SC allows continuation of treatment at Nawaloka

Jayantha DE SILVA

The Five Judge Bench of the Supreme Court yesterday allowed an application for the continuation of treatment of Sarath Fonseka at the Nawaloka Hospital.

The Bench comprised the Chief Justice Dr. Shirani Bandaranayake,

Justice N.G.Ameratunge, Justice P.A.Ratnayake, Justice S.I.Imam and Justice Priyasath Dep.

After delivering the judgement the Chief Justice observed that the decision for treatment of the accused appellant Sarath Fonseka either at the Nawaloka Hospital or when he should return to the prison after undergoing treatment is left to consultant and chest specialist Dr. Vajira Tennakoon who is currently treating him for injuries received in the abortive LTTE female suicide bombers attempt on his life.

"The Bench could not determine the medical aspects", the Chief Justice declared.

The date for the consideration of the bail application was fixed for May 31 and the date to file objections and counter objections was fixed for May 24.

The court adjourned for about half of an hour as Solicitor General Palitha Fernando made inquires from the Secretary of Health Dr. Ravindra Ruberu to ascertain whether there is a dedicated chest ward at the National Hospital.

At the resumption, the Solicitor General informed that there is only a chest clinic. Apart from that there is a chest ward at the Welisara Hospital.

The Solicitor General emphasized that the accused's present status quo is that of a convicted prisoner.

Citing Prison Ordinance Section 69 he submitted that a prisoner who cannot be treated at the prison hospital is to be admitted to a government hospital. Referring to the application he said;

"If preferential treatment is granted to him, all other convicts would clamour to seek treatment at the Nawaloka Hospital."

Attorney-at-Law Nalin Ladduwahetty appearing for the accused appellant submitted that by virtue of his deeds, Fonseka cannot be included in the same category as murderers and rapists.

He contended that universally all prisoners are treated equally.

Making further submissions he explained that the application seeks no preferential treatment for Fonseka.

Apart from humanitarian grounds, the application is based on Dr.Vajira Tennakoon's stance in respect of treatment of Fonseka.

Counsel claimed that the National Hospital lacks a dedicated chest ward, equipment and also a consultant.

The Solicitor General expressed the notion that the claim should be subject to a probe as the National Hospital is the nations' apex hospital.

The Bench observed that on May 2, the High Court granted Fonseka permission to seek treatment at Nawaloka Hospital.

Subsequent to this, the Supreme Court on May 4, varied the order allowing the accused to be relocated from the Nawaloka Hospital to the National Hospital.

The Attorney General's Department representatives included Deputy Solicitor General Buwanaka Aluvihare, SSC Dilan Ratnayake, Azad Navavi, and Sudahrashana de Silva.

Attorneys-at-Law Niroshana Perera, U.L.S. Bandara and Kelum Ubeysinghe also appeared for the accused appellant.

Two observers from the USA embassy were present.