In a lengthy order the Bond Commission today said that the Commission cannot compel Arjun Aloysius to give evidence, if he is unwilling to do so, although his evidence is required to ascertain the truth.
Chairman K. T. Chithrasiri reading out the order which lasted close to 20 minutes said that the principles of natural justice and others which protect the right of those “implicated” prevail over the need to ascertain the truth.
Earlier, Gamini Marapana the brother of Thilak Marapana made a submission saying that Aloysius is implicated and as such an accused cannot be compelled to give evidence against himself.
The Commission agreed with Marapana’s submission but went onto list down reasons as to why Aloysius must give evidence.
Among them were his insider dealings, who his friends in “high places were”, his relationship with Ravi Karunanayake, and his threatening of witnesses were cited.
However, the Commission said that they cannot force Aloysius to give evidence as he is quite rightly implicated in the scam.
Following the order Marapana said that his client was not willing to give evidence. Justice Prasanna Jayawardena then told Marapana to re-think about his position and convey the decision to the Commission tomorrow.
Aloysius was present at the Commission today.
His father-in-law Arjuna Mahendran would also most probably take the same stance, rendering the entire process a sham.