14th accused in the Colombo HC Trial at Bar seeks bail from Court of Appeal

The bail applications of Rasheed Ibrahim, the 14th suspect in the Colombo High Court Trial at Bar and Akram Ahkam the 25th suspect in the same case were taken up for inquiry in the Court of Appeal before Justice Sampath B Abayakoon and Justice P Kumararatnam on Thursday.  

According to the Petition for bail filed in the Court of Appeal, Rasheed Ibrahim is in State custody for over 4 years afflicted with complicated health problems including cancer while Akram Ahkam has completed four years without trial having commenced, at the time of filing the bail applications.   

The Court heard a preliminary objection by the State on the jurisdiction of the Court of Appeal to hear this bail application and also heard the counter submissions of the Petitioners and reserved order on the objections for 16th June 2023.  

Counsel for the Petitioners submitted that regarding suspect Rasheed Ibrahim, the Medical Report issued by the Chief Medical Officer of the Bogambara Prison states that this patient is afflicted with an ‘uncommon type of bone marrow Cancer’ with an enlarged spleen and empyema in the cavity between the lungs and the membrane surrounding the lungs with a history of breathing difficulties and pneumonia.   

Counsel said the Bogambara Prison Hospital and the Kandy National Hospital do not have the medical facility and drugs to treat this uncommon type of cancer and urged that both suspects be enlarged on bail under the constitutionally empowered provisions of Article 138(2) of the Constitution read with the newly amended section 15A of the PTA. The Petition also refers to the death in custody of the 17th suspect in the same trial at bar case, due to ill-health.  

The petition for bail of Akram Ahkam alleges that during the investigations he was offered to be released if he would sign a statement saying that the Aruppola meeting was to plan the Easter attacks on churches and hotels but he refused to sign any such statement as he was ‘totally unaware of any such planning by anyone of any such attacks’.   
Thereafter, the petition alleges, he was illegally moved out from the detention centre specified in the detention order to a Navy camp in Welisara where he was threatened and tortured employing many inhuman methods and compelled to sign a prepared statement.   

Ahkam states in the petition that when he was produced before the Colombo Magistrate, he informed the judge that he was threatened and compelled to sign a statement and the judge recorded the petitioner’s complaint in the Court record, marked P5 annexed to the Petition.  

State Counsel Shakthi Jagoda Arachchi with State Counsel Akila Dalpathado appeared for the Attorney General and the other Respondents.  

M M Zuhair PC with Rizwan Uvais appeared for the Petitioners in both cases.