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AG’s Dept. asked to explain why no action taken on Zahran file
PCoI probing Easter Sunday attacks
By Rathindra Kuruwita
It was only three weeks after the Easter Sunday attacks that the Attorney General’s Department had paid attention to the file on NTJ leader Zahran Hashim, sent by Terrorism Investigation Division (TID) in early June 2017, seeking its advice, Deputy Solicitor General, Azard Navavi, on Saturday (05) told the PCoI probing the Easter Sunday attacks.
The witness, however, insisted that their delay could not be considered as having led to the attacks.
The PCoI had summoned a group of officers who handled Zahran’s file at the AG’s Department. Besides Navavi, State Counsel Malik Azeez also testified.
Chairman of the PCoI asked Navavi what the AG’s Department had done about the file on Zahran, sent by the TID for legal advice.
Navavi said that he had received the file on 07 June 2017 and he instructed Azeez, who was under him, to handle it.
Chairman of the PCoI: “Why did you assign Azeez? Was there a particular reason?
Navavi: “The file had two video clips of Zahran and his brother M.C. Zainee. These were in Tamil, that’s why I gave it to Azeez.”
However, the TID had sent Sinhala translations of what was said in the clips.
Chairman of the PCoI: “When did you pay attention to the file again?”
Navavi: “There was a meeting at the Presidential Secretariat, three weeks after the Easter Sunday attacks. The then head of the TID said they had sent a file on Zahran to us, for legal advice. Until then I had had no recollection of this file. Then I asked Azeez, who briefed me on it.’
Chairman of the PCoI again asked Navavi why he had entrusted the case to a Muslim officer.
Navai said that since the case was about Islamism, he believed it was better if a Muslim handled it.
Cross examining the witness, Shamil Perera, PC, asked if Easter Sunday attacks could have been prevented if he had taken action on the file before 21 April 2019.
Navavi insisted that he could not accept that claim.
Navavi said: “This idea became popular because it came up before the Parliament Select Committee (PSC) on Easter Sunday attacks. People started believing that if action had been taken on the file, the attacks could have been prevented. However, the investigators had not told us enough although they had ample evidence about the threat posed by Zahran to national security. So, I don’t think it’s fair to link a delay about this file to the attack. If they didn’t arrest someone for two years after obtaining a warrant, that’s not our fault.”
State Counsel Malik Azeez, who testified earlier, said that on March 12, 2019 there had been a meeting with several TID officers on the file and only at that point had the officers mentioned that the TID obtained arrest warrants twice to arrest Zahran.
“The arrest warrants were not attached to the file or the AG’s Department had not been informed of it until March 2019,” he said.
Azeez informed the Commission that the TID had added documents to the file twice, in 2017 and 2018. None of them included the two arrest warrants or statements recorded from Zahran’s mother and his wife.
Without such important documents, the AG’s Department officials could not detect a threat to National Security, Azeez said.
“The TID sent only some screen shots of the NTJ website and some speeches of Zahran’s brother. Along with the file the TID had attached a letter requesting legal advice on banning the NTJ website, Zahran’s Facebook account and arresting him. No proper inquiry had been conducted and there were no supporting documents. Until the consultation meeting on March 12, 2019 we had not been aware that the TID had obtained arrest warrants twice against Zahran.”
The next witness was Deputy Solicitor General Dileepa Peiris. He that a moulavi, from a group that was attacked by NTJ members at Alliyar Junction on 10 March 2017, had handed over to the AG’s Department a letter highlighting the issues they were faced with.
Peiris said he had called the OIC of Kattankudy Police on 09 November 2017 for a discussion on the issue.
“I asked him what they were doing. By that time Zahran and his supporters had fled Kattankudy. I felt that the OIC was under political pressure and was hesitant to tackle action.
Chairman of the PCoI showed Peiris the files the TID had sent to the AG’s Department on Zahran.
Chairman: “Can you tell me if you feel that this man posed any threat to national security?”
“It seems so. This is on extremism,” Peiris said.
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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.
