By Binoy Suriyaarachchi
Counsel Upul Jayasuriya, appearing on behalf of the second accused, who was charged over harbouring army deserters,’ smashed the Attorney General’s Department policy for granting approval to the accused to go abroad for medical treatment.
Jayasuriya made this observation while filing an application to obtain approval for his client, Senaka de Silva, to go abroad to receive medical treatment at the Queen Elizabeth Hospital in Singapore, when the case was taken up for hearing before Colombo High Court Judge, Sunil Rajapaksa.
Jayasuriya said his client required to be admitted at the Elizabeth Hospital due to his medical condition, therefore, he asked permission from Judge Rajapaksa to provide Silva’s passport in order to take further measures to send him to the hospital in Singapore.
Senior State Counsel Damith Totawatte, appearing on behalf of the prosecution, refused Jayasuriya’s request and said the accused party has not been submitted related documents to the AG’s Department. He also said that as a preliminary step, it is required to be determined whether the accused can receive medical treatment without leaving country or not, before granting approval to send him abroad.
In answer, Jayasuriya replied, the AG Department’s proceeding of providing approvals when sending accused people abroad for medical treatments is ridiculous.
Totawatte said the accused has been granted bail from the Court of Appeal and therefore, according to the bail terms and conditions, the passport could not be given.
Meanwhile, counsel Rukshan Nanayakkara appearing on behalf of former Army Chief Sarath Fonseka said Fonsekas’s main Counsel Sariya Peiris could not report to the Court for today’s hearing due to some personal matters.
After considering the submissions made by the counsels, Jude Rajapaksa fixed the trial of the case for 26 June and noted that the verdict regarding whether the second accused would be granted permission to go abroad or not will be issued on the same date.
Fonseka and his personal assistant pleaded not guilty to 41 charges including charges of mutiny and insubordination before the Colombo High Court previously.
The Attorney General indicted the two accused with 41 charges that also included charges of mutiny and insubordination and harbouring army deserters during the last Presidential Election.
Senior Counsel Rukshan Nanayakkara appeared for the former Army Chief.
Senior State Counsel Damith Totawatte appeared for the prosecution.
