The Special Three-Judge High Court yesterday (16) ordered the release of 12 defendants including former Health Minister Keheliya Rambukwella on bail in connection with the fake medicine deal.
This was on a cash bail of Rs. 500,000 each and two personal bails of Rs. 500,000 each.
The Attorney General handed over the indictment against the suspects in connection with the incident today.
This is in connection with the conspiracy to embezzle Rs. 1.444 million of the Sri Lankan government funds by supplying 6,195 vials of non-medicinal substances disguised as human immunoglobulin and Ritopsimap to the Medical Supplies Division of the Ministry of Health and the criminal misappropriation of that money.
The case was heard by a three-member High Court bench of Justices Mahen Weeraman, Amali Ranaweera and Pradeep Abeyratne.
In addition to former Health Minister Keheliya Rambukwella, the owner of the pharmaceutical company in question, Sudath Janaka Fernando, former Director of the Medical Supplies Division Dr. Kapila Wickramanayake, Assistant Director of the Medical Supplies Division Shanthini Solomon, Accountant of the Medical Supplies Division Neran Dhananjaya, Stock Controller of the Medical Supplies Division Sujith Kumara, and former Secretary to the Ministry of Health Janaka Sri Chandragupta are among the defendants.
In addition, Deputy Director General of the Medical Supply Unit Dr. Herath Mudiyanselage Dharmasiri Ratnakumara Herath, member of the Procurement Committee of the Emergency Procurement Process Dr. Jayanath Buthpitiya, Additional Secretary to the Ministry of Health Dr. Saman Ratnayake, Director of the Medical Supply Unit Dr. Arambegedara Thusitha Sudarshana and former Chairman of the Drug Regulatory Authority Vijith Gunasekara have also been named as defendants in this case.
Officers of the Criminal Investigation Department brought the documents related to this case in a small lorry.
The first defendant in the case, Sudath Janaka Fernando, who is in remand, was produced before the court by prison officers.
The 9th accused in the case, Dr. Jayanath Buthpitiya, who worked in the Medical Supply Division, did not appear in open court and his lawyer stated that the accused was abroad.
Accordingly, the indictments were handed over to the remaining 11 suspects in open court.
While handing over the indictments, Deputy Solicitor General Lakmini Girihagama informed that the Attorney General was opposed to granting bail to the accused.
The panel of lawyers, including President’s Counsel Anuja Premaratne, Nalin Ladduwahetti, Priyantha Navana and Sarath Jayamanne, appearing for the accused, made separate bail applications on behalf of the accused.
The lawyers said that there was no need to re-imprison the defendants at this time as they were granted bail after considering special circumstances in the Magistrate’s Court.
Deputy Solicitor General Lakmini Girihagama stated that it was essential to hold a fair trial since the Attorney General represents the public and the victim.
She pointed out that the facts presented by the defendants before the Magistrate’s Court to obtain bail were not valid today.
High Court Judge Pradeep Abeyratne asked whether it would be practical to hold the trial with the defendants in prison.
Responding to this, Lakmini Girihagama said that this was not the only case with such a large number of documents.
She argued that the amount of documents in the case was not a special circumstance for granting bail to the defendants.
The bench, which then adjourned the court proceedings for 10 minutes, later announced the decision and ordered that the 12 defendants be released on bail.
The first defendant, Sudath Janaka Fernando, the owner of the pharmaceutical company in question, was released on bail today after being remanded for a period of one year, 8 months and 10 days. The bench ordered that he be released after fulfilling all bail conditions.
The case is scheduled to be heard again on October 31st.