The argument presented by the defense in court today (13) for the bail of Member of Parliament Namal Rajapaksa, who is currently in remand custody accused of accepting bribes in the Airbus aircraft purchase deal, regarding the 'ailing health of his parents' was rejected by the court due to the lack of confirmation through medical reports. Accordingly, Colombo Chief Magistrate Asanga S.
Bodaragama ordered that the MP be further remanded until the 27th of this month.Lawyers appearing for Mr. Namal Rajapaksa informed the court that his father, former President Mahinda Rajapaksa, is currently receiving treatment at a private hospital, and his mother, Mrs. Shiranthi Rajapaksa, is receiving treatment at the Colombo National Hospital, both simultaneously. They requested the court to consider the fact that both the suspect's mother and father are hospitalized at the same time as a special circumstance for granting bail.
However, the Chief Magistrate, responding to this, pointed out that although he too had seen media reports regarding the parents' ailing health, it is not possible to legally conclude that a medical condition has been confirmed based solely on media reports. He emphasized that medical reports should have been submitted to the court for this purpose, but since no medical evidence regarding the mother's health condition was presented either when the case was previously called or today, it cannot be accepted as a special circumstance.
In addition to this, the defense lawyers pointed out that the completion of investigations was another special circumstance for granting bail, but this was also not accepted by the Magistrate. The Magistrate explained that while the completion of investigations is considered a special circumstance in other cases due to the lengthy time taken for investigations, in this case, the prosecution had very swiftly completed the investigations and prepared the indictments, which is a clear difference.
Deputy Solicitor General Janaka Bandara, appearing for the Bribery Commission, informed the court that indictments against Mr. Namal Rajapaksa under the Bribery Act and the Prevention of Money Laundering Act have now been drafted and finalized. He also stated that, in accordance with the provisions of the Judicature Act, a request would be made to the Chief Justice today or tomorrow to file a case against him before a three-judge High Court panel.
The Deputy Solicitor General, stating that today might be the last day Mr. Namal Rajapaksa is presented before the Magistrate's Court due to these legal steps, argued that bail cannot be granted solely based on the completion of investigations, as provisions exist to keep the suspect in custody until the trial concludes.
Meanwhile, it was also informed today that Biz Solutions Company would be named as the fifth suspect in this case.
After considering all facts, the Magistrate gave a special directive to the prosecution, pointing out that the filing of indictments in a case where investigations have been completed should not be further delayed. The Chief Magistrate emphasized that it is not appropriate for a suspect to be deprived of the opportunity to apply for bail, either in the Magistrate's Court or before the three-judge High Court panel where the case is scheduled to be heard in the future, and ordered that steps be taken to swiftly file the indictments prepared regarding the Airbus deal.