Colombo’s Chief Magistrate’s Court heard explosive testimony yesterday (24) in the case against Dr Maheshi Soorasinghe Wijeratne, Consultant Neurosurgeon at Sri Jayewardenepura General Hospital, who has been accused of large-scale financial fraud, unethical medical practices, and serious breaches of professional conduct. Here’s a detailed breakdown of the arguments presented by the prosecution and the defence before Chief Magistrate Thanuja Lakmali Jayathunga, who ordered that Dr Wijeratne and two others be further remanded until 8 July.

What the Prosecution Said (CIABOC – Assistant Director (Legal) Sulochana Hettiarachchi):

• Surgeries Performed on Brain-Dead Patients:
  Investigators revealed that Dr Wijeratne had performed a second round of surgeries on patients who had already been declared brain-dead. These patients were kept on artificial life support for up to five days purely to maintain the appearance of cardiac activity. Post-mortem reports confirmed that these were not life-saving interventions, but deliberate and unethical actions performed after brain death.
• Exploitation of Procurement System:
  Dr Wijeratne is accused of deliberately bypassing the standard hospital procurement process. Instead of following formal procedures to acquire neurosurgical items through the hospital’s approved channels, she allegedly instructed staff to send patients or their families to an external party. That third party facilitated the purchase of vital medical equipment — such as EVD and VP shunt systems — from private suppliers at highly inflated prices.
• Use of an Unregistered Private Company:
  According to CIABOC, the equipment was funnelled through Dr Wijeratne’s unregistered company, MNN Medicals, where items purchased for Rs. 55,000 were resold to patients at Rs. 150,000 to Rs. 250,000. These financial transactions were allegedly routed into her personal bank account, violating Section 111 of the Anti-Corruption Act and Section 70 of the Penal Code.
• Unequal Treatment of Patients:
  The prosecution stated that the prices patients were charged depended on their perceived financial status, indicating systemic exploitation of vulnerable families during times of extreme emotional distress.
• Unnecessary Surgeries on Minor Cases:
  The Bribery Commission further alleged that some patients who had minor neurological issues — conditions that did not warrant surgery — were nonetheless subjected to invasive procedures, including operations typically used only to drain cerebral fluid or blood. Several of these patients later died.
• Witness Intimidation and National Concern:
  Raising serious concerns about obstruction of justice, the prosecution argued against bail, citing that two whistleblowers — one of whom is reportedly the grandson of former minister Colvin R. de Silva — had already received death threats. CIABOC said it had received 92 complaints via its hotline, with around 200 individuals expected to provide statements.
• Hospital Action Underway:
  All patients who were previously under Dr Wijeratne’s care have been transferred to the National Hospital in Colombo, and her ward at Sri Jayewardenepura Hospital has been temporarily shut down. The hospital’s Board of Directors is expected to meet soon to determine internal disciplinary action against all three suspects.

What the Defence Argued:

President’s Counsel Saliya Peiris (for Dr Wijeratne):

• Crucial Role as Sole Neurosurgeon:
  Peiris stressed that Dr Wijeratne is the only practising neurosurgeon at Sri Jayewardenepura General Hospital. Her remand has already resulted in critical delays in patient care, and he noted that two inpatients reportedly died due to her absence. He argued that her role is essential to the hospital’s functioning.
• Practice of Referring Patients for Outside Purchases Is Common:
  Peiris explained that shortages of external surgical equipment are frequent in Sri Lanka’s public healthcare system. It is therefore not uncommon for doctors to instruct patients or their families to procure necessary items from private pharmacies or suppliers. He insisted that this does not constitute illegal conduct.
• No Personal Financial Benefit:
  The defence rejected allegations of financial misconduct, claiming Dr Wijeratne did not personally benefit from any transactions. Peiris requested that the court consider granting bail with strict conditions, given her importance to public health services.

President’s Counsel Anuja Premarathna (for Nimal Ranjith Muthukuda):

• Limited Role of the Co-Accused:
  Premarathna argued that Muthukuda, who is accused of being involved in the sale of medical equipment, merely acted on the instructions of Dr Wijeratne. He was not employed by the hospital but was working in a supporting role at the doctor’s private business. He had no decision-making authority or financial stake.
• Legality of Directing Patients for External Purchases:
  In support of his client, Premarathna cited a public statement made by Deputy Health Minister Dr Hansaka Wijemuni, who acknowledged on a private TV channel that it is not unusual for doctors in government hospitals to ask patients to buy unavailable medications or equipment from outside sources. This practice, the defence said, is neither new nor inherently unlawful.

After hearing arguments from both sides, Magistrate Thanuja Lakmali Jayathunga ordered the further remand of Dr Maheshi Soorasinghe Wijeratne, clerk Indika Kakulanda Liyanage, and Nimal Ranjith Muthukuda until 8 July, pending further investigation.