The Permanent High Court Trial-at-Bar in Colombo today (11 July) postponed the serving of indictments in the controversial substandard antibody vaccine procurement case involving former Health Minister Keheliya Rambukwella and 11 other accused until 16 September.
The court made this decision as the annexures required to accompany the indictments have not yet been printed. Deputy Solicitor General Lakmini Girihagama, appearing for the prosecution, informed the court that although the indictments have already been filed, the annexures remain pending.
Girihagama explained that printing the annexures for just one accused would cost Rs. 866,565, and printing them for all twelve would take approximately 21 days, as informed by the Government Printer. She therefore requested the court to reconvene the case after this period.
The bench, comprising Justices Mahesh Weeraman, Pradeep Abeyratne, and Amali Ranawaka, accepted the request and scheduled the next hearing for 16 September.
It was also brought to the court’s attention that the first accused, Sugath Janaka Fernando, is currently in remand custody and could not appear today. The bench ordered prison authorities to produce him at the next hearing.
Another accused, Dr. Jayanath Butpaththiye, a former medical officer of the Medical Supplies Division, was also absent, with his attorney informing the court he is currently overseas.
Deputy Solicitor General Girihagama revealed further details about Butpaththiye’s absence:
“Your Lordships, the accused Jayanath Butpaththiye, while serving as a government medical officer, had requested leave to travel to the UK from 12 November 2023 to 9 February 2024. Immigration records confirm he departed on 12 November, but he has not returned even after his leave expired. It appears he is deliberately evading court proceedings. However, during a Magistrate’s Court hearing on 24 February 2024, a lawyer appeared on his behalf. A red notice has been issued against him, and further legal action is expected.”
The court allowed the previously released accused to remain on bail and set the next hearing for 16 September.
President’s Counsels Nalin Ladduwahetty, Priyanta Nawana, Anuja Premaratne, and other senior attorneys including Neranjan Jayasinghe and Ashoka Serasinghe represented the accused.
This high-profile case stems from the alleged procurement of 6,195 vials of non-pharmaceutical substances falsely identified as drugs—namely human immunoglobulin and rituximab—to the Medical Supplies Division (MSD), costing the state Rs. 144 million.
The Attorney General has filed 13 charges against the 12 accused, including criminal misappropriation, conspiracy to defraud public funds, and knowingly making use of fraudulent financial transactions.
The prosecution has listed approximately 350 witnesses and around 300 productions in the case. Among the witnesses are high-profile names including former President Ranil Wickremesinghe, and former Cabinet Ministers Nimal Siripala de Silva, Wijeyadasa Rajapakshe, Douglas Devananda, and Roshan Ranasinghe.
Also included are medical experts such as Dr. Ananda Wijewickrama, Chair of the National Medicines Regulatory Authority (NMRA), and other senior officials.
The 12 accused named in the indictments are:
- Sugath Janaka Fernando – Owner of Isolez Biotech Pharma (alleged supplier of unapproved vaccines)
- Dr. Kapila Wickramanayake – Director, MSD
- Shanthini Solomon – Assistant Director, MSD
- Neran Dhananjaya – Accountant
- Sujith Kumara – Storekeeper
- Janaka Sri Chandragupta – Former Secretary, Ministry of Health
- Dr. Ratnakumara Herath – Deputy Director General, MSD
- Keheliya Rambukwella – Former Health Minister
- Dr. Jayanath Butpaththiye – Member of Emergency Procurement Committee
- Dr. Saman Rathnayake – Additional Secretary, Ministry of Health
- Dr. Thushitha Sudarshana Arambegedara – Director, MSD
- Vijith Gunasekara – Former Chairman, NMRA
