Pujith, Hemasiri released on bail

9 July 2019 11:39 am - 10     - {{hitsCtrl.values.hits}}

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Former IGP Pujith Jayasundera and former Defence Secretary Hemasiri Fernando were ordered to be released on bail by the Colombo Chief Magistrate.

They were released on one surety bail of Rs. 500,000 for each.

Delivering a lengthy order with regard to the maintainability of the case under Section 296 of the Penal Code and granting bail over the suspects, Chief Magistrate Lanka Jayaratne held that there was no sufficient evidence against the suspects to constitute the murder charge under Section 296 of the Penal Code.

The Magistrate considered that the failure to react based on the information received over the terrorist attack was not amounting to an omission, which was so imminently dangerous that it must in all probability caused deaths under Section 294(4) of the Penal Code, therefore did not constitute the intention of the murder charge.

The Chief Magistrate also considered the inclusion of Section 298 (criminal negligence) against the suspects over their alleged omission and said that such inclusion was also questionable to maintain in the 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 that the court cannot see, through the facts before court, over any close proximity in connection with the alleged omission of the suspects, as public servants and the Easter Sunday terrorist attacks. (Shehan Chamika Silva)

 

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  Comments - 10

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  • TJ Tuesday, 09 July 2019 01:21 PM

    The AG is trying to make a mountain out of a mole hill. By ordering the arrest of the high ranking officials without adequate evidence is a deplorable act and needs to be condemned.

    ANTON Tuesday, 09 July 2019 01:24 PM

    "WE KNEW EASTER ATTACK IN ADVANCE BUT WE DID NOT PUBLISH IT DUE TO THE FEAR OF LOOSING OUR FACE BOOK PAGES"

    Bandu W Tuesday, 09 July 2019 01:33 PM

    Bravo. Excellent analysis by the Magistrate. Hope the responsibility will be where the buck ends.

    SKM Tuesday, 09 July 2019 01:44 PM

    Aiyo Sirisena!

    Johan Tuesday, 09 July 2019 01:54 PM

    Can they go for a defamatory case against the Defence minister

    ravin Tuesday, 09 July 2019 02:11 PM

    Hmm......... why should they wash someone else's dirty linen. If learned magistrate found that there are no sufficient evidence to keep them in remand best is to release them. And stop someone's image building tactics.

    H.D.Gunaratne Tuesday, 09 July 2019 03:09 PM

    Peoples faith and trust on the judiciary upheld.

    Sarath Tuesday, 09 July 2019 03:19 PM

    Seems the real culprit wanted them arrested. Unfortunately he (MS) cannot be arrested until his term of office ends...

    lion Tuesday, 09 July 2019 03:35 PM

    This is how a magistrate should act. Though we are not lawyers she has indicated how she arrived at this decision on the basis of the law.Well done madam

    Ram Tuesday, 09 July 2019 04:12 PM

    Now Is the direction to arrest given by AG questionable. If Yes should he resign?


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