Bypass surgery recommendation tips bail decision for Shiranthi Rajapaksa

Former First Lady Shiranthi Rajapaksa, who had been remanded over allegations relating to the Siriliya Saviya account, was granted bail by the Colombo Chief Magistrate’s Court on Friday after the court accepted her medical condition as an exceptional circumstance.

The case concerns allegations that Rs. 10 million belonging to the National Savings Bank was unlawfully transferred to the Siriliya Saviya organisation.

When the case was taken up on Friday, the National Hospital of Sri Lanka submitted a medical report on Rajapaksa’s condition to court. The Magistrate noted that the report had been forwarded with a covering letter from the hospital director.

The report stated that Rajapaksa required bypass surgery.

President’s Counsel Anil Silva, appearing for Rajapaksa, told court that the report showed an 80% to 90% blockage of her left coronary artery and that doctors had recommended surgery without delay.

He argued that the seriousness of her cardiac condition should be treated as an exceptional circumstance warranting bail. According to the defence, doctors had also advised that she was not fit to be produced in court.

Additional Solicitor General Dileepa Peiris, appearing for the Commission to Investigate Allegations of Bribery or Corruption, opposed the application.

He argued that Rajapaksa was already receiving the necessary medical treatment at the National Hospital and was not being held in prison at the time. He said her condition should therefore not be considered an exceptional circumstance for granting bail.

Peiris also pointed out that doctors had advised against transporting her, meaning that even if she were granted bail she would not immediately be able to return home.

Delivering the order, the Magistrate said two medical reports relating to Rajapaksa had been submitted to court and that the medical panel had identified blockages in her arteries and outlined the possible consequences if the condition continued.

The court noted that Rajapaksa faces allegations under the Public Property Act, under which bail requires the establishment of exceptional circumstances.

The Magistrate said the law did not provide an exhaustive definition of what constituted exceptional circumstances and that previous superior court decisions had recognised that such circumstances could depend on the facts of each case.

Where a medical condition could pose a threat to life, the court could not disregard it as an exceptional circumstance, the Magistrate said.

The court therefore accepted Rajapaksa’s medical condition as an exceptional circumstance and ordered her release on bail.

She was granted cash bail of Rs. 100,000 and two sureties of Rs. 10 million each.

The court also imposed an overseas travel ban on Rajapaksa.