ASG Dileepa Peiris reveals why Pujith, Hemasiri received death sentence

Former IGP Pujith Jayasundara and former Defence Secretary Hemasiri Fernando received death sentence on charges of abetting unlawful omission, Additional Solicitor General (ASG) Dileepa Peiris said.

Attending a ceremony held in Colombo, he further mentioned that the Attorney General's Department requested the death sentence against the defendants in relation to 855 charges related to abetting unlawful omission.

Expressing further views, the Additional Solicitor General said:

"New laws are made and new legal concepts emerge, but they exist in English.

Whether an ordinary citizen in Ampara knows that legal concept or whether the highest court in the country decided the remedy that can be taken if a fundamental right is violated is rarely reported by the media, forming a severe issue in communicating the law to the public.

A three-judge bench of the Colombo High Court gave a judgment two weeks ago containing a special feature regarding public official negligence concerning the Easter attack, which marked the first time in the history of the Attorney General's Department that such a case was filed.

Indictments numbering 855 were filed against the former Defence Secretary and former IGP regarding abetting through unlawful omission, where the death sentence was requested.

Leading the prosecution of the former IGP, information arrived on April 4, which was communicated in writing to him by the Head of State Intelligence on April 9, 2019, after which the former IGP sent that written message to four parties with the single note FNA (For Necessary Action).

If FNA is sent, the time arrived to stop it completely, especially regarding information of this nature, and while the outcome of this case in the Supreme Court in the future remains unknown, a court provided guidance.

According to the court, using FNA is only for exercising the discretion of lower officials where special attention need not be directed, meaning if that discretion is given by marking FNA for lower officials to act, primary responsibility falls on the individual if a crime occurs due to that omission.

In the FCID division currently under his charge, where criminal charges of fraud and corruption committed by politicians during various periods arrive, a main matter contained in those files is that the decision-making process was mostly carried out by public officials while politicians exercised caution not to place even a note on those documents.

If an unlawful order is given, complete responsibility must be taken, meaning there is no need to hesitate to note down from whom those instructions were received and who stated it.

The crime-solving process in the country remains extremely challenging, with the majority of society standing not with victims but with criminals and financial fraudsters who enter court strongly while victims have to remain in fear.

Just as the law is strengthened, the crime-solving process must be strengthened unconditionally without bowing to anyone's money power or clout, acting strictly within the framework of the principles of the law."