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Cardinal’s counsel questions Sirisena on numerous calls with SIS head
by Rathindra Kuruwita
A 159-second telephone conversation took place between former President Maithripala Sirisena and former Director of the State Intelligence Service (SIS) SDIG Nilantha Jayawardena from 7.59 a.m. on April 21, 2019, prior to the Easter Sunday bombings, the Presidential Commission of Inquiry (PCoI) investigating the Easter Sunday attacks was informed on Saturday.
It was also revealed that another telephone conversation on April 20, 2019 at 6.16 pm had also taken place between the two. Earlier it was revealed that around 20 telephone conversations had taken place between Sirisena and Jayawardena from April 4 to 21, 2019.
April 04, 2019 was the day when Jayawardena received a warning of a possible terror attack from a foreign counterpart.
The details of the calls were revealed when the former President was cross-examined by President’s Counsel Shamil Perera, appearing for the Archbishop of Colombo, Malcolm Cardinal Ranjith.
Perera asked the witness whether he had been in constant contact with Jayawardena over the phone. In response Sirisena said that he would not agree that there had been frequent telephone conversations between him and Jayawardena.
Perera then showed the former president a list of calls that had been place between Jayewardena and the former President from January 01 to March 31, 2019. The list contained over 200 calls. Sirisena, after referring to the document, said he did not remember such a large number of conversations with the former SIS Director.
“I do not even use a mobile phone. So, this document should be examined further,” Sirisena said.
When asked if the document contained details of calls from six telephone numbers at the former President’s official residence on Paget Road, Sirisena answered in the affirmative.
The document showed that a total of 221 telephone calls had taken place between Sirisena and Jayawardena from January to April 2019. Sirisena said he probably had not received all those phone calls.
“These are records of calls to and from my official residence or to the Presidential Secretariat. But I don’t think I answered all these calls. I would not have answered these calls if I had been at Cabinet meetings and other events and I was attending such meetings,” Sirisena said.
“Do you, as a practice, consult the former SIS Director on your security and the threats you had to face?” the counsel asked. Sirisena said that there were occasions when such consultations were made.
Perera then asked Sirisena whether Jayewardena had given him a call around 6.16pm on 20 April. Sirisena said he had been receiving treatment in a Singaporean hospital at that time and not even his personal security officers had access to him on that day.
Perera then said that the telephone records clearly stated that Sirisena had called the former SIS Director around 7.59am on 21 April, 2019 before the Easter Sunday attacks. Sirisena had earlier said that he first contacted Jayewardena only after the bombings.
The President’s Counsel told the Commission that despite Sirisena’s statement the phone records showed that Sirisena had made a large number of telephone calls on April 21 morning.
“I don’t know what is mentioned in this report but I was in hospital on the morning of April 21. It was not possible for me to make phone calls while undergoing treatment. I came back to the hotel and then heard about the attacks.”
Perera also said about seven telephone calls had been exchanged between Sirisena and the SIS Director after the bombings. The counsel said that a 133- second telephone call had taken place between Sirisena and Jayawardena on 21 April at 8.58 am, a 184-second telephone call at 9.13 a.m., and a 688-second telephone call at 1.10 p.m.
Perera also asked Sirisena how he had made these calls if he was feeling extremely sick.
“I was still weak but this was a serious development. I made a series of calls and advised all including the Prime Minister, the Inspector General of Police and the Tri- forces Commanders, to take necessary action,” Sirisena said.
Perera also asked how Sirisena had returned to Sri Lanka on the same night if his medical condition had been so serious. In response, the former President said that the relevant medical reports could be submitted to the Commission.
Perera also questioned Sirisena on a statement made by the former Director of the SIS, before the Commission, that between 10,000 and 15,000 people knew about the foreign report that the State Intelligence Service (SIS) had received on April 04, 2019 about a possible terrorist attack. Jayawardena said that by April 09, former IGP Pujith Jayasundara had informed the STF and the STF had about 5,000 personnel. The officers that provide security to VIPs too were informed. There were about 800 such officers.
