The court has ordered the remand of Mr. Namal Rajapaksa, National Organizer of the Sri Lanka Podujana Peramuna and Member of Parliament, until the upcoming eighteenth day, in connection with an incident where he allegedly received a bribe of eight hundred thousand US dollars related to the controversial deal for purchasing Airbus aircraft for SriLankan Airlines. He was arrested and produced before the court after being summoned to give a statement to the Commission to Investigate Allegations of Bribery or Corruption, followed by a lengthy interrogation lasting nearly five hours.
According to the court order, Mr. Namal Rajapaksa, who was remanded for a period of fourteen days, has now been placed in a special cell at the Colombo Remand Prison by prison authorities. It is reported that senior prison officials made this decision after deeply considering the specific needs and circumstances that have arisen regarding the MP's security. Furthermore, internal prison sources confirm that approximately ten other detainees are being held in the same special cell where Mr. Namal Rajapaksa is detained.
This massive financial irregularity is based on a deal made in 2013 with a European company to purchase a new fleet of ten aircraft for SriLankan Airlines. An agreement was reached between France's Airbus company and Sri Lankan authorities with the aim of acquiring sixteen wide-body aircraft, and it was revealed in court that a discussion had taken place between the parties to receive two million US dollars as a bribe for each aircraft. Mr. Namal Rajapaksa has been named as the fourth suspect in the relevant case, while the late Kapila Chandrasena, former CEO of SriLankan Airlines, Shamindra Rajapaksa, son of former Minister Chamal Rajapaksa, and Priyanga Neomali, wife of Kapila Chandrasena, have been named as the other suspects.
Investigations have confirmed that the process of transferring these bribe monies was carried out very subtly through international banking systems and shell companies. Accordingly, joint investigations conducted by the Bribery Commission and the Criminal Investigation Department have confirmed that a massive bribe of Euro 1,454,645.54 was received from the well-known European civil aircraft company "European Aeronautic Defence and Space Company" through a shell company established in Brunei. In connection with this transaction, an amount of Euro 1,454,651.24 was credited as a bribe to an account named "B Z Solutions NC" maintained at Standard Chartered Bank in Singapore, and it was presented that this sole proprietorship company was registered under the name of Priyanga Neomali, the third suspect in the case.
Subsequently, the court heard how these financial assets were circulated to various accounts. Four hundred thousand Euros were sent to Commonwealth Bank accounts in Australia belonging to Mr. Kapila Chandrasena, and two hundred thousand US dollars were sent to another account. In addition, one hundred sixty thousand four hundred Euros were credited to Mr. Shamindra Rajapaksa's account through Priyanga Neomali's Singaporean company. The charge against Mr. Namal Rajapaksa stems from the deposit of 800,000 US dollars into an account maintained at OCBC Bank in Singapore under the name of "Sabre Vision Holdings," a company owned by W.W.D. Nimal Hemasiri Perera. He is accused of receiving a bribe of one hundred million Sri Lankan rupees, equivalent to that dollar amount, on several occasions during 2014 and 2015. Investigations have revealed that thirteen million rupees of the said amount were given to Mr. Namal Rajapaksa by cheque, and another six million rupees in cash.
Representing the Bribery Commission, Additional Solicitor General Janaka Bandara informed the court that Nimal Perera, who has been named as a key witness in this incident, has faced serious threats. He has been subjected to such influence after giving a confidential statement before a Magistrate under Section 127 of the Civil Procedure Code, and as a result, he has now moved to Australia, a fact he communicated to the Bribery Commission through an affidavit, the court was informed. The Additional Solicitor General emphasized that due to this situation, investigating officers of the Sri Lanka Police even had to travel to Australia to record statements from the witness.
The prosecution pointed out that this complex investigation is not limited to Sri Lanka alone but is a broad international investigation. Accordingly, investigations are being conducted through a virtual legal framework, covering Australia, France, Singapore, and the United States of America. Several representatives from the French Airbus company have already visited Sri Lanka and provided testimony, and four statements have been recorded from officials of that company. The court was also informed that other foreign countries have expressed their willingness to provide their full support for this investigation. The prosecution strongly argued that although bail could be granted under Section 149 of the Anti-Corruption Act, remand was essential because the investigations are in their final stage, and if the suspect were granted bail, there would be a clear risk of further severe influence on international and local witnesses. It was further emphasized that exceptional circumstances must be presented for bail to be granted when a certificate is submitted by a Commissioner of the Bribery Commission.
President's Counsel Sampath Mendis, appearing for the suspect Mr. Namal Rajapaksa, submitted that his client should be released on suitable bail conditions. He pointed out that remanding a suspect in this manner when investigations are not fully concluded is not appropriate according to the law. The President's Counsel strongly questioned the prosecution's arguments, stating that the Bribery Commission had based its arguments solely on the statements and affidavits provided by the witness named Nimal Perera. However, he argued that the evidence previously given by the said witness had been dismissed as false during investigations, and it was problematic how the testimony of such a rejected individual could now be accepted as true and reliable. The President's Counsel informed the court that remanding his client based solely on the statement of such a person was entirely erroneous. Furthermore, the lawyer confirmed that Mr. Namal Rajapaksa would not abscond from court as several other cases against him are pending in various courts, and he further requested that bail be granted to him in accordance with the provisions of the Bail Act.
After a lengthy consideration of all facts and legal arguments presented by both the prosecution and the defense, the Magistrate announced his decision. The Magistrate concluded that the investigations related to the incident are still ongoing, and the defense had not justified any exceptional circumstances or conditions sufficient to grant bail for the release of the suspect according to the law. Accordingly, based on the facts presented, the court finally ordered that the suspect, Mr. Namal Rajapaksa, be further remanded until the eighteenth day of the next month.