*Magistrate considered the following as exceptional circumstances:
- Postnatal mental condition of Mr. Aloysius' wife
- The well-being of the children
- Medical recommendations on the illness caused to the children by the loss of her husband's emotional support
- Mr. Palisena's wife gave birth to a premature infant and the resulting complications
- Medical recommendation that the intensive intervention of the parents is required for the well- being of the baby
- Oppressive delay in the investigation
- Unpredictability of the conclusion of the investigation as the first suspect Arjun Mahendran is still not arrested
- The suspects already in remand for ten months
* Each released on a cash bail of Rs.1 Mn with four sureties of Rs.2 Mn each
* Unpredictability of the conclusion of the investigation as the first suspect Arjun Mahendran is still not arrested
By Shehan Chamika Silva
Perpetual Treasuries Ltd owner Arjun Aloysius and CEO Kasun Palisena, accused of conspiring with the then Central Bank governor Arjuna Mahendran to misappropriate public funds worth Rs.688 million at the bond auction on February 27, 2015, were yesterday released on bail under exceptional circumstances by Colombo Chief Magistrate Lanka Jayaratne.
They were each released on a cash bail of Rs.1 million with four sureties of Rs.2 million each and imposed a travel ban. The suspects were ordered to report to the CID every Sunday.
In her bail order, the Chief Magistrate observed that there were sufficiently exceptional grounds under the Section 8(1) of the Public Property Act to consider bail for the two suspects.
Rationalizing the exceptional circumstances submitted on behalf of the suspects, the Magistrate rejected two of the exceptional circumstances that of his third child's health condition as there was insufficient evidence to support it.
The Magistrate found the post-natal mental condition of Mr. Aloysius' wife that she was suffering from depression and anxiety after the birth of their third child and the loss of the emotional support of the husband for the newly born infant and other two children as exceptional circumstances.
The Magistrate said Mr. Aloysius' wife had suffered from this post-natal mental condition twice at the previous births of their children but on those occasions her husband was there to support her. She observed that it cannot be rejected that after the birth of their third child her postnatal condition had worsened due to her husband being remanded.
The Magistrate considered the medical recommendations submitted by specialist doctors and said that a father's presence was important for the well-being of the newly born baby and other two children and in this instance it can be considered an exceptional circumstance.
Going through the medical recommendations relating to infant born to Mr. Palisena's wife the Magistrate said that the premature birth of the infant with an extremely low weight and the diagnosis of cerebral Paracelsus of the child that such a child is required intensive early intervention of the parents and this could be considered an exceptional circumstances.
Citing various precedents, and legal doctrines relating to the consideration of bail, the Magistrate also observed that when bail was considered under exceptional circumstances, the delaying of investigation has to be considered on the basis whether such delay was an oppressive delay to the suspect. Quoting a precedent Magistrate said "Justice delayed, justice is denied."
The Magistrate also considered the unpredictability of the conclusion of the case based on the fact that the first suspect Arjun Mahendran was still not arrested.
Considering the above circumstances and that of the suspects being in remand for ten months, the Magistrate released them on conditional bail.
Meanwhile, Mr. Aloysius and Mr. Palisena were also released on bail by the Chief Magistrate in the parallel magisterial inquiry (which is conducted on bailable offences) in the bond scam relating to the deletion of phone call data from the PTL voice recording system and fabricating evidence to the Bond Commission.
They were each released on a cash bail of Rs.25,000 with two sureties of Rs.500,000 each.
The cases was fixed for further inquiry on February 25, 2019.
President's Counsel Anil Silva, Senior Counsel Jeewantha Jayathilake, Counsel Sajitha Jayawardena and Counsel Ralitha Amarasena appeared for the suspects.
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