Can’t compel Aloysius to give evidence: Bond Commission
Ruling that Perpetual Treasuries Chairman Arjun Aloysius cannot be compelled to testify before it, the Presidential Commission of Inquiry (PCoI) into the bond issue today informed his counsel Gamini Marapana PC to notify the commission regarding the willingness of his client to give evidence by tomorrow.
Delivering a comprehensive judgment, the PCoI stressed that it required Arjun Aloysius to testify. However, the rule of law concept and the established law, as moved by his attorney said that an accused cannot be compelled to give evidence under the Criminal Law which lead the Commission to the view that Aloysius could not be compelled to give evidence if he was unwilling to do so.
The commission, citing various precedents and established laws also stated that Aloysius’s evidence as a witness who possessed knowledge on certain matters was crucial to the Commission’s mandate.
Subsequently, Gamini Marapana PC said that Aloysius was not prepared to give evidence.
At this point, Chairman of the Commission Justice K. T. Chitrasiri and Commissioner Justice Prasanna Jayawardane reminded Marapana PC to go through the content of today’s judgment and let the Commission know precisely whether his client is willing or not to give evidence before the commission.