Hemasiri Fernando sentenced to death over Easter Sunday attacks

Sri Lanka’s former Defence Secretary Hemasiri Fernando was sentenced to death today (July 31) after a majority of a three-judge Colombo High Court bench found him guilty of failing to prevent the 2019 Easter Sunday terrorist attacks despite receiving prior intelligence.

The Colombo Permanent High Court Trial-at-Bar found Fernando guilty of murder and attempted murder through criminal negligence, failing to perform his official duties and aiding and abetting murder.

The case was heard before a three-judge High Court bench comprising Judges Priyantha Liyanage, Viraj Weerasuriya and Thilakaratne Bandara.

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

The majority judges said the then Director of the State Intelligence Service, Nilantha Jayawardena, had informed Fernando on the evening before the attacks that a terrorist attack was expected to take place the following day.

However, Fernando, who was serving as Defence Secretary at the time, had taken no action to prevent the attacks, the judges said.

They said Fernando could have convened an intelligence meeting to discuss the measures that needed to be taken.

He also had the authority to consult the tri-forces and take the necessary steps to prevent the attacks, but failed to do so, according to the majority verdict.

The judges said Fernando had been fully aware that the attacks could result in deaths but had still taken no action to prevent them.

Accordingly, the majority judges found him guilty of neglecting his official responsibilities and aiding and abetting murder.

However, Judge Viraj Weerasuriya, delivering the minority verdict, said the prosecution had failed to prove the charges against Fernando beyond reasonable doubt.

He therefore ruled that Fernando should be acquitted and discharged.

Nevertheless, based on the decision of the majority of the judges, Fernando was sentenced to death.

The attacks were carried out on April 21, 2019, targeting churches and hotels on Easter Sunday.

The same court also sentenced former Inspector General of Police Pujith Jayasundara to death today over the same charges.

The latest ruling follows an earlier decision delivered on February 18, 2022, when the Colombo High Court acquitted Fernando and Jayasundara in the case filed against them over their alleged criminal negligence in failing to prevent the attacks despite receiving prior intelligence.

That acquittal was delivered unanimously by a three-member High Court bench comprising Judges Namal Balalle, Aditya Patabendige and Mohamed Irshadeen.

However, the Attorney General later appealed against the decision.

Following an order issued by the Supreme Court, the case was reopened to record evidence from the defence.