Sri Lanka’s Attorney General’s Department informed the Colombo Magistrate’s Court on 13 October that indictments have been drafted against Parliamentarian Namal Rajapaksa under both the Bribery Act and the Prevention of Money Laundering Act in connection with the controversial Airbus transaction, signalling that the long-running investigation is now entering its trial phase.
Deputy Solicitor General Janaka Bandara told the court that the prosecution intends to proceed before a special three-judge High Court bench, a mechanism reserved for complex and significant criminal cases. He said steps would be taken either today or tomorrow to request the Chief Justice to appoint a three-member High Court bench in accordance with the Judicature Act.
The Deputy Solicitor General informed the court that the indictments were substantially ready and that the Attorney General’s Department expected to file them without delay. In light of these developments, he noted that the present appearance before the Magistrate’s Court could be the final one prior to the commencement of High Court proceedings.
Prosecution Opposes Bail
The prosecution further argued that the completion of investigations does not automatically entitle a suspect to bail. Deputy Solicitor General Bandara maintained that the legal provisions governing the offences in question contemplate the continued remand of the accused until the conclusion of the trial, unless exceptional circumstances can be demonstrated.
His submission came in response to a renewed bail application by Rajapaksa’s legal team, who argued that investigations had now been completed and that continued detention was therefore unnecessary.
Defence Cites Parents’ Illnesses
Counsel appearing for Rajapaksa urged the court to consider what they described as exceptional humanitarian circumstances. They informed the court that former President Mahinda Rajapaksa was receiving medical treatment at a private hospital, while Shiranthi Rajapaksa was undergoing treatment at the National Hospital in Colombo.
The defence argued that the simultaneous hospitalisation of both parents constituted a special circumstance warranting the granting of bail. They further submitted that since investigations had been concluded and indictments prepared, there was little justification for keeping the suspect in custody.
Magistrate Rejects Exceptional Circumstances Argument
Magistrate Asanga S. Bodaragama, however, rejected the defence submissions. Delivering his observations, the Magistrate noted that while courts in some previous cases had regarded the completion of investigations as a special circumstance justifying bail, those cases involved unusually prolonged investigations extending over many years.
By contrast, he observed that the Airbus investigation had been concluded expeditiously and that prosecutors had already completed drafting the indictment. As such, he said the circumstances differed significantly from earlier cases cited by the defence.
Accordingly, the Magistrate ruled that the completion of investigations alone could not be regarded as an exceptional circumstance sufficient to justify the granting of bail.
No Medical Evidence Produced
The Magistrate also addressed the defence’s reliance on the medical conditions of Rajapaksa’s parents.
While acknowledging submissions regarding their illnesses, he pointed out that no medical records or professional medical reports had been presented to substantiate the claims. He recalled that similar submissions concerning the health condition of Rajapaksa’s mother had been made at an earlier hearing, yet no medical evidence had been tendered on that occasion either.
Although media reports had referred to the illnesses of both Mahinda and Shiranthi Rajapaksa, the Magistrate stressed that newspaper reports or public statements could not be treated as evidence before a court of law. Any such assertions must be supported by proper medical documentation.
In the absence of independently verifiable medical evidence, he ruled that the alleged illnesses of the suspect’s parents could not be accepted as exceptional circumstances warranting bail.
Court Urges Swift Filing of Indictments
At the conclusion of the proceedings, Magistrate Bodaragama directed the prosecution to file the indictments relating to the Airbus transaction without unnecessary delay.
At the same time, he emphasised the importance of safeguarding the accused’s procedural rights. The court observed that the transition from Magistrate’s Court proceedings to a special High Court trial should not result in a situation where the suspect is deprived of a meaningful opportunity to seek bail either before the Magistrate’s Court or before the specially constituted High Court bench.
A High-Profile Corruption Test Case
The Airbus matter is among the most politically significant corruption investigations currently before Sri Lankan courts. The case relates to allegations arising out of aircraft procurement transactions involving Airbus and concerns broader questions of bribery, illicit financial flows and political accountability. The expected filing of indictments against the son of former President Mahinda Rajapaksa marks a significant step in a case that has attracted sustained public attention and is likely to be closely watched as a test of Sri Lanka’s willingness to pursue high-level corruption prosecutions irrespective of political influence.
Should the Chief Justice appoint a three-judge High Court bench as requested, the trial will become one of the highest-profile corruption prosecutions currently underway in Sri Lanka.