Statements already recorded from Harin Fernando, Prasanna Ranatunga and former Health Minister Ramesh Pathirana By Namini Wijedasa   The Criminal Investigation Department (CID) has started recording statements from former ministers who were part of the Cabinet that approved medical imports bypassing regulatory oversight. This is pursuant to a Supreme Court (SC) order instructing the police to [...]

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CID begins questioning several former ministers over medical imports bypassing regulatory oversight

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  • Statements already recorded from Harin Fernando, Prasanna Ranatunga and former Health Minister Ramesh Pathirana

By Namini Wijedasa  

The Criminal Investigation Department (CID) has started recording statements from former ministers who were part of the Cabinet that approved medical imports bypassing regulatory oversight. This is pursuant to a Supreme Court (SC) order instructing the police to expand their investigation to cover questionable procurements outside of the falsified human immunoglobulin purchase.

Among these ministers are Harin Fernando, Prasanna Ranatunga and former Health Minister Ramesh Pathirana. At least 18 former Cabinet members, including former President Ranil Wickremesinghe and former Prime Minister Dinesh Gunawardena are expected to be questioned.

This month, the SC granted leave to proceed in a fundamental rights petition filed by Transparency International Sri Lanka, underscoring the serious and significant impact on the health sector and general public from controversial medical procurements, including immunoglobulin. The three-judge bench comprised Justices S. Thurairaja, PC, Yasantha Kodagoda, PC, and Mahinda Samayawardhena.

The SC granted several interim orders, including one directing the CID to expand the scope of its ongoing criminal investigation and to submit a comprehensive report of its findings to Court and to the Attorney General (AG) within six months. The AG was instructed to guide the CID with regards to the conduct of this probe, to ensure it is conducted comprehensively and in terms of the law.

“Following the completion of the investigation, the Attorney General shall consider the institution of criminal proceedings against perpetrators of the offences,” the orders state.

Additionally, the National Procurement Commission (NPC) was directed to develop forthwith and not later than six weeks from the date of the order, a set of guidelines under which waivers of registration solely and strictly shall be granted by the National Medicines Regulatory Authority (NMRA). The NPC Secretary said this week, however, that the Commission has still not receive its copy of the SC’s interim orders.

With regards to pharmaceuticals already supplied (referred to in the petition), no payments shall be made unless such payment is examined by the Auditor General and cleared by both the Auditor General and the AG. Separately, the Auditor General was instructed to conduct a comprehensive forensic audit into the matters stated in the petition and to submit a report within three months to the SC, the CID Director and the AG.

The Commission to Investigate Allegations of Bribery and Corruption and its officials were directed to conduct an investigation under the Anticorruption Act with regard to allegations of corruption referred to in the petition and to report to the SC within six months.

“Should such investigation reveal the committing of offences by identified perpetrators, the Commission is free to take necessary action in terms of the Anticorruption Act with regard to giving effect to a lawful criminal  justice response to the committing of offences,” the SC said.

Senior Counsel Senany Dayaratne with Lasanthika Hettiarachchi and Ms. Nishadi Wickramasinghe appeared for TISL. Deputy Solicitor General Lakmini Girihagama appeared for members of the Cabinet of Ministers, the NMRA and its Chairman and CEO, the Director General of Health Services, the Director of the Medical Supplies Division, the Auditor General, the Director General of Customs, the Inspector General of Police, the Commissioner General of Prisons and the AG.

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