By The Pulseline News Desk
Former State Intelligence Service (SIS) Director Suresh Salley was taken from the Colombo National Hospital on Tuesday (6) after completing 119 days of treatment, following a decision by a 10-member medical committee that he was fit to be discharged.
The medical board, comprising senior specialists at the National Hospital, has informed the Colombo Magistrate’s Court that Salley was medically fit to leave hospital.
Following the notification, Additional Solicitor General Dileepa Peiris has informed court that Salley would be taken back into the custody of the Criminal Investigation Department (CID) on Tuesday afternoon.
The medical board had submitted its final report on Salley’s condition to court on September 28. The report had set out six conditions to be followed after his discharge, including the timely administration of prescribed medication, placement in a suitable environment under medical supervision, appropriate follow-up at medical clinics, treatment in the event of allergic reactions and referral to the cardiology unit if any issue arises with the cardiac device implanted in him.
Salley had been receiving treatment in Ward 42 of the National Hospital.
The court had previously been informed that a final decision on whether Salley could be discharged would be made on September 28. Following the submission of the medical report, the Magistrate last Friday issued notices on 10 doctors, including the National Hospital Director, requiring them to appear in court and clarify matters contained in the report.
Nine of the doctors had appeared before open court on Tuesday, while Consultant Dermatologist Dr. Janaka Akarawita was absent as he is currently overseas.
Those who had appeared included National Hospital Director Dr. Sampath Indika Kumara, Consultant Cardiologist Dr. Gamini Galappaththi, Consultant Physicians Dr. N.M. Perera, Dr. Yamuna Senadheera and Dr. Varuni Samaranayake, Consultant Nutritionist Dr. Nalinda Herath, Consultant Psychiatrist Dr. Anuprabha Wickremesinghe, Consultant Cardiac Electrophysiologist Dr. Susith Amarasinghe, Consultant Microbiologist Dr. Mahen Kothalawala and Consultant Dental Surgeon Dr. Asanga Gunathilaka.
AG raises concerns over investigation
Appearing for the Attorney General (AG), Additional Solicitor General Dileepa Peiris has reportedly said the Attorney General was representing the doctors as they are government officials.
Peiris has also raised strong concerns over what he had described as Salley’s lack of cooperation with the ongoing investigation.
He has told court that Salley’s medical condition had arisen from a genetic condition rather than external causes and had been aggravated by a self-imposed fast.
The Additional Solicitor General has reportedly questioned how Salley could submit 46 documents running to approximately 9,700 pages, together with a 247-page affidavit, in proceedings before the Court of Appeal, while maintaining that he could not remember the password to his mobile phone.
He has also questioned Salley’s decision to receive treatment at the National Hospital, noting that he is a former head of the intelligence service and had spent much of his career attached to military-related institutions.
Peiris has said the victims in the case appeared to have been forgotten while attention was focused on Salley.
He has reportedly alleged that Salley had not simply become ill but had been made ill and referred to the involvement of a doctor related to the suspect who resides in Australia.
However, Peiris has said the prosecution would not pursue that issue further following the medical board’s determination that Salley was fit to be discharged. He has also claimed that Salley had delayed the investigation for 119 days.
Defence objects to prosecution’s remarks
President’s Counsel Shavindra Fernando has strongly disputed the prosecution’s submissions, accusing the Attorney General’s Department of making statements intended to demean his client.
Fernando has reportedly said the defence had not been provided with the medical reports submitted to court and questioned how the aggrieved party could have access to documents that had not been made available to the defence.
He has also alleged that a motion filed by the CID had been taken up without the defence being informed.
“There cannot be one law for the prosecution and another for the defence,” Fernando has told court.
The President’s Counsel has questioned the relevance of the prosecution referring to whether Salley had brushed his teeth and said such remarks were intended to insult and humiliate his client.
He has also disputed the claims concerning Salley’s mobile phone password, stating that no formal statement had been recorded from his client regarding the password.
According to Fernando, Salley had provided three possible passwords in writing when he was questioned about the matter while in hospital.
He has further alleged that the real conspirators in the investigation were within the complainant’s side, noting that the same doctors had previously been described as conspirators by that side of the case.
AG maintains medical conspiracy allegation
Responding to the defence, Peiris has reportedly clarified that he had not described the 10 doctors themselves as conspirators. Rather, he has said he had alleged the existence of a “medical conspiracy” and had maintained that position.
He has told court that Salley had continued eating and drinking normally while in hospital and had undergone routine medical examinations and dental treatment.
Peiris has said Salley’s dental problems had developed due to inadequate oral hygiene but had subsequently been treated through surgery, adding that the condition had no impact on his heart condition.
He has also noted that the cardiac device implanted in Salley had been provided at state expense.
Court questions access to mobile phone
During the proceedings, the Magistrate has questioned whether specialist methods could be used to gain access to the password-protected mobile phone.
The Additional Solicitor General has said appropriate measures would be taken if access could not be obtained through available local mechanisms.
After considering submissions from both sides, the Colombo Magistrate’s Court has fixed the case for October 21.
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