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Shani sees no solid evidence about foreign hand in Easter carnage
By Rathindra Kuruwita
The CID had not received concrete evidence of a foreign hand behind the Easter Sunday bombings until he was removed from the CID in November 2019, former CID Director Shani Abeysekera on Monday night told the PCoI investigating the Easter Sunday attacks.
Abeysekera, who is under remand custody, and is currently receiving treatment at Ward 42 of the National Hospital, following a heart attack, testified via Skype. He had earlier contracted COVID-19.
Abeysekera is in remand custody for allegedly fabricating evidence against former DIG Vass Gunawardena.
The Attorney General’s Department officials questioned him first on the killing of two policemen at a road block in Vavunativu and then asked him about the attacks on Mawanella Buddha statues. Abeysekera said that the police had realized the killing of two policemen in Vavunativu had been carried out by the Islamists only after the Easter Sunday attacks.
Abeysekera: “The act of vandalising the Buddha statues took place on 23 December 2018. The investigation was handed over to CID CI Janaka Marasinghe and others. I also went to Mawanella on 26 December.
The Kegalle police had arrested three suspects but failed to hab two brothers, Sadiq and Shaheed Abdul-Haq, who were the main suspects.”
Senior State Counsel: “Did you go to Mannar on 15 January 2019 for an official purpose?
Abeysekera: “A reliable informant told us that Sadiq and Shaheed were about to leave the country by boat from Mannar. So, I went there on 15 January but information was false. But I asked the informant to be vigilant.”
Senior State Counsel: “The following day, i.e. 16 January, there was a detection of explosives in a Jihadist training camp at Wanathawilluwa?”
Abeysekara: “Yes, Marasinghe and his team had made that detection. After I was told that there were explosives, I told them not to search after dark. Former SDIG of CID was then informed and through him STF was deployed there.”
The AG’s Department representative then told Abeysekara that the CID had informed the court of the detection of explosives and the arrest of four suspects only on 31 January 2019, two weeks after the detection.
Abeysekara told the PCoI that there had been a delay but he had no idea why Marasinghe had taken two weeks to inform the court. Around 8,000 investigations were being carried out by the CID at the time and he was not able to oversee all of them.
A Commissioner: “Then who is responsible?
Abeysekara: “CI Marasinghe was in charge of the investigation. So, he is responsible.”
A Commissioner: “There are senior officers above Marasinghe. Don’t they also have a responsibility?”
Abeysekara: “They do have.”
Senior State Counsel: “Did you ever tell Marasinghe not to take notes of the Mawanella investigation?”
Abeysekara: “No, but even if I had done so, he should not have don so. Without notes, how can he prove that he did an investigation? “
A commissioner then asked Abeysekara whether he had received information about a foreign involvement in the Easter Sunday attacks while he was serving in the CID.
Abeysekara said that on certain occasions there had been some information hinting at a foreign involvement. However nothing concrete came up while he was heading the CID, the witness said.
Abeysekara: “Even foreign investigators were here. They couldn’t uncover anything either. Nothing concrete emerged. I don’t know if new evidence has surfaced now.”
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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.
