Deputy Solicitor General (DSG) Janaka Bandara this week requested the Colombo High Court to obtain a report from a full medical board regarding claims that suspect Daisy Forrest has been suffering from dementia since 2016. He noted that although her lawyers assert she has been diagnosed with the illness since that year, no prior documentation or information regarding the condition had been submitted to the authorities.
The request was made after Anil De Silva, PC, appearing for Ms. Forrest, informed the court that it has become increasingly difficult to obtain instructions from his client due to her dementia, which affects a person’s ability to recall past actions. Ms. Forrest is the second accused in the case filed against her and the first accused, former President Mahinda Rajapaksa’s son, Yoshitha Rajapaksa, concerning the alleged illegal acquisition of lands and property valued at over Rs. 59.6 million.
When the case was taken up before High Court Judge Udesh Ranatunga, Mr. De Silva further stated that Ms. Forrest attends court under the impression that she is going to Sunday Mass, highlighting the severity of her condition. Accordingly, he requested the court to discharge her from the case on health grounds. He also pointed out that the Nugegoda District Court has previously ruled that Ms. Forrest is unable to independently manage lands and properties registered under her name due to her health condition, and that another individual has been appointed to oversee her property on her behalf.
DSG Bandara, however, countered that the accused did not disclose any such medical condition when giving her statement before the Kaduwela Magistrate’s Court in 2016. He further argued that although the assets are registered under the second accused’s name, it was the first accused who had provided her with the funds to purchase them. He cautioned that discharging her from the case could grant undue advantage to another party, which should not be permitted.
In response to a query by the judge, the Criminal Investigation Department (CID) confirmed that the accused made no mention of dementia when her statement was recorded.
After considering the submissions, High Court Judge Ranatunga directed the prosecution to inform the court of the Attorney General’s position on whether Ms. Forrest should be discharged from the case.
State Counsel Oswald Lakshman Perera and DSG Janaka Bandara appeared for the prosecution, while President’s Counsel Sampath Mendis represented Yoshitha Rajapaksa.
