COLOMBO (News 1st); A motion filed by President's Counsel Ali Sabry, seeking bail for Namal Rajapaksa on what he described as exceptional grounds in the Krrish case, in which allegations have been made regarding the acceptance of a Rs. 70 million bribe, was taken up before the Colombo Chief Magistrate's Court.During submissions, President's Counsel Ali Sabry informed court that the suspect's father, former President Mahinda Rajapaksa, and mother, Shiranthi Rajapaksa, are currently facing serious health challenges.Here's a translated extract of the submission made by President's Counsel Ali Sabry:"The suspect's father is currently suffering from recurring high blood pressure and depression and has been hospitalized for treatment before returning home. However, he now requires care and attention. Until now, that responsibility was carried out by the suspect's mother, Shiranthi Rajapaksa. However, she too is currently hospitalized due to a heart condition. The main artery supplying blood to her heart has become blocked. Doctors have identified a risk that the oxygen supply route to the heart could become completely obstructed. She has been advised to undergo an angiogram and two surgical procedures. One of those procedures has already been carried out, and she is presently in hospital with the assistance of a pacemaker. According to medical recommendations, she is scheduled to undergo open-heart surgery as her second operation at 4.00 p.m. today. It is a life-threatening procedure. After today's surgery, it cannot be said with certainty whether the suspect's mother will remain alive. She is no longer in a position to care for Mahinda Rajapaksa, and there is now a situation where she herself requires care. If bail is granted today, the suspect will be able to visit his mother. Today could even be the last day he sees his mother, Your Honour. He is the eldest son of Mahinda Rajapaksa and Shiranthi Rajapaksa. They lived in the same household. Remanding a suspect should not operate as a punishment."Appearing on behalf of the Commission to Investigate Allegations of Bribery or Corruption, Assistant Director Legal Thanuja Bandara stated that she had not been informed of the motion beforehand.She further told court that she became aware of the application only after arriving at court for another matter.Here's a translated extract of the submission made by CIABOC Assistant Director of Legal Thanuja Bandara:"The complainant requires time to make lengthy written submissions in response to the facts presented today on behalf of the suspect. Under the Anti-Corruption Act, and based on the certificate submitted by the Director General of the Bribery Commission, the suspect must remain in remand custody until investigations are completed. Bail cannot be granted unless exceptional circumstances are established. The certificate submitted against the suspect under Section 149 of the Anti-Corruption Act cannot be challenged."Responding to those submissions, President's Counsel Ali Sabry argued that the matters presented before court constituted the exceptional circumstances required for bail.Here's a translated extract of the submission made by President's Counsel Ali Sabry:"Your Honour, we have not challenged the certificate submitted under Section 149 of the Anti-Corruption Act today. We made no submissions on that issue. We will challenge it at the appropriate stage if necessary. The matters placed before court today relate solely to the exceptional circumstances that have now arisen in support of the suspect's bail application."After considering the submissions made by both parties, the Magistrate directed the complainant to inform court tomorrow of its position regarding the suspect's bail application.Here's a translated extract of the statement made by Asanga S. Bodaragama, the Colombo Chief Magistrate:"A lengthy bail application had previously been filed on behalf of the suspect. However, the matters raised today were not included in that application. Therefore, this court has the authority to determine whether these facts amount to exceptional circumstances warranting bail. Nevertheless, it is necessary to hear the complainant's position on this matter as well. Accordingly, the complainant must inform court of its position tomorrow, after which I will make an appropriate order regarding the bail application."The motion is scheduled to be taken up again tomorrow.In relation to the same case, Namal Rajapaksa and former Krrish Company Director Janaki Siriwardena remain in remand custody until November 6.
