The Suresh Sallay hospital report says a medical board will consider his discharge as prosecutors seek to resume CID questioning.
COLOMBO — A medical board is expected to decide on September 28 whether former State Intelligence Service Director Major General (Retd.) Suresh Sallay can be discharged from the Colombo National Hospital, the Fort Magistrate’s Court was told on Tuesday.
Sallay, who remains a suspect in the continuing Criminal Investigation Department inquiry into the 2019 Easter Sunday attacks, has been receiving hospital treatment for more than 100 days.
Details of his condition emerged when the case was taken up before Fort Magistrate Pasan Amarasena on September 22.
Additional Solicitor General Dileepa Peiris appeared for the prosecution, while President’s Counsel Shavindra Fernando represented Sallay. Colombo National Hospital Director Dr. Sampath Indika Perera also appeared in court following an earlier order.
Nine-Doctor Report Presented to Court
Peiris informed the Magistrate that a medical report signed by nine doctors had been submitted concerning Sallay’s condition.
The former intelligence chief had received treatment in intensive cardiac care but has since been transferred to a general ward, the court was told.
Separate reporting on the proceedings said the medical panel had diagnosed Sallay with an enlarged heart and that a medical device had been fitted to manage his condition.
His cardiac condition was described as stable.
According to the prosecution, the medical board is expected to meet by September 28 to determine whether Sallay requires continued hospitalisation.
Peiris submitted that if Sallay was medically fit to leave hospital, investigators wanted him returned to CID custody so questioning could continue.
The National Hospital Director, responding to the Magistrate, said discharge could be possible if Sallay no longer required antibiotics to be administered intravenously and doctors determined that oral medication was sufficient.
The ultimate decision on whether he is medically fit for discharge rests with the doctors assessing his condition.
Dispute Over Laptop Password
Investigators also raised an issue concerning access to electronic devices seized during the inquiry.
The prosecution told court that Sallay had not provided the password to a laptop despite an earlier court order.
Peiris said investigators would pursue alternative technical methods to obtain the relevant data if the password could not be obtained from the suspect.
The defence disputed the significance attached to the password issue.
President’s Counsel Shavindra Fernando submitted that intelligence officers routinely change passwords for data-security reasons and questioned the practicality of requesting a password several months after Sallay was taken into custody.
Fernando also told court that he had not yet been given sufficient opportunity to study the medical report in detail.
According to the defence submissions contained in the source material, counsel had received information that a mental health report was being prepared and indicated that more detailed submissions would be made on the matter at a subsequent hearing.
Magistrate Stresses Sallay Remains a Suspect
A significant exchange during Tuesday’s hearing concerned the language used to describe Sallay.
During his submissions, Peiris referred to the former intelligence chief as a perpetrator in relation to the Easter Sunday attacks.
Magistrate Amarasena immediately intervened, stressing that Sallay had not been convicted and remained a suspect.
Peiris apologised to court and continued his submissions.
The distinction is important because the investigation involving Sallay remains ongoing and the allegations against him have not been established by a criminal conviction.
Sallay was arrested by the CID in February and has been detained under the Prevention of Terrorism Act in connection with the continuing investigation into the April 21, 2019 attacks.
His lawyers have challenged allegations raised against him during the investigation.
Medical Decision Expected on September 28
The immediate issue is now whether Sallay’s health requires him to remain at the Colombo National Hospital or whether he can be discharged and returned to investigators.
Doctors, rather than investigators or counsel, are expected to make that medical assessment.
The September 28 medical board review is therefore expected to determine the next stage of his hospital treatment, while questions surrounding access to his electronic devices and the wider Easter Sunday investigation remain unresolved.
The court has separately ordered that a progress report on the investigation be submitted on October 21.
