Sallay’s counsel alleges CID ignored pre-Easter intelligence on Zahran

Glocal
By Editor_1
The Easter Sunday 2019 bombings devastated three churches and three hotels in Sri Lanka and left hundreds dead - AFP

COLOMBO – Counsel for former State Intelligence Service (SIS) Director Maj. Gen. (Retd.) Suresh Sallay on Tuesday (14) alleged before the Court of Appeal that critical intelligence on Easter Sunday bombing mastermind Zahran Hashim and his network had been shared with senior police officials before the 2019 attacks but was not acted upon by the Criminal Investigation Department (CID).

The submissions were made during the hearing of Sallay’s writ petition challenging his arrest and detention under the Prevention of Terrorism Act (PTA) over investigations into the 2019 Easter Sunday terrorist attacks.

The petition was heard before a bench comprising Justices Murdu Fernando and Priyantha Fernando.

President’s Counsel Sanjeewa Jayawardena, appearing for Sallay, argued that intelligence gathered by the State Intelligence Service had identified Zahran Hashim’s extremist activities well before the attacks, but the information was allegedly not communicated to the CID officers investigating incidents linked to Islamic extremism, including the Mawanella Buddha statue vandalism and the discovery of explosives at Wanathavilluwa.

The petition names the Inspector General of Police, CID Director Shani Abeysekara, officer-in-charge of the investigating unit Madhava Gunawardena, Public Security Ministry Secretary Ravi Seneviratne, CID Senior Deputy Inspector General Asanka Karavita, Rev. Fr. Rohan Silva and the Attorney General as respondents.

Continuing submissions on behalf of the petitioner, Jayawardena referred to findings of the Presidential Commission of Inquiry into the Easter Sunday attacks, chaired by Judge Janak de Silva, arguing that evidence before the commission showed Zahran Hashim’s group had initially planned to target the Kandy Esala Perahera to provoke communal violence before accelerating plans to attack churches after their hideout in Wanathavilluwa was uncovered by investigators probing the Mawanella Buddha statue vandalism.

He submitted that Police Inspector Marasinghe, who led the CID investigation into the Wanathavilluwa discovery, had testified before the commission that only five officers were assigned to the investigation despite the CID having around 700 officers.

Jayawardena further told the court that intelligence reports dated April 9 and April 20, 2019, warned of an imminent suicide attack and identified locations where Zahran Hashim and his associates were hiding. At the time, Ravi Seneviratne served as Senior Deputy Inspector General in charge of the CID, while Shani Abeysekara was the CID Director.

“Despite having this intelligence, what action did they take to prevent the attacks?” Jayawardena asked, arguing that those who had allegedly failed to act on the information should not now be investigating his client.

He also submitted that the then SIS Director Senior DIG Nilantha Jayawardena had forwarded multiple intelligence reports between January and April 2019 to then Inspector General of Police Pujith Jayasundara, with copies sent to Ravi Seneviratne. According to counsel, the reports contained information on Zahran’s extremist activities, support for ISIS ideology, and the whereabouts of members of the National Thowheeth Jama’ath.

Jayawardena further alleged that requests by investigators handling the Mawanella case to seek Interpol’s assistance were rejected by the CID leadership.

He also questioned why reports prepared by foreign investigative agencies, including the US Federal Bureau of Investigation (FBI), Britain’s Scotland Yard, Australia’s police and India’s Research and Analysis Wing (RAW), were allegedly not made available to officers conducting the local investigation.

Referring to an affidavit submitted by an FBI investigator in subsequent criminal proceedings, Jayawardena said it identified Zahran Hashim as the principal mastermind behind the Easter Sunday attacks.

He also cited the evidence of former CID officer Police Inspector Dias Padmasiri, who had reportedly told investigators he had not received intelligence from senior CID officials regarding Zahran Hashim or the National Thowheeth Jama’ath.

Jayawardena further criticized the CID’s handling of a statement obtained in France from Asad Moulana, arguing that Moulana was a person facing outstanding arrest warrants in Sri Lanka and questioning why he had not been arrested when investigators met him.

“When several international investigative agencies have concluded that Zahran Hashim was the principal mastermind, it is unfair to proceed against my client solely on the basis of Asad Moulana’s testimony,” Jayawardena told the court.

Deputy Solicitor General Suharshi Herath and Attorney Suren De Perera, appearing for the respondents, informed the court that they were recording preliminary objections to the writ petition, including objections to eight intervening petitions filed in the case.

The Court of Appeal fixed the matter for further hearing on July 17.

-ENCL

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