Former Defence Secretary Hemasiri Fernando sentenced to death

Former Defence Secretary Hemasiri Fernando was sentenced to death by a majority decision of a permanent three-judge bench of the Colombo High Court after being found guilty of failing to prevent the Easter Sunday terrorist attacks despite receiving prior intelligence, dereliction of duty, and aiding and abetting murder.

The case was heard today (31) before the three-judge High Court bench comprising Priyantha Liyanage, Viraj Weerasuriya and Thilakaratne Bandara.

Delivering the majority verdict, Judges Priyantha Liyanage and Thilakaratne Bandara found Fernando guilty on 854 of the 855 charges brought against him by the prosecution.

“On the evening before the Easter Sunday terrorist attacks, the then Director of the State Intelligence Service, Nilantha Jayawardena, informed the accused of the attacks that were due to take place the following day.

However, as Defence Secretary, the accused took no action whatsoever to prevent them.

He should have convened an intelligence meeting to discuss the necessary preventive measures. He also had the authority to consult the three Armed Forces and take the required steps to avert the attacks.

Nevertheless, he failed to take any such action. The accused was fully aware that the attacks could result in murders, yet took no measures to prevent them.”

Accordingly, the majority judges held that the accused was guilty of dereliction of duty and aiding and abetting murder.

However, delivering the dissenting judgment, Judge Viraj Weerasuriya held that the prosecution had failed to prove the charges against the accused beyond reasonable doubt.

He therefore ordered that the accused be acquitted and discharged.

Nevertheless, by virtue of the majority decision of the three-judge bench, Hemasiri Fernando was sentenced to death.

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