Plea to halt trial against 98-year-old Daisy Forrest

COLOMBO (News 1st); Lawyers representing Daisy Forrest, the grand mother of Yoshitha Rajapaksa, informed the court that continuing the High Court trial against her is unreasonable as she suffers from dementia and Alzheimer’s disease.

The case before the Colombo High Court involves allegations that Yoshitha Rajapaksa and Daisy Forrest unlawfully acquired assets and property worth approximately Rs. 73 million.

The case was taken up before High Court Judge Udesh Ranatunga. 

During proceedings, President’s Counsel Anil Silva, appearing for Daisy Forrest, explained her health condition.

"My client is 98 years old. With her age, she now suffers from dementia and Alzheimer’s. She cannot even manage her personal affairs independently. She does not even realize that she in a courtroom. Given her current mental state, she has no knowledge of the charges against her. She cannot comprehend or accept guilt or innocence. She has no capacity to participate in this trial with a sound mind. She cannot recall what was said during previous hearings. Furthermore, on March 17, 2017, the Gangodawila District Court issued an order transferring the guardianship of her and her property to another person, as she was deemed incapable of managing her personal affairs."

Appearing for the prosecution, Deputy Solicitor General Janaka Bandara stated that since this is the first time a medical report on Daisy Forrest’s condition has been submitted, the prosecution requires time to study it.

"This accused is a 98-year-old elderly person. It is understandable that she may have ailments or weakness due to age. However, that should not result in undue advantage to another party. I do not believe this High Court should act solely based on the District Court’s order. This court has the discretion to reconsider the matter. The prosecution must examine whether a fresh medical report should be called for. After reviewing the documents submitted today, the court should be informed. Nevertheless, the prosecution needs time to study the legal steps to be taken in this situation."

The High Court Judge questioned why an order issued eight years ago is being presented only now.

The judge also asked investigators whether such a report had been submitted during the Magistrate’s Court proceedings.

Investigators replied, “No, Your Honor.”

"Why is this order, which was not presented during the Magistrate’s Court hearings, being submitted to this court after eight years?"

Responding, President’s Counsel Anil Silva said:

"Your Honor, there was no awareness of the current situation of this case."

After considering the submissions, the judge directed the prosecution to inform its position regarding the second accused and fixed the next hearing for November 26.