The police in the Western Province too had been informed and there were about 8,000 such personnel, he said. Jayawardena said he had conveyed information about the possible attack to a number of senior officials, including former Defence Secretary, Hemasiri Fernando and CNI Sisira Mendis. Jayasundara had also forwarded the report to SDIG of Western Province, Nandana Munasinghe, SDIG crimes and STF M.R. Latif, DIG special protection range Priyalal Dassanayake and Director of the Terrorism Investigation Division, Waruna Jayasundara.
Sirisena said that although it might be true, his Chief Security Officer, DIG Rohan Silva had been unaware of it.
President’s Counsel: You were the President and Minister of Defence, none of the 15, 000 security personnel and other senior officials told you about the attack?”
Witness- “No one informed me.”
When Sirisena took over as President and Defence Minister he had been entrusted with the responsibility for protecting the people of the country by providing them security. However the attack showed that he had clearly failed in his duties, Counsel Perera said.
“I do not accept that. Terrorist attacks took place when other Presidents were running the country. No one asked this question from them,” Sirisena said.
Perera then asked Sirisena if he accepted that he had endangered the Catholic people by neglecting his responsibilities and that he had been trying to evade responsibility by blaming others.
Earlier former IGP Pujith Jayasundara told the PCoI that President Maithripala Sirisena on April, 24, 2019, had told him that if he took the blame for the Easter Sunday bombings, Jayasundara would be given a pension and an ambassador’s post to a country of his choice.
“I am deeply shocked about what happened but I am not finding any scapegoats,” Sirisena said, adding that he not believe that the report of the Parliamentary Select Committee which investigated the bombings on Easter Sunday was independent or accurate. “When I was asked to appear before the PSC, I did not go and instead, I informed them to come to the Presidential Secretariat and asked them to meet me if necessary. They came and recorded a statement from me. Former Army Commander, Field Marshal Sarath Fonseka a member of the PSC harbours animosity towards me. The same can be said about some other members of the PSC. I, therefore, did not accept the proceedings of that PSC,” Sirisena added.
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PCoI on Easter Sunday attacks:
By Shamindra Ferdinando
Attorney General Dappula de Livera, PC is not bound by recommendations made by the Presidential Commission of Inquiry (P CoI) into the 2019 Easter Sunday carnage, or presidential directives in that regard, according to authoritative sources.
They said that the AG couldn’t under any circumstances initiate legal proceedings until he had received the full PCoI report.
President Gotabaya Rajapaksa received the PCoI report on Feb 1. The President’s Office delivered a set of PCoI reports to Speaker Mahinda Yapa Abeywardena on Feb 23, a day after the report was presented to the cabinet of ministers. The Island raised the matter with relevant authorities in the wake of a section of the media reporting the PCoI recommending punitive measures against former President Maithripala Sirisena, Defence Secretary Hemasiri Fernando, IGP Pujitha Jayasundera, Chief of State Intelligence Senior DIG Nilantha Jayawardena, Chief of National Intelligence retired DIG Sisira Mendis and All Ceylon Makkal Congress (ACMC) leader and Samagi Jana Balavegaya MP Rishad Bathiudeen et al over the Easter Sunday carnage.
Sources pointed out that due to the inordinate delay in sharing the PCoI report with the AG, the department hadn’t been able to take preliminary measures required to initiate the proceedings. Sources said that a team of officers would take at least six weeks or more to examine the report before tangible measures could be taken.
With the AG scheduled to retire on May 24, 2021, even if the AG Department received the P CoI it would be quite a tough task to initiate proceedings ahead of retirement, sources said. However, in terms of the 20th Amendment to the Constitution enacted in last October, both the AG and the IGP could receive extensions beyond 60 at the President’s discretion.
Dappula de Livera received an Acting appointment as the AG a week after the Easter Sunday carnage whereas his predecessor Jayantha Jayasuriya, PC, was elevated to Chief Justice.
Responding to another query, sources said that the Attorney General two weeks ago requested Secretary to the President for a copy of the P CoI. However, the AG was yet to receive one, sources said. In spite of the AG not receiving a P CoI copy, the AG had instructed the IGP to obtain a copy of the report when he requested the police to complete investigations into the Easter Sunday carnage. The AG issued specific instructions after having examined police files pertaining to the investigations.
