Perjury Allegations Rock Trial-at-Bar in Substandard Drug Procurement Case
During the ongoing high-profile trial concerning the procurement of 6,195 vials of substandard Human Immunoglobulin and Rituximab, a key witness from the Ministry of Health was accused of perjury by the defense. Counsel Nuwan Jayawardena, representing the former Secretary to the Ministry of Health, Janaka Sri Chandragupta, proposed before the Permanent High Court Trial-at-Bar that the witness was deliberately providing false testimony under oath.
The proceedings were held before a three-judge bench comprising High Court Judges Priyantha Liyanage (President), Viraj Weerasuriya, and Thilakaratne Bandara. The 150th prosecution witness, Kalpana Tharindi Dabare, a Development Officer at the Ministry of Health, underwent rigorous cross-examination following the conclusion of her examination-in-chief.
The "Typist" Defense and Administrative Responsibility Representing the first defendant, Sugath Janaka Fernando (owner of Isolez Biotech Pharma), Counsel Harendra Banagala initiated the cross-examination. Ms. Dabare testified that she joined the procurement division of the Health Ministry in 2011 as a graduate appointee. She maintained that her primary responsibilities were strictly limited to document management and typing letters based on explicit instructions from her superiors, claiming she had no understanding of the rationale behind the committee decisions.
When questioned about her prior statements to the Criminal Investigation Department (CID), the witness stated that she recalled giving statements on approximately three occasions regarding the incident.
Discrepancies in Pricing Amidst Economic Crisis The defense highlighted glaring financial anomalies during the cross-examination. In 2022, amidst a severe dollar crisis where the US Dollar hovered around LKR 300, the witness confirmed from the documents that Isolez Biotech Pharma had submitted the lowest bid for Human Immunoglobulin at $130 per unit.
Counsel Banagala pointed out a discrepancy involving a massive $540,000 (approximately LKR 162 million) difference between certain bidders for a stock of 22,500 units. He suggested that the witness’s failure to notify higher officials of these glaring price variations constituted gross negligence. The witness countered, stating she lacked the authority to question or alter committee decisions. “I could not change the figures. My instructions were solely to prepare the documents based on the committee’s decisions,” she testified, emphasizing a reliance on “mutual trust” regarding the validity of the orders given by superiors.
Allegations of Perjury Regarding Meeting Attendance A critical turning point occurred during the cross-examination by Counsel Nuwan Jayawardena. He confronted the witness with attendance records from a procurement committee meeting held on October 22, 2022. While her name clearly appeared on the official minutes as a participant, the witness vehemently insisted under oath that she did not attend the said meeting.
“I suggest to you that you are committing perjury in this court by falsely claiming non-attendance,” Jayawardena asserted. The witness maintained her stance, outright denying any participation in that specific meeting, despite the documentary evidence presented to the contrary.
Scope of the Indictment The Attorney General has filed 13 indictments against 12 defendants, including former Health Minister Keheliya Rambukwella. The charges involve the criminal misappropriation of LKR 144.4 million in state funds by procuring counterfeit and non-medicinal substances for the Medical Supplies Division (MSD). The prosecution has listed over 350 witnesses, including former President Ranil Wickremesinghe and several former Cabinet Ministers, alongside nearly 300 pieces of documentary evidence.
The defendants encompass high-ranking health officials, accountants, and the proprietor of the pharmaceutical firm. The case continues as the court examines the complex interplay between administrative “instructions,” committee decisions, and individual accountability in one of the country’s most unprecedented medical procurement scandals.