Hemasiri Fernando to face judgment on July 31 on Easter Sunday probe

The Permanent Three-Judge High Court has set July 31 as the date to deliver its verdict in the case filed by the Attorney General against former Defence Secretary Hemasiri Fernando over allegations that he failed to prevent the Easter Sunday terror attacks despite receiving prior intelligence warnings.

The announcement was made today (15) after the conclusion of oral submissions by President’s Counsel Chaminda Atukorale, who appeared for the accused.

The case was heard before the three-member High Court bench comprising Justices Priyantha Liyanage (President), Viraj Weerasuriya, and Tilakratne Bandara.

During submissions, defence counsel argued that the intelligence received was unconfirmed and that this was acknowledged by intelligence official Nilanta Jayawardena in court testimony. He further claimed that the information had not developed into actionable intelligence and was initially treated cautiously.

The defence also argued that although the former Defence Secretary was informed of the intelligence, he had no authority to deploy the military or impose emergency measures, and that the allegations did not amount to direct involvement in the attacks.

It was further submitted that no evidence or commission report had established any link between Hemasiri Fernando and the perpetrators of the attacks.

On the prosecution side, Additional Solicitor General Sudarshana de Silva argued that the accused had failed in his duty despite being aware of credible intelligence and therefore should be held criminally liable for negligence.

The Attorney General has filed indictments alleging criminal negligence and aiding and abetting in connection with the Easter Sunday bombings, which killed hundreds of people.

The High Court proceedings were reopened following a Supreme Court ruling that overturned an earlier acquittal and ordered the case to be reconsidered with defence evidence.

The verdict in the related case against former Inspector General of Police Pujith Jayasundara has also been scheduled for July 31.