The Supreme Court of Sri Lanka has directed the Colombo High Court Trial-at-Bar to recall the defense in the case involving former Defence Secretary Hemasiri Fernando and former Inspector General of Police Pujith Jayasundara. This decision follows an appeal by the Attorney General (AG) challenging the High Court’s prior verdict to acquit Fernando and Jayasundara on charges related to their alleged failure to prevent the 2019 Easter Sunday terror attacks despite reportedly receiving prior intelligence.
The original High Court ruling acquitted both officials on charges of criminal dereliction of duty and murder, determining that no defense testimony was necessary after the AG presented its case. However, the AG’s appeal sought to overturn this acquittal, arguing that the High Court’s decision to forgo defense testimonies was unlawful.
After reviewing the appeal, the five-member Supreme Court bench, led by Justice Preethi Padman Surasena, concluded that the High Court Trial-at-Bar should have called for defense evidence. This decision mandates that the High Court reopen the defense phase, allowing a more comprehensive review of the charges surrounding the alleged failures to act on prior information related to the attacks.
The case continues to hold significant public and legal interest, as it addresses accountability concerns over state responses to security intelligence prior to the Easter Sunday attacks.