insufficient Facts for murder charges Against ex-IGP, ex- Def. Secy

• Both were released on bail by the Court

By Shehan Chamika Silva  

Former IGP Pujith Jayasundara and former defence secretary Hemasiri Fernando were each released on a surety bail of Rs.500,000.  

Colombo Chief Magistrate Lanka Jayaratne delivering a lengthy order with regard to the maintainability of the case under Section 296 of the Penal Code held that there was insufficient evidence against the suspects to constitute a murder charge.  

The Magistrate considered the failure to act based on the information received on the terrorist attack does not amount to an omission which is so imminently dangerous that it must in all probability cause death under Section 294(4) of the Penal Code, does not constitute the intention of the murder charge.  

There was insufficient evidence against the suspects to constitute a murder charge

The Chief Magistrate also considered the inclusion of the Section 298 (criminal negligence) against the suspects on their alleged omission and said such inclusion was also questionable to maintain in this criminal inquiry as there was no cogent evidence to prove such negligence on their part.  

The Court also considered the remoteness of the incident and the suspects’ alleged omission to determine the ‘causal relationship’ with the incident and said the court could not see the facts in court as having any close proximity to the alleged omission of the suspects as public servants and the Easter terrorist attack. 

• The inclusion of the Section 298 (criminal negligence) against the  suspects on their alleged omission was also  questionable