• The three Judges observed that the Attorney General should have been  more observant when bringing criminal proceedings against the accused
• The evidence of former State Intelligence Chief Nilantha Jayawardena does not reveal any offences committed by the two  accused

By T. Farook Thajudeen  

The Colombo Trial-at-Bar bench in two separate cases acquitted the former Defence Secretary and the former IGP from the cases filed against them over the Easter Sunday terrorist attacks. 

Trial-at-Bar bench Judges Namal Balalle, Aditiya Patabendige and Mohamed Irshadeen in an unanimous decision acquitted former Defence Secretary Hemasiri Fernando and former Inspector General of Police (IGP) Pujith Jayasundera from all the charges filed against them by the Attorney General due to the prosecutions failure to prove the charges against the two accused beyond reasonable doubt.  

The three Judges observed that the Attorney General should have been more observant when bringing criminal proceedings against the accused.   

They also said that the evidence of former State Intelligence Chief Nilantha Jayawardena does not reveal any offences committed by the two  

accused. They further observed that the prosecution did not lead the evidence of National Intelligence Chief Sisira Mendis in believing that leading evidence of this witness would be unfavourable for the prosecution.  

The three Judges also said that the evidence of witness former State Minister of Defence Ruwan Wijewardena had established that the two accused were barred from taking part in the intelligence meeting due to political rivalry within the government.   The Judges further held that the remarks alleged to have been made by Sisira Mendis over informing the intelligence reports received to the hierarchy would put them in unnecessary situations, should be considered seriously.  

They also said that even though the prosecution had listed 1,216 witnesses, only six witnesses had given evidence.  

Senior Deputy Solicitor General Dileepa Peiris represented the Attorney General. 

• Eventhough the prosecution had listed 1,216 witnesses, only six witnesses had given evidence