AG can indict State officials who fail to assist Easter attack probe: Court

By Bhagya Silva

Colombo, April 22 (Daily Mirror) - While emphasizing over the investigations conducted into the Easter Sunday bomb attacks, Colombo Fort Magistrate Isuru Neththikumara said that all State officials, including the Army Commander and the Director of Army Intelligence, must extend their support to the Attorney General in the investigations being carried out in relation to retired Major General Suresh Sallay, who has been arrested under the Prevention of Terrorism Act and is being detained and questioned by the Criminal Investigation Department (CID).

The Magistrate further pointed out that legal action could be instituted on indictments against any State official who fails to extend such support to the Attorney General.

The Magistrate made these observations upon considering a request by Additional Solicitor General, President’s Counsel Dileepa Peeris, who appeared for the complainant, seeking an order directing the Army Commander and the Director of Army Intelligence to assist the investigations into the incident conducted by the CID.

The Magistrate rejected a request by Counsel Asith Siriwardena, who appeared for Suresh Sallay, seeking that the investigations be conducted under any officer other than Director of the CID, Senior Superintendent of Police Shani Abeysekara, or under any other division of the Police. The Magistrate emphasized that the Court is satisfied with the manner in which the investigations are being conducted.

Additional Solicitor General Dileepa Peeris, appearing with the CID, informed Court that although the seventh commemoration of the victims of the suicide bomb attacks carried out on Easter Sunday was held on the 21st, steps would be taken to bring all persons connected to the incident before the law prior to the eighth commemoration next year.

When the case was taken up, the suspect Suresh Sallay, who is being detained under detention orders issued by the Secretary to the Ministry of Defence and questioned under the custody of the CID, was produced before court by CID officers. Two police officers who have been remanded in connection with the incident were also produced before court by Prison officials.

Additional Solicitor General Dileepa Peeris, appearing for the complainant with Senior State Counsel Oswald Perera, informed court that in terms of the order made by court on the previous date, a detailed report containing facts establishing the involvement of the two remanded police officers in this incident has been filed. He further submitted that this is not an incident relating to the killing of two police officers at Vavunathivu and that there is information revealing that a conspiracy relating to this crime, which was committed in 2019, has existed from 2015 up to date. He stated that the route to reach Zahran Hashim through a person known as “Gaffoor Mama” had been obstructed due to the continuing conspiracy and further revealed that there had been a conspiracy to conceal the individuals connected to the crime and shift the blame onto the Tamil community.

He also pointed out that statements have been recorded from 105 persons, including Senior Deputy Inspector General Jayasundara, and that investigations have revealed that the individual known as “Gaffoor Mama,” who had been arrested over the incident, had been released without instructions from a superior officer.

At this stage, Magistrate Isuru Neththikumara, addressing Court stated that this is not a game and that highly sensitive matters are involved. He emphasised that the facts presented to ensure justice must be capable of being proved beyond reasonable doubt, and that if such proof is not possible, victims may ultimately be prejudiced. He instructed investigating officers to conduct the investigations while bearing this in mind.

Additional Solicitor General Dileepa Peeris informed court that one Asad Maulana is currently in France and that steps are being taken to record his statement via Zoom after bringing him to the French Embassy.

The Magistrate questioned why he is reluctant to appear before officers, to which the Additional Solicitor General replied that it is for his security.

The Magistrate further stated that the court is satisfied with the facts relating to identifying churches in the Negombo area, but observed that the facts relating to the incident at the Batticaloa Prison remain contentious.

The Additional Solicitor General further stated that on every occasion where legal action has been taken against Army intelligence officers, State institutions themselves have borne the expenses and appeared on their behalf, and therefore requested an order directing the Army Commander and the Director of Army Intelligence to support the CID investigations into the Easter attacks.

The Magistrate, responding, stated that all State officials including the Army Commander and the Director of Army Intelligence must support the Attorney General in these investigations, and that once a State official becomes a suspect, he becomes a person against the State, and no officer of any State institution can appear on his behalf. He further stated that the Attorney General is the chief legal officer of all State institutions, and therefore there is no necessity to issue specific orders directing officials to assist, and that indictments can be filed against any State official who fails to assist.

Counsel Asith Siriwardena, appearing for the suspect, submitted that his client was appointed Director of State Intelligence only in October 2019 and was not holding that position at the time of the Easter Sunday bomb attacks. He further stated that his client has no connection whatsoever to the alleged killing of 79 persons in relation to the Easter Sunday bomb attack investigations.

He also informed court that his client is being detained in a cell measuring six-and-a-half feet in length and four feet in width and that as a result his mental condition, eyesight and nutritional condition have deteriorated. He therefore requested that an order be made to produce his client before a Judicial Medical Officer and to be examined by psychiatric, ophthalmic and nutrition specialists. He further sought permission for his client to make a confession before the Magistrate.

The Magistrate ordered that if the suspect is prepared to make a confession, an appropriate request be made on the next date. The Magistrate also directed that the suspect be produced before the Judicial Medical Officer and relevant specialists in respect of his medical conditions.

The Magistrate granted permission to the CID to continue to detain and question the suspect Suresh Sallay under detention orders and directed the CID to report the progress of investigations when the matter is next called on May 20.