Saturday Nov 23, 2024
Saturday Nov 23, 2024
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Former Defence Secretary Hemasiri Fernando (left) and former Inspector General of Police (IGP) Pujith Jayasundara
The Supreme Court has overturned the previous acquittal of former Inspector General of Police (IGP) Pujith Jayasundara and former Defence Secretary Hemasiri Fernando in relation to the 2019 Easter Sunday bombings, ordering the Colombo High Court Trial-at-Bar to proceed with the trial and require the accused to present their defence.
The ruling, delivered by a five-judge Supreme Court bench comprising Justices Preethi Padman Surasena, Yasantha Kodagoda, Kumudini Wickremasinghe, Mahinda Samayawardhena, and Arjuna Obeyesekere, was in response to appeals filed by the Attorney General.
The appeals challenged the acquittal decision made on 18 February 2022 when the High Court Trial-at-Bar comprising Judges Namal Balalle, Aditya Patabendi and Mohamed Irshadeen ruled that the prosecution evidence was insufficient to establish the offences, leading to the release of Jayasundara and Fernando without defence testimonies.
Delivering the verdict at the time High Court Judge Mohamed Irshadeen said the Attorney General should have contemplated before filing the relevant case while High Court Judge Aditya Patabendige said the evidence had shown that the accused had been in a helpless position in decision-making. The Supreme Court’s judgement emphasised that, given the seriousness of the case, it was improper for the High Court to acquit the defendants without hearing their defence. The court said that there were sufficient grounds for the High Court to continue the trial and directed it to recall the accused to present their side.
The initial case, presented by the Attorney General, contained 855 charges against the former officials, accusing them of failing to act on intelligence that could have prevented the terrorist attacks between 7 April and 21 April 2019. These charges included criminal dereliction of duty and murder. The Attorney General’s department argued that the High Court’s decision to acquit without defence testimonies was a legal oversight. The Supreme Court agreed, deeming the acquittal unlawful and mandating a resumption of the trial at the High Court Trial-at-Bar. The trial will now proceed, compelling Jayasundara and Fernando to respond to the charges brought against them.
