The Colombo Permanent Trial-at-Bar is scheduled to deliver its verdicts today (31) in the cases filed by the Attorney General against former Defence Secretary Hemasiri Fernando and former Inspector General of Police (IGP) Pujith Jayasundara over their alleged failure to prevent the Easter Sunday bomb attacks despite receiving sufficient intelligence information.
In 2022, a three-member High Court bench acquitted and released both defendants from the charges. However, following an appeal filed by the Attorney General and a subsequent order issued by the Supreme Court, the trial was reopened for the recording of defence evidence.
The Attorney General had filed indictments containing 855 charges before the Colombo High Court against former Defence Secretary Hemasiri Fernando and former IGP Pujith Jayasundara, alleging criminal breach of duty by failing to prevent the Easter Sunday terrorist attacks despite receiving prior intelligence information. The attacks resulted in the deaths of 275 people and injuries to nearly 500 others.
Following a lengthy trial, the verdict was delivered on February 18, 2022, by a three-member High Court bench comprising Justices Namal Balalle, Mohamed Irshadeen and Adithya Patabendige. The bench acquitted and released both defendants without calling for defence evidence.
In its ruling, the High Court bench stated that the State Intelligence Service (SIS) had failed to provide specific intelligence regarding the planned attacks and that the then Director of the SIS, Nilantha Jayawardena, had failed to properly discharge his duties.
The bench further observed that the prosecution had failed to establish criminal intent in relation to the alleged omissions by the former Defence Secretary and the former IGP.
Challenging the High Court ruling, the Attorney General filed an appeal before the Supreme Court. The appeal was considered by a five-member Supreme Court bench headed by Justice Preethi Padman Surasena.
In its judgment delivered on November 5, 2024, the Supreme Court set aside the High Court decision that acquitted the two defendants and ordered the High Court to recall and record defence evidence in the case.
Accordingly, the trial was reopened before the Colombo Permanent Trial-at-Bar bench comprising Justices Priyantha Liyanage, Viraj Weerasuriya and Tilakarathna Bandara.
Following extensive proceedings, the Colombo Permanent Trial-at-Bar announced that its verdicts would be delivered today.
The judgments concerning former Defence Secretary Hemasiri Fernando and former IGP Pujith Jayasundara over alleged criminal breach of duty in failing to prevent the Easter Sunday terrorist attacks despite receiving prior intelligence are scheduled to be announced this afternoon.
