Sunday, 19th September 2021

IGP Jayasundara and former Defence Secretary Fernando released on bail

Colombo, Jul 10(BAN/CD): Colombo Chief Magistrate has ordered the bail for IGP Pujith Jayasundara and former Defence Secretary Hemasiri Fernando.

The duo were released on one surety bail of Rs 500,000 each.

Under Section 296 of Penal Code, Chief Magistrate Lanka Jayaratne held that there was no sufficient evidence against the suspects to constitute the murder charge, delivering a lenghty order with regard to upholding the Section 296 of the Penal Code.

The Magistrate considered that the failure to react based on the information received over the terrorist attack was not amounting to an omission, which was so imminently dangerous that it must in all probability caused deaths under Section 294(4) of the Penal Code, therefore did not constitute the intention of the murder charge.

The Chief Magistrate also considered the inclusion of Section 298 (criminal negligence) against the suspects over their alleged omission and said that such inclusion was also questionable to maintain in the criminal inquiry as there was no cogent evidence to prove such negligence on their part, according to a report by Daily Mirror.

The report further added, that the Court also considered the remoteness of the incident and the suspects’ alleged omission to determine the ‘causal relationship’ with the incident and said that the court cannot see, through the facts before court, over any close proximity in connection with the alleged omission of the suspects, as public servants and the Easter Sunday terrorist attacks.

 

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