The Fort Magistrate’s Court has announced that it will deliver its order on June 10 regarding a request by the Attorney General. The request seeks to direct the Director General of Health Services to present detained suspect, retired Major General Suresh Salley, before a panel of specialist doctors and obtain a medical report in relation to the Easter Sunday terror attack investigations.
A motion filed on behalf of Salley, who is currently detained by the Criminal Investigation Department (CID) under the Prevention of Terrorism Act, was taken up today before Colombo Fort Magistrate Pasan Amarasena.
Appearing for the Attorney General, Additional Solicitor General Dileepa Peiris argued that no reasonable evidence had been presented to prove that Salley, the former Director of State Intelligence, was suffering from any serious medical condition.
Peiris stated:
“On May 4, he was referred to a nutrition specialist, an ophthalmologist, and a psychiatrist. This referral was ordered by the presiding magistrate through the Chief Judicial Medical Officer in Colombo. However, he was later directed to these specialists through another officer. The report was received on May 18. Today is June 4—two weeks after receiving the report. They waited two weeks to file this motion. Do you know why? Because the writ petition filed by him was taken up today in the Court of Appeal. This motion has been filed in anticipation of securing sympathy from the Court of Appeal, Your Honour.”
He further elaborated on the medical reports, stating:
“This is not an ordinary individual, Your Honour. From 2017 to 2019, he was an intelligence officer who handled eight suicide bombers. According to this report, the psychiatric evaluation conducted on him was only a short-term assessment. During that assessment, he was reportedly crying. Can such long-term diagnoses be made from a short-term evaluation? He did not cry before the nutritionist or the eye specialist, but began crying when he met the psychiatrist. He says he has nightmares at night. Perhaps he is now recalling the crimes he has committed and crying. Perhaps he is afraid when he sees them in his dreams. There is no medicine for that.
“He also told the psychiatrist that a group of external parties—not investigation officers—came, asked him to remove his clothes, told him to stretch out his arms, and assaulted his legs. He claims he is ashamed to describe what happened next. Why is he ashamed, Your Honour? Is he a young girl? If that had happened, it would be understandable. All of this, Your Honour, has been said to mislead the doctor.”
Peiris emphasised that the medical report submitted to court could not be accepted. He added:
“Your Honour, he should be given an Oscar. He has no serious illness whatsoever. The report itself states that he suffers from memory loss. Clearly, he has a problem remembering. He cannot recall the password to his mobile phone or his laptop.
“He also claimed to his lawyers that he is not allowed to communicate with anyone. However, every Friday he is allowed to speak with his wife and son, and upon request, he was also allowed to speak with his mother. Not only that, he has been provided with green tea, patties, egg rice, milk toffee, Coca-Cola, fish oil tablets, and vitamin C. He has received medical care as well—he had hearing issues and was referred for eyesight tests, dental care, and diabetes treatment. He may not have received such care even at home, yet he does not mention any of this.”
Meanwhile, President’s Counsel Shavindra Fernando, appearing for Salley, claimed that his client had been subjected to torture while in CID custody.
Addressing the court, Fernando said:
“Your Honour, my client was referred, on the instructions of the presiding magistrate, through the Colombo Judicial Medical Officer to three specialist doctors: a nutritionist, an ophthalmologist, and a consultant psychiatrist.
“The psychiatric report mentions, in seven separate instances, that my client has been subjected to severe torture. These acts were carried out by external parties, not investigation officers. He was asked to remove his clothes, told to stretch out his arms, and assaulted on his legs. He says he is too ashamed to describe what happened afterwards. All of this took place while he was in CID custody. The CID must take full responsibility for this.”
Fernando further noted that doctors had indicated that treatment could not be carried out under the current conditions of detention. He added:
“It is clearly evident from the medical report that he has been subjected to torture. The environment in which he is being held is unsuitable for treatment, and the doctors have stated they cannot commence treatment under these conditions. The report also indicates that he is at risk of suicide. Therefore, I respectfully request the court to issue appropriate orders in this regard.”
After considering the submissions, the magistrate stated that the ruling on the requests made by the suspect’s legal team will be delivered at 2:00 p.m. on June 10.If you’d like, I can make it even shorter (for news bulletins) or more formal (for a legal report).
( With the inputs from NewsFirst)