-By LeN Judicial Report Service
(Lanka-e-News -12.Sep.2024, 11.30 pm) Former Health Minister Keheliya Rambukwella, who was in remand custody over a scam involving the administration of contaminated immunoglobulin instead of the correct immunoglobulin vaccine to patients, along with former Deputy Director of the Ministry of Health Rathnakumara Herath and former CEO of the National Medicines Regulatory Authority Dr. Wijith Gunasekara, were ordered to be released on bail yesterday (11) by Maligakanda Magistrate Lochana Abeywickrama.
The magistrate stated that the decision was made based on a report from a specialist medical board regarding the health conditions of the suspects. The decision was justified by extraordinary reasons, including claims that the suspects were under mental stress and facing severe psychological issues. The report also noted a risk of the suspects committing suicide and worsening heart conditions, which contributed to the decision to grant bail. Additionally, it was considered that the suspects had already spent seven months in remand custody.
However, Deputy Solicitor General Lakmini Girihagama, representing the Attorney General's Department, opposed the bail decision. She pointed out that the medical reports presented were from 2019 and referred to potential health issues over the next ten years. She argued that further investigations were needed to obtain a current and accurate report on Keheliya's health condition, but the magistrate did not take this into consideration.
As a result, the bail conditions included a cash bail of 100,000 rupees and two surety bails worth 5 million rupees. Additionally, a travel ban was imposed, prohibiting the suspects from leaving the country without court approval.
Despite this, the release of Keheliya and the others on bail, who were accused of conspiracy to commit manslaughter by administering faulty vaccines, has caused significant outrage within legal circles and among the victims.
- The value of the fraud committed by Keheliya’s group is 1 billion rupees, and yet the bail amount was set at a mere 100,000 rupees cash bail and two surety bails of 5 million rupees, which is considered grossly insufficient.
- The second reason for granting bail was the claim that the suspects were under mental stress, posing a risk of suicide.
- It would only be surprising if Keheliya's group didn't experience mental stress after the exposure of their corrupt acts. It's also not surprising that they might contemplate suicide. The question is whether other remand prisoners, if they claimed to have suicidal thoughts, would also be granted bail by the magistrate. Or has Magistrate Lochana Abeywickrama set a bad precedent?
- What kind of court accepts medical reports that are five years old? No government or private institution would accept such outdated medical reports.
- The medical board that presented these reports was appointed by the Director-General of Health Services, who was appointed by Keheliya's government. Even this medical board recommended further tests to determine Keheliya's actual health condition, yet the magistrate ignored this.
- If Keheliya and the others, who committed such crimes, were granted bail after spending only seven months in remand, why is the same consideration not extended to other remand prisoners who have committed minor offenses and have been in custody for years?
- Keheliya seemed desperate to secure bail before the upcoming presidential election, knowing that he might lose. This is why he approached the Court of Appeal for bail. The next hearing in the case was scheduled after the election. What was the urgency for Magistrate Lochana Abeywickrama to grant bail to Keheliya before the Appeal Court’s decision? Was it due to undue pressure?
- Even though a travel ban was imposed, prohibiting the suspects from leaving the country without court approval, what guarantee is there that Lochana Abeywickrama will not grant permission for Keheliya to leave the country for medical treatment in Singapore's Mount Elizabeth Hospital, especially considering that she accepted medical reports that were five years old?
While the law is supposed to be applied equally to everyone, the public knows that this is not the case, with one set of laws for the powerful and another for the weak. As the country continues to hear promises of equal justice from election platforms, there is intense curiosity among the public about the urgency of Magistrate Lochana Abeywickrama to release Keheliya on bail before the presidential election.
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by (2024-09-12 18:33:36)
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