Death penalty for Pujith Jayasundara and Hemasiri Fernando due to negligence in Easter attacks

Former Inspector General of Police Pujith Jayasundara and former Secretary of Defence Hemasiri Fernando, who were found guilty of failing to prevent the Easter Sunday terrorist attacks despite receiving prior intelligence, dereliction of duty, and aiding and abetting murder, were sentenced to death by a majority of judges of the Permanent High Court Trial-at-Bar in Colombo.

In this case, heard before the three-member High Court Trial-at-Bar comprising Messrs. Priyantha Liyanage, Viraj Weerasooriya, and Thilakarathne Bandara, the majority judges, Priyantha Liyanage and Thilakarathne Bandara, found the defendants guilty. The verdict was announced over a period of more than four hours, and the minority verdict, declared by Justice Viraj Weerasooriya, stated that the prosecution had failed to prove the charges against the defendants beyond a reasonable doubt, and therefore they should be acquitted.

Announcing the majority verdict related to Mr. Pujith Jayasundara, Justice Priyantha Liyanage, the presiding judge of the three-member bench, stated: “Despite receiving prior intelligence that a terrorist attack was imminent on Easter Sunday, no steps were taken in that regard, and due to the dereliction of duty, 268 people died and another 586 people were injured. This defendant served as the Inspector General of Police of the country during the relevant period. The responsibility for protecting citizens and ensuring public safety was entrusted to him. However, on the evening of April 20, 2019, Mr. Nilantha Jayawardena, the then Director of the State Intelligence Service, provided intelligence to this defendant that a suicide attack was imminent on Easter Sunday at Catholic churches and tourist hotels in Colombo and its suburbs. Yet, he took no action to prevent that situation. As the officer appointed by the state to prevent crimes, he neglected his responsibilities.”

Furthermore, the majority of judges ruled that former Defence Secretary Hemasiri Fernando was guilty of 854 out of the 855 charges filed against him. Announcing that verdict, the judges pointed out: “On the evening of the day before the Easter Sunday terrorist attack, Mr. Nilantha Jayawardena, the then Director of the State Intelligence Service, had informed the defendant about the imminent attack the next day. However, as the Defence Secretary, the defendant took no action to prevent it. He could have convened an intelligence meeting to discuss the necessary steps. He also had the ability to discuss with the tri-forces and take necessary measures to prevent the attacks. However, he did not take any such action. Through this, the defendant, being well aware that murders could occur due to this attack, took no steps to prevent it.”

The Attorney General had filed separate cases against both individuals before the Colombo High Court Trial-at-Bar, leveling over 850 charges each, including criminal dereliction of duty and aiding and abetting murder. Although the High Court decided to acquit them in February 2022, even without calling for defense evidence, the Attorney General filed an appeal before the Supreme Court, stating that the decision was flawed. Following the Supreme Court's order to re-hear the case, the death penalty was thus imposed after the case was recalled.

Former Defence Secretary Hemasiri Fernando, who was sentenced to death, was born on October 12, 1949, and received his primary education from Seevali Vidyalaya in Borella and Nalanda College, Colombo. He obtained a special degree in Economics from the University of Colombo and joined the Sri Lanka Navy in 1972, serving up to the rank of Commander. Later, he worked in the tourism sector and authored three books on railways. In 1994, he served as the Prime Minister's Secretary and also as the Chairman of institutions such as Sri Lanka Telecom, Airport and Aviation Services, People's Bank, Independent Television Network, and the Board of Investment. From 1997 to 2018, he served as the President of the National Olympic Committee. In September 2018, he was appointed as Chief of Staff to President Maithripala Sirisena, and on December 21, as Secretary of Defence. He resigned on April 25, 2019, after the Easter attacks and was arrested by the CID on July 2.

The other defendant, former Inspector General of Police Pujith Jayasundara, joined the service as an Assistant Superintendent of Police in 1985 and was promoted to Superintendent of Police in 1991, Senior Superintendent of Police in 1996, Deputy Inspector General of Police in 2005, and Senior Deputy Inspector General of Police in 2010. He was appointed as the Inspector General of Police on April 20, 2016, after the retirement of Mr. N. K. Illangakoon. Following the Easter attacks, he was sent on compulsory leave by presidential order on April 29, 2019, and he filed a fundamental rights petition in the Supreme Court, claiming it was illegal. Testifying before the Parliamentary Select Committee on June 06, 2019, he revealed that the President had told him that he should not attend National Security Council meetings after October 23, 2018, as informed by then Defence Secretary Kapila Waidyaratne, and that the President had asked him to resign.

The Supreme Court, which heard 12 petitions filed by victims' relatives