Former Defence Secretary Hemasiri Fernando has been sentenced to death by the Colombo Trial-at-Bar after being found guilty on several charges, including criminal dereliction of duty for failing to act on prior intelligence warnings that could have prevented the 2019 Easter Sunday terrorist attacks.
The judgment was delivered today by a majority decision of the three-judge bench. Judges Priyantha Liyanage and Tilakaratne Bandara found Fernando guilty and imposed the death sentence, while Judge Viraj Weerasuriya delivered a dissenting opinion, acquitting the accused.
Fernando was prosecuted alongside former Inspector General of Police (IGP) Pujith Jayasundara, following indictments filed separately by the Attorney General. The charges included criminal negligence, dereliction of duty and other offences stemming from their alleged failure to act on intelligence information warning of the imminent Easter Sunday attacks.
The case had previously been dismissed on February 18, 2022, when the then Trial-at-Bar acquitted both accused without calling for their defence after the prosecution concluded leading its evidence.
The Attorney General appealed the acquittal to the Supreme Court, arguing that it was contrary to law. The Supreme Court allowed the appeal, ruling that the Trial-at-Bar had erred by acquitting the accused without requiring them to present their defence.
The apex court set aside the acquittal and ordered a retrial, paving the way for the fresh proceedings that resulted in Friday's majority verdict and the death sentence against former Defence Secretary Hemasiri Fernando.
