Lawyers for Hemasiri, Pujith file motion in High Court countering statement by DSG



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Attorneys for former Defence Secretary Hemasiri Fernando and suspended IGP Pujith Jayasundera have countered statements made by Deputy Solicitor General Dileepa Peiris on Sept. 06, 2019, on the basis of an affidavit filed by Nilantha Jayawardena, Senior Deputy Inspector General of Police, Director-SIS, that the 1st suspect had received 97 intelligence reports from the State Intelligence Service (SIS) in connection with ISIS radicalization in Sri Lanka, Zaharan Hashim and the National Thowheed Jamath (NTJ).


The lawyers filed the motion, yesterday, in the Provincial HC of the Western Province.


Responding to DSG Peiris’ statement that the CID was investigating as to whether the 1st Respondent had conspired with Zaharan Hashim and the other members of the NTJ and whether the 1st Respondent had received financial gratifications from the said Zaharan Hashim and/or other members of the NTJ, by being on their payroll, the lawyers said that there was no factual basis and/or justification.


The court was told that the 1st Respondent had not received in any manner whatsoever, 97 intelligence reports from the SIS in connection with ISIS Radicalization in Sri Lanka, Zaharan Hashim and the National Thowheed Jamath (NTJ) as submitted by the Deputy Solicitor General.


"There is not an iota of evidence (in the B reports dated 04-06-2019, 02-07-2019 and 22-07-2019 filed before the Magistrate’s Court case no. B/11829/19, before the Parliamentary Select Committee established to probe the Easter Attacks, or any other forum/tribunal/court and/or in the public domain) for the Deputy Solicitor General to have alleged any sort of conspiracy between the 1st Respondent and Zaharan Hashim and/or other members of the NTJ and/or that the 1st Respondent had received any financial gratification from the said Zaharan Hashim and/or other members of the NTJ and thus the said allegation is factually incorrect, false and has been made with malice.


"The said Mr. Nilantha Jayawardena, Senior Deputy Inspector General of Police, Director, SIS, in his Affidavit dated 03-07-2019 filed in the Fundamental Rights application No. SC/FR/195/2019 (in document marked R2) has stated that the SIS has sent the 1st Respondent only 11 intelligence reports on the dates mentioned herein below in connection with ISIS Radicalization in Sri Lanka, Zaharan Hashim and the National Thowheed Jamath (NTJ), clearly contradicting the aforementioned submissions made by the Deputy Solicitor General.


·  05 Reports in November 2018


·  02 Reports in December 2018


·  01 Report in March 2019


·  03 Reports in April 2019 (after 21-04-2019)


 "Of the said 11 reports sent to the 1st Respondent, 03 reports have been sent only after the explosions occurred on 21-04-2019. The said affidavit clearly indicates that no reports were sent to the 1st respondent during the period 01-04-2019 and 21-04-2019.


"In view of the important and challenging positions the 1st respondent has held/is currently holding and/or his social position and/or his public image, the said statement has created a severe negative public opinion and has thereby caused irreparable and irremediable harm and/or damage to the reputation and/or goodwill of the Respondent".


 
 
 
 
 
 
 
 
 
 
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