The Colombo Fort Magistrate’s Court on April 22 ordered the Criminal Investigation Department to present the progress of investigations on May 20 regarding suspects, including former State Intelligence Service chief Suresh Sale, who has been arrested and is in detention over several matters including misleading investigations related to the Easter Sunday terrorist attacks.
This order was issued by Colombo Fort Magistrate Isuru Neththikumara after considering submissions made by Additional Solicitor General Dileepa Peiris, who appeared for the CID, and the lawyers of the suspect.
When the case was taken up, suspect Suresh Sale, who is being detained under the Prevention of Terrorism Act, was produced before the court under heavy security.
Presenting facts before court, Additional Solicitor General Dileepa Peiris stated:
“Your Honour, this investigation is the turning point of the investigations into the Easter Sunday terrorist attacks. The seventh anniversary of the Easter attacks was commemorated on the 21st. However, we will not allow an opportunity to mark the eighth anniversary. We will arrest all those responsible within this year.
In 2015, a new President came to power. Maithripala Sirisena became President defeating the Mahinda Rajapaksa administration. Thereafter, on October 12 of that year, Pillayan was remanded over the murder of MP Joseph Pararajasingham. Subsequently, new investigations were launched into the murder of Lasantha Wickrematunge, the abduction of Prageeth Eknaligoda, and the assault on Upali Tennakoon, as well as harassment of a large number of journalists. During those investigations, those arrested were military intelligence officers of this suspect Suresh Sale.”
“This suspect had maintained an attack unit. It was maintained to protect politicians. Then in October 2018, a 52-day government came to power. On December 13, 2018, the Supreme Court ruled that government illegal. After that, incidents of attacks on Buddha statues occurred in Kegalle District. Military officers complained that Islamic extremists were involved. During this time, two police officers were killed in Vavunathivu. A person named ‘Ajantan’ was arrested for that murder. That was done to conceal the involvement of Zaharan Hashim’s group in those killings and to prevent investigations going towards Zaharan Hashim’s group. Later attempts were made to show that those killings were carried out by the LTTE. Then the Easter attack occurred. Within days after the attack, a person named Gotabaya Rajapaksa announced that he would contest the presidential election. Both Zaharan and Gnanasara factions were maintained by military intelligence.”
Further stating, he said:
“Your Honour, there is an attempt to arrest a military intelligence member named Kaleel, who gave a statement regarding this incident, by planting a hand grenade and a pistol at his house. This is being prepared through the Police Special Task Force. Behind this is a group of military intelligence. Officer Varuna Jayasundara, who was in charge of the STF, is also involved. He is a participant in this conspiracy.”
At this point, the Magistrate questioned:
“This is a serious situation. There is a delay in investigations into the Easter attack. However, the court is satisfied with the progress so far. If any witness has been influenced, the court will pay attention to it. Therefore, that issue must be resolved first. Have investigations revealed that Varuna Jayasundara influenced this witness?”
Responding, the Additional Solicitor General said:
“There is no direct evidence regarding that. Further investigations are being carried out.”
The Magistrate stated:
“When presenting facts to court, all parties must present verified facts. It is very important for justice. Allegations must be proven beyond reasonable doubt. Otherwise, the charges may fail and justice for victims may not be achieved.”
Further, the Additional Solicitor General stated:
“After the Easter attack, an explosion occurred in Sainthamaruthu and 16 people died. However, the ‘B report’ submitted to court stated 17 deaths. Later, an identity card of a person named Sara Jasmine was found on a table at the blast site. Two DNA reports stated she had not died. Despite that, a third DNA report was obtained using a bone fragment claiming she had died.”
The Magistrate then asked about progress in obtaining a statement from Asaad Maulana, as previously ordered by court.
The Additional Solicitor General responded that the person is currently living in France and efforts are being made to obtain a statement via Zoom through the Sri Lankan embassy.
The Magistrate questioned why he is hesitant if he made statements for justice.
The response was that he is hesitant due to concerns for his life.
The Additional Solicitor General then requested the court to order the Army Commander and the head of military intelligence to support investigations, stating that when military officers are named as suspects, legal fees are paid from army funds and cooperation is not given.
The Magistrate rejected this request, stating:
“The army is a government institution and must stand with the Attorney General. They cannot appear separately for suspects. That would be illegal. There is no need to issue such an order. The Attorney General has authority to issue such orders. Issuing such an order would undermine that authority. However, if any group acts against court orders, action can be taken for contempt of court.”
Then, defense lawyer Asith Siriwardena stated:
“The allegation that my client maintained an attack unit is completely false. At the time of those incidents, he was abroad. He became Director of Military Intelligence in 2011. The statements made by Asaad Maulana are completely false and made to obtain political asylum abroad. He has also said Sri Lankan courts are corrupt. Therefore, I request that this investigation be handed over to another police unit outside the supervision of CID Director Shani Abeysekara.”
He also said a written submission would be presented and that the suspect intends to make a statement before the Magistrate under Section 127 of the Criminal Procedure Code.
The Magistrate stated that the request to make a statement should be reconsidered and presented on the next date, and that a previous order had already been given regarding transferring the investigation.
However, he said a future order would be issued after considering written submissions.
The case was postponed to May 20, and the CID was ordered to report progress.
The court also permitted the continued detention of Suresh Sale under detention orders.
Additionally, the Additional Solicitor General stated that Udaya Gammanpila, who claimed to appear for the suspect, had published a book on the Easter attack.
He said publishing a book using such material while representing a suspect is a violation of legal ethics.
The Magistrate stated that only the suspect can decide who represents him, but publishing a book using case-related information while appearing for a suspect would violate legal ethics.
Defense lawyer Asith Siriwardena said Udaya Gammanpila had visited his client once at the CID but is no longer representing him.
