Police ordered to obtain former SIS Director’s mobile phone

The Presidential Commission probing Easter Sunday attacks today ordered the Police unit attached to it to obtain the personal phone used by former State Intelligence Service (SIS) Director Senior DIG Nilantha Jayawardena which he used to record his conversations with senior security officials regarding the incident.

The direction was made to Director of Police Unit SDIG Mahesh Welikanna after listening to a recorded phone conversation between Mr. Jayawardena and former Defense Secretary Hemasiri Fernando at the end of April, 2019.

The following phone conversation was recorded by Mr. Jayawardena after appointing the Malalgoda Committee by former President Maithripala Sirisena on April 21, 2019 tasked with investigating the causes and background for the coordinated terror attacks.

Mr. Jayawardena informed the Commission that after recording the following conversation which he had with former Defence Secretary Hemasiri Fernando, he had transferred it to his laptop and to a Compact Disk (CD).

Meanwhile, the Commissioners had also directed the Police Unit to send the recorded conversation to the Government Analyst's Department for further inspection and obtain a report.

After hearing the submissions made by Counsel Dilshan Jayasuriya and Anura Meddegoda PC who appeared for former Defence Secretary Hemasiri Fernando and former IGP Pujith Jayasundara, the Commissioners had also decided to obtain the personal phone used by SDIG Jayawardena to record the conversation.

During the submission, Counsel Dilshan Jayasuriya appearing on behalf of Mr. Fernando requested the commission to send the particular personal phone used by SDIJ Jayawardena, to the Government Analyst's department for further inspection.

"The recording device is essential and that has also to be investigated. The Laptop is only the secondary device which the witness had used to store these recordings," Counsel Jayasuriya said.

The Counsel also pointed out that there may be some vital documents which SDIG Jayawardena had not submitted to the Commission yet.

"Not only the private phone, Mr.Jayawardena might have used his official phone to record certain conversations which he had with senior government officials. What if he had recorded a conversation which he had with former President Maithripala Sirisena. I believe this witness is providing selective evidence with regard to the investigation, " Counsel Jayasuriya said.

Meanwhile, Anura Meddegoda PC appearing on behalf of former IGP Pujith Jayasundara further added that according to the Commission's mandate, it has to inquire and investigate everything without following a selective manner.

However, a representative from the AG's department made objections towards the following requests made by the two Counsels saying that handing over the witness's phone to the commission would be opening the flood gates to other personal matters. 

Phone conversation which former SIS Director Nilantha Jayawardena had with former Defence Secretary Hemasiri Fernando after Easter Sunday attacks -

The recording starts with SDIG Jayawardena explaining to Fernando about the intelligence that SIS would share among senior officials like the Defense Secretary. The SIS would share only operational intelligence with the Defense Secretary.

Given below are selected excerpts of the conversation between Jayawardena and Fernando.

Jayawardena: Sir, the voice cut which you gave to media after the attack, where you say that you had received prior warnings of the attacks but you didn't expect this much of damage and you didn't take the matter seriously. This showed that information had not been passed to superiors.

Fernando:Yes, I didn't tell it to my superiors. When they asked, I told them that I didn't, and had returned from a session from the Malalgoda Committee said.

Jayawardena : Don't worry about it. People are attacking me and the SIS. They are calling me a henchman of President Maithripala Sirisena. They want to remove me from the position. But I have done my job as the SIS Director.

Fernando : I told about the intelligence to Sisira (former CNI.) He should have told that to IGP (Pujith Jayasundara.)

Jayawardena : When this matter was taken up on April 09, this intelligence wasn't taken seriously. If they took it up seriously, this wouldn't have happened. I informed everyone.

When I sent the intelligence report to the CNI, I was expecting further instructions and advices from him. I didn't get any advice and I sent my officers and found out information. On April 09 all information I had was sent to the IGP.

Fernando : You had sent everything? I didn't know that. Me not telling President Sirisena had become a problem. Pujith also said so.

Jayawardena : People also ask me but its not up to me to inform the President. And there is no point telling the President or the Prime Minister. What can they do? They can't put road blocks. I have told officials who can take necessary action. On April 20 I said hotels were targeted and I told CNI to put some people and to check hotels. I can only advice but I can't instruct.

Fernando : Will it be a problem for me because I had not given him specific instructions?

Jayawardena : What can you say? Do you know where to put road blocks. People with experience must do it. IGP knows what to do. So you have done your job. The rest is up to the IGP.

Fernando : If you had given me instructions on what to tell the IGP, I could have given him more specific information.

Jayawardena : I don't need to say. And neither do you. The IGP should know what to do. (Yoshitha Perera)