The permanent trial-at-bar at the Colombo High Court yesterday (12) took up the case against former health minister Keheliya Rambukwella and 11 others over the purchase of substandard human immunoglobulin.
At the hearing by judges Priyantha Liyanage, Viraj Weerasuriya and Thilakaratne Bandara, lawyers for the prosecution and the respondents were seen engaged in arguments over the procedure of submitting evidence and the legal validity of documented evidence.
Lawyers representing the respondents objected to deputy solicitor general(DSG) Lakmini Girihagama, who led the prosecution, when she tried to submit through the eighth witness, Nishani Lanka Karunatilake of NMRA, the entries made by the National Medicines Regulatory Authority (NMRA) clerk Himali Thanuja, who is presently overseas.
The lawyer for the 12th respondent, former NMRA chairman Dr. Vijith Gunasekara, noted it to be hearsay/derivative evidence, saying that documentary evidence should be recognised by the person responsible only.
The respondents lose the right to cross-examine the witness in her absence, said lawyer Chaminda Athukorale.
Responding, the DSG said there was no legal obstacle to establish the document thus as per the best evidence rule, since the witness in question is presently located beyond the court’s jurisdiction.
Considering submissions by both sides, the judges panel overruled the objections and permitted the prosecution to continue leading the evidence.
Eighth witness Karunatilake testified before the court that the health minister chaired a meeting on 17 September 2022 to discuss purchasing medicines under the rapid procurement process.
When questioned by the DSG, the witness claimed unawareness about who the health minister was at the time.
She identified the director board papers P-95 and P-99 submitted by the prosecution and established that ex-NMRA chairman Gunasekara approved their presentation.
The 12 are accused of causing a loss of more than Rs. 144 million to the state through the purchase of 6,195 vials of substandard rituximab and human immunoglobulin, criminal breach of trust and criminal This case highlights the loopholes in the state procurement process and the risks involving emergency purchases and was to continue today.
