Former Minister Dr Rajitha Senaratne who was arrested in connection with the controversial white van press conference, was today further remanded till June 10 by Colombo Additional Magistrate Priyantha Liyanage.
When the case was taken up for hearing, Deputy Solicitor General Dileepa Peiris appearing on behalf of the Attorney General's Department informed court that the Attorney General will file indictments before the Colombo High Court against former MP Senaratne.
Colombo Chief Magistrate Lanka Jayarathna today decided to transfer the case pertaining to the bail applications filed by former Minister Dr. Rajitha Senaratne to another court.
The decision was taken based on a request made by the Deputy Solicitor General Dileepa Peiris when the case was taken up for hearing this morning.
President’s Counsel Anil Silva appeared on behalf of former MP Rajitha Senaratne asked to make bail application on behalf of his client. In reply, Deputy Solicitor General Dileepa Peiris appearing on behalf of the prosecution requested the Chief Magistrate to move the bail application to a separate judge considering the events of the past related to the case. Accordingly, the case was referred to Colombo Additional Magistrate Priyantha Liyanage.
Responding to the request made by the DSG Peiris, President’s Counsel Anil Silva appearing on behalf of the former MP Rajitha Senaratne informed the court that they have no objection towards the request made by the Prosecution.
Deputy Solicitor General Dileepa Peiris pointed out that the request was made, for the bail application to be made in the presence of a judge with an independent mindset.
In reply, the Colombo Chief Magistrate Lanka Jayaratne observed that judges are capable of making decisions with an independent mindset.
When the matter was taken up before the Colombo Additional Magistrate Priyantha Liyanage, DSG Dileepa Peiris former Minister Rajitha Senaratne was arrested in connection with organizing the white van press conference on November 10 ahead of the Presidential election. He was later released on bail by Colombo Chief Magistrate.
The DSG Peiris further pointed out that former State Pharmaceuticals Corporation Chairman Mohommed Rumi Mohommed Azeem and two other individuals, namely Sakalawalli Arachchige Sarath Kumara and Athula Sanjeewa Madanayake, who had allegedly been involved in the incident, were also released on bail subsequently.
DSG Dileepa Peiris further stated that the Attorney General had filed this revision application challenging Colombo Chief Magistrate’s Court order dated December 30, 2019 to grant bail to former Parliamentarian Rajitha Senaratne.
“Delivering the judgment in respect of the revision application filed by Attorney General challenging Chief Magistrate's bail order, the Colombo High Court Judge Manjula Tilakaratne held that the Colombo Chief Magistrate's order was erroneous and bad in law. The judgment was made on May 13. The High Court Judge observed that prior to making the bail order; the Chief Magistrate should have made an order calling for a medical report from the Colombo Judicial Medical Officer pertaining to the health condition of former Minister Senaratne. The High Court Judge also observed that according to the provisions of Prison Ordinance, a remanded suspect could be admitted to the Prison Hospital or another hospital run under government's supervision following the recommendation of a Judicial Medical Officer”, DSG Dileepa Peiris further added.
DSG Dileepa Peiris also stated that they had asked the Magistrate to call for a medical report from the Colombo Judicial Medical Officer pertaining to the health condition of the suspect Senaratne on December 30, 2019. However, the Magistrate had not issued any order pertaining to the request made by the prosecution on that day.
President’s Counsel Anil Silva pointed out that his client had undergone open heart surgery on 26 February 2016 in Singapore. The President’s Counsel pleaded his client be granted on bail.
Deputy Solicitor General Dileepa Peiris raised objections towards the bail application made by the defense counsel. DSG Dileepa Peiris said that the counsel representing the defense was trying to continue forum shopping between different courts.
Explaining the meaning of 'forum shopping' DSG said that it is a colloquial term for the practice of litigants having their legal case heard in the court thought most likely to provide a favourable judgment. However, recording his objections, Anil Silva PC said that it was his client's right to appeal for another Court if his client was not satisfied with the lower court order.
The DSG Dileepa Peiris also highlighted that the suspect had filed an appeal before Court of Appeal challenging the judgment of Colombo High Court. Through this application, the suspect is seeking Court of Appeal jurisdiction to release him on bail.
The suspect Rajitha Senaratne did not appear before the court. The suspect was taken to the Pallansena Isolation Centre for quarantine purposes due to the prevailing Covid 19 pandemic.
After considering all the facts submitted by the both parties, the Additional Magistrate stated that he requires some time to observe the facts before making an order. The Magistrate fixed further inquiries for June 10.
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