The IGP, too, hadn’t received a copy so far though some sections of the report were in the public domain.
Agriculture Minister Mahindananda Aluthgamage displayed at a live political programme on Derana a copy of the P CoI report he received at the cabinet meeting earlier in the day.
Sources said that the Attorney General’s Department couldn’t decide on a course of action in respect of the Easter carnage on the basis of a section of the report. In terms of the Commission of Inquiry Act (Section 24), the AG enjoyed significant powers/authority in respect of investigations; sources said adding that the Department urgently required both the P CoI report and police investigations report. The Attorney General’s Department has raised the delay in receiving a P CoI report amidst the Catholic Church attacking the government over the same issue.
Sources said that ministerial committee appointed to study the P CoI report couldn’t decide on how to proceed with the recommendations and the matter was entirely in the hands of the AG. Sources pointed out that the delay on the part of the government to release the report had received the attention of sections of the international media, including the New York Times. Public Security Minister retired Rear Admiral Sarath Weerasekera having met Malcolm Cardinal Ranjith at the Bishop’s House on Dec 8, 2020 said that the AG would get a copy of the P CoI report once the President received it. Minister Weerasekera said that the CID had handed over the relevant files after having completed investigations into eight blasts. Referring to the Parliamentary Select Committee (PSC) report on the Easter Sunday carnage, the former Navy Chief of Staff said that all such documents would have to be brought to one place and considered before initiating legal proceedings. Acknowledging that there could be delays, lawmaker Weerasekera said that on the instructions of the Attorney General a 12-member team of lawyers was working on the case. The minister vowed to expose the mastermind behind the Easter Sunday attacks. Investigations continued while some of those wanted were overseas, the minister said.
The minister acknowledged that the Attorney General couldn’t proceed without the P CoI report. Minister Weerasekera reiterated that once the President received the P CoI report, it would be sent to the Attorney General. The minister said that there were documents two to three feet high that needed scrutiny. The minister assured comprehensive investigation. The minister said that investigations pertaining to eight blasts had been completed and the reports handed over to the AG. However, the Attorney General had found shortcomings in those investigations.
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By Saman Indrajith
The Presidential Commission of Inquiry on the Easter Sunday bombings had failed to identify the mastermind of , the JVP said yesterday.
Addressing the media at the party headquarters in Pelawatte, JVP Propaganda Secretary MP Vijitha Herath said that the PCoI report had levelled accusations against former President Maithripala Sirisena, former IGP and head of intelligence for their dereliction of duty, shirking of responsibilities and not taking action to prevent the attacks and negligence. There were reference to the causes of the terror attacks and actions to be taken to avoid such attacks and the influence of extremist organisations. “However, there is no mention of the mastermind of the attacks, the handlers of the attackers and those whose interests the carnage served. It is also not mentioned whether there has been any foreign or local organisation behind those attacks. As per the PCoI report the attack took place as a result of culmination of extremism.
“According to the PCoI the extremist activities were a result of the prevailing political situation then. The entire nation was waiting to see who was responsible and who masterminded those attacks. The PCoI has failed to identify the true culprits responsible for the terror attacks. The report says that the leader of the suicide cadres killed himself in the attacks and it was a puzzle. That means those who are actually responsible for the attacks are still at large. The report does not provide exact details of the sources of the attacks. The PCoI had sittings for one year and five months. It summoned various persons and got their statements but it has failed to shed any light on the terror attacks. Everybody knows that the top leaders of the government and heads of security and intelligence establishments failed in their duties. Ranil Wickremesinghe was the second in command and he too is bound by the responsibility but the PCoI report fails to identify him as one of the persons against whom legal action should be instituted. The PCoI has treated Wickremesinghe and former President Maithripala Sirisena differently. We are not telling that this report is a total failure but we cannot accept this as a complete report. The PCoI handed over its report to the President on Feb 1. After 23 days it was sent to Parliament. Now, a copy of the report is there in the parliamentary library for the perusal of MPs.”
Herath said that the PCoI did not have powers to take punitive action. “It only has powers to name those responsible and recommend action to be taken against those named.
