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May 20 hearing again in case against Basil and 3 others
The case against former Economic Development Minister Basil Rajapaksa and three others will be taken up on May 20 after the Financial Crimes Investigation Division (FCID) consults the Attorney General on submissions made so far. Accordingly Mr. Rajapaksa and three others were remanded till May 20 by Kaduwela Magistrate Dhammika Hemapala when the case for the alleged misappropriation of millions of rupees from the Divineguma Fund was taken up for hearing this week.
Basil Rajapaksa arriving at the court premises in a prison ambulance. Pic by Indika Handuwala
The three officials who were also remanded are R.A.K. Ranawaka, former Director-General of Divi Neguma, Dr. Nihal Jayathilaka, former Secretary, Ministry of Economic Development and its former Bank Director P.B. Thilakasiri. Mr. Rajapaksa arrived at the court premises in a prison ambulance and he remained in it till court proceedings ended four hours later.
At the commencements of the court proceedings, officials representing the Financial Crimes Division produced a report of investigations so far. Police Inspector S.A. Ratnayeka of the FCID told court that money from the Divi Neguma banking network had been used to pay former workers of Divi Neguma and the payments had been made on the verbal instructions of Mr. Rajapaksa.
The Director General of Divi Neguma has told investigating officers he acted in accordance with the former minister’s wishes. Inspector Ratnayake said granting bail to the suspects at this point will hamper investigations and hence moved court to further remand them. Anil Silva PC, Counsel for Basil Rajapaksa with a group of other lawyers said that these investigations are illegal and accused the new regime of giving bail only to those favored by it.Jayantha Weerasinghe, PC who also represented Mr. Rajapaksa said that the Public Property Act is being used these days as an excuse to remand anyone to get them out of the scene.
Counsel also said that if the Rs.90 million concerned, had not been paid at that time, would now have increased to billions. He said that his client has been remanded only for acting according to the Divi Neguma’s programme to eradicate poverty. He moved a bail plea on behalf of his client. Bail pleas were also forwarded on behalf of the other three suspects.
Assistant Superintendent of Police A.S. Senarathna of the FCID asked for copies of pleas for bail, for them to be forwarded to the Attorney General. He appealed for a date to be fixed to present objections to the court after obtaining advice from the Attorney General. Lawyer Weerasinghe objected to this, saying that giving the accusing party a date is unfair to the suspects. He stressed that it is wrong to take time in producing facts to court ‘when people are suffering in remand.’ Counsel for Mr. Rajapaksa urged that the decision on bail be given at the next hearing.
In written submission to court, lawyers for the suspects denied allegations that approval of the Treasury had not been obtained to carry out the activities of the Divineguma Fund and the payments that were made to the Divi Neguma recipients were done in keeping with the government’s objective of eradicating poverty.
The Magistrate asked FCID officials how long it would take to obtain advice from the Attorney General to which he was told it will take at least two weeks.
FCID officials were asked to present objections to grant bail when the case is taken up again on May 20.