs. 16.6 million has been spent. We have to ask, is this a  necessity or is this misuse?” ASG said   

He further said, “We only received the relevant material on  Monday, and we worked hard to present all the facts before court. Yet  not a single state institution has confirmed knowledge of this so-called  official tour. When the suspect claims to be in hospital, the others go  to see him as if they were going on a “kE.ï”.”   

Opposing the bail application, ASG Peeris stressed that  exceptional circumstances must be clearly established in order for bail  to be granted.   

President’s Counsel Tilak Marapana appearing for the former President 

Counsel Tilak Marapana for the former President submitted that continuing this case was “a foolish exercise.”   

He stated that the former President had attended the  ceremony on the invitation of Lord Paul, a member of the British House  of Lords who had always stood firmly on behalf of Sri Lanka. Counsel  explained that the event was the 25th anniversary of Lord Paul serving  as Chancellor of the University of Wolverhampton, and it was to this  official ceremony that the former President had been invited.   

“It was at that event that my client received the honorary title,” counsel said. >>A2  

“In such a context, to create controversy about Sri Lanka  and to call it a misuse of public funds is not correct. To me, this is  laughable. Those who are genuinely helping our country would be  astonished by such an allegation. Lord Paul himself passed away just  days ago—ironically, soon after my client was taken into custody, Lord  Paul died of a heart attack. Whether that had anything to do with my  client being arrested after attending his function, I do not know.”   

Counsel further presented legal arguments to court, “Your  Honour, to compare the costs of the Cuba visit with those of the UK  visit is absurd. The Auditor General’s Report for the relevant year  contains no such findings. At COPA too, no such issue was revealed. In  such circumstances, an officer of the Presidential Secretariat has no  authority to carry out such an audit.   

My client is still engaged in public service. He has no  intention of absconding or hiding abroad in Dubai without appearing  before this court. He is now 76 years old. If Your Honour refuses bail,  we can go to higher courts, but by the time those cases conclude, 15  years will have passed. Is the intention to keep him in remand until  then? I do not believe he will even live that long.   

He further pointed out that all expenses incurred were  covered under the Presidential expenditure, and according to the audit  carried out by the National Audit Office, no irregularities or misuse of  funds had been revealed.   

“Ranil is a national asset. To keep him in remand without  medical treatment is nothing short of a sin,” counsel Marapana said.   

President’s Counsel Anuja Premaratne, appearing on behalf of former President   

President’s Counsel Anuja Premaratne, appearing on behalf of  former President Ranil Wickremesinghe, submitted that his client is in a  highly critical health condition. Counsel stated that,    There is myocardial necrosis (death of heart tissue), three  of the four main coronary arteries are blocked, with one artery being  100% blocked and located close to the heart muscle, making surgical  intervention impossible.   

Because of this condition, he requires CPAP-assisted  breathing while asleep, and if the machine malfunctions, “the heart could  stop,”   

He is also suffering from renal disease, severe diabetes,  an infection in the upper part of the pancreas, low sodium levels,  hypertension and pulmonary complications.   

Counsel emphasised that “due to all these conditions, his  immunity is severely compromised and without proper treatment, there is a  risk of a fatal heart attack.” He further submitted,   

“Although he suffers from so many illnesses, his body does  not externally show these conditions. In short, he is suffering from all  possible ailments. He is in an extremely dangerous situation and  requires close medical supervision. Therefore, we request that this be  considered as an exceptional circumstance and that bail be granted.”   

Additional Solicitor General Dileepa Peeris said against the medical reports,   

“According to what learned counsel says, this suspect “kj wkqjla úhdÈ ;sfhkjd” If that is so, how is it that, as counsel says,  so many politicians go to visit him? If he is really so sick, why did he  ask permission to travel to India?”   

ASG’s response   

The ASG went on to remark, “President’s Counsel Anuja says  his client does not count the number of illnesses. Then why is Anuja  counting them? Most of these medical reports were brought only yesterday,  and some are from private hospitals. How can the Court accept them?  Nowhere is it said that he cannot be treated at the National Hospital.  Besides, if all these illnesses were known, why was it not raised when  he was first remanded? Therefore, Your Honour, the Court must obtain a  proper medical report from state medical officers. Until then, he should  remain in remand custody. What was presented today does not amount to  any more ‘exceptional circumstance’ than what was already argued earlier,  only that counsel is now saying ‘the client is about to die.’”   

After hearing submissions from the two President’s  Counsels, the Magistrate granted time to a President’s counsel, Upul  Jayasuriya, to address the court.   

He stated that even police officers in the country are  provided with security. When government officials go jogging, security  personnel are assigned to protect them and no one questions that.   

He added, “does the President of the country not deserve  protection? Are security officers and medical staff unnecessary for him?  Clearly, there is no case here. This is merely a statement for  discussion purposes.” Counsel further explained that the President is accompanied  by a security team to protect him from potential threats, whether at  the national or international level. “The security cannot be  compromised”   

Magistrate’s Order  

After considering these submissions, the Magistrate stated  that a special circumstance had arisen in favour of the suspect and  accordingly granted him bail.   
The suspect was also ordered not to interfere with the investigations or exert any influence on witnesses.   

Why Ranil Wickremesinghe was granted bail 

A medical board comprising six specialist doctors from the  National Hospital informed court that the suspect’s present health  condition was serious and that he should be examined under a medical  review by such a board. The doctors further warned that failure to do so  could pose a risk to the suspect’s life.   

President’s Counsel Tilak Marapana, President’s Counsel  Anuja Premaratne, President’s Counsel Upul Jayasuriya, Senior Counsel  Gunaratne Wanninayaka, and Senior Counsel Athula Ranagala, Appeared for  Ranil Wickremesinghe.   

Additional Solicitor General Dileepa Peeris and Deputy Solicitor General Wasantha Perera, Appeared for the Attorney General.   

Further magisterial inquiry fixed for October 29.