brand logo

Ex-Intel Chief to not be called as witness

15 Dec 2021

  • AG informs Easter attacks Trial-at-Bar
  • Ex-Defence Secy. Hemasiri’s counsel urges Mendis’ testimony 
    BY Buddhika Samaraweera Former Chief of National Intelligence (CNI) Sisira Mendis, who has been named as the third witness in the case filed by the Attorney General (AG) in the Colombo High Court Trial-at-Bar against former Defence Ministry Secretary Hemasiri Fernando for his alleged failure to take action to prevent the Easter Sunday terror attacks of 21 April 2019, will not be called as a witness, the AG’s Department informed the court yesterday (15).  Taking into account the explanation given by President’s Counsel (PC) Shanaka Ranasinghe, who appeared on behalf of Mendis, Deputy Solicitor General (DSG) Sudarshana De Silva informed the court that Mendis will not be called as a witness. The case was taken up before the Trial-at-Bar comprising Judges Namal Balalle, Adithya Patabendige, and Mohamed Irshadeen, and Mendis appeared before the court to give evidence as per the summons issued by the court. Ranasinghe PC, who appeared for witness Mendis, told the court that although his client had come to testify, the latter was suffering from some health problem. DSG De Silva then informed the court that Mendis was currently receiving physiotherapy treatment and had given 600 pages of evidence over a seven-day period at the Presidential Commission of Inquiry (PCoI) into the said terror attacks. He therefore requested the court that medical reports of the witness be called in order to prevent the possible issues that may arise during the witness’s testimony. DSG De Silva also requested the court to call for a report from the Judicial Medical Officer (JMO) as it was not possible to ascertain the present health condition of the witness (Mendis). Mohan Weerakoon PC appeared for former Defence Secretary Fernando and he informed the court that there was no objection from the defendant to the summoning of Mendis for giving evidence as he (Mendis) was not mentally ill. Accordingly, the Trial-at-Bar, after considering the facts of both the parties, informed that it was possible to call the witness and adjourned the case till 12 noon yesterday, following which DSG De Silva, on behalf of the AG’s Department, informed the court that Mendis would not be called to testify. He also told the court that the Government Analyst's (GA) reports, autopsy reports and Judicial Medical Officer (JMO) reports pertaining to the attacks would be submitted to the court in the coming days. The case is to be taken up again on 18 January. On 21 April 2019, Easter Sunday, three churches (St. Sebastian’s Church in Katuwapitiya, St. Anthony’s Church in Kochchikade, and Zion Church in Batticaloa) and three luxury hotels in Colombo (Cinnamon Grand Colombo, The Kingsbury Colombo, and Shangri-La Colombo) were targeted in a series of co-ordinated suicide bombings. Later that day, another two bomb explosions took place at a house in Dematagoda and the Tropical Inn Lodge in Dehiwala. A total of 269 people excluding the bombers were killed in the bombings, including about 45 foreign nationals, while at least 500 were injured. All eight of the suicide bombers in the attacks were Sri Lankan citizens associated with the National Thowheeth Jama’ath (NTJ) organisation founded by one of the suicide bombers at Shangri-La Colombo, Mohamed Cassim Mohamed Zahran alias Zahran Hashim.  Later, the PCoI was appointed to probe into the said terror attacks and the PCoI, in its final report, has concluded that there is criminal liability on Mendis’s part as the then CNI, since he was aware of all the briefings on the activities of the Zahran-led group. Therefore, the PCoI has recommended that the AG consider instituting criminal proceedings against Mendis under suitable provisions in the Penal Code.  


More News..