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Easter attack probes incomplete: AG says unable to file indictments before his retirement
Outgoing Attorney General (AG) Dappula De Livera has informed Inspector General of Police (IGP) Chandana Wickramaratne that he is unable to file indictments against any of the suspects arrested over the Easter Sunday terror attacks before his retirement on May 24 as police have not confirmed whether any of the investigations has been completed.
In a 130-page letter to the IGP, AG De Livera has also noted that investigation files pertaining to five of the 42 suspects arrested over the terror attacks are incomplete.
The AG has questioned whether any of the probes into the attacks has been completed and raised many other queries in respect of the investigations. The AG has also informed the IGP to verify evidence gathered against the suspects by the Criminal Investigation Department (CID) so that indictments can be filed speedily in High Court.
The letter notes that if indictments are filed based on uncovered evidence that turns out to be unverified, it could lead to serious problems with these cases. The AG has also pointed out that the CID had so far failed to inform the Magistrate’s Court that investigations into the attacks have been completed, a prerequisite to filing indictments as per the Code of Criminal Procedure.
The AG’s letter has pointed out that if indictments are filed against any accused while investigations are ongoing, major issues could arise if more evidence is presented while the trial is ongoing. As such, the AG has sought clarifications from the IGP whether investigations have been concluded.
Indictments have already been filed in the High Court on four cases related to the Easter Sunday attacks. They are the vandalism of religious statues in Mawanella (Kegalle High Court), detection of a haul of explosives in Wanathavilluwa (Puttalam High Court) and cases against former Defence Secretary Hemasiri Fernando and former IGP Pujith Jayasundara over negligence of duty (Colombo High Court).
However, the AG has noted that he is unable to file indictments against any of the 42 suspects arrested over involvement with the Easter terror attacks before his retirement as the CID has so far failed to report whether investigations have concluded. The task of indicting the suspects will fall to the incoming AG.
The 42 suspects are currently being held in remand custody. Indictments against them will be filed under the Prevention of Terrorism Act (PTA). Since all the Easter Sunday bombers died in the attacks, the suspects in custody will be indicted on charges of conspiracy, as well as aiding and abetting the attackers.