Appeal filed  by Hemasiri and Pujith over their detention; CA issues notice on AG


By Chitra Weerarathne

The Court of Appeal yesterday issued notice on the Attorney General, returnable on November 26. This notice is in respect of an Appeal Application filed by suspended IGP Pujith Jayasundara and the former Secretary Defence Hemasiri Fernando, remanded by a High Court order.

Earlier, the Colombo Magistrate granted them bail. The Attorney General filed a revision in the High Court and had the suspects remanded. They have appealed to the Court of Appeal.

Yesterday, Deputy Solicitor General Dileepa Pieris told the Court of Appeal that the Secretary to the Ministry of Defence had not conveyed the warning of danger issue by foreign sources by April 4, 2019. On April 9, 2019, there was a meeting of security services officials but Hemasiri Fernando the Secretary to the Defence Ministry did not inform them of the warning given by foreign counterparts. Fernando did not respond properly to the warning of danger from foreign authorities.

The Deputy Solicitor General appeared for the Attorney General, at the application for bail filed in the Court of Appeal by the former Secretary Defence and the IGP Pujith Jayasundera.

Gamini Marapana, PC, appeared with Navin Marapana PC for Hemasiri Fernando. Anura Maddegoda PC appeared for Pujith Jayasundara, the IGP, who is on compulsory leave at present.

Gamini Marapana, PC, said that the presumption of innocence was in favour of the two suspects. Every person was considered innocent until proven guilty. Zaharan of the ISIS only had the intention to kill, but not the Defence Secretary or the IGP. There could not be a charge of conspiracy or aiding and abetting against the IGP and the former Secretary Defence.

 The bench comprised Justice Kumudini Wickramasinghe and Justice Priyantha Fernando.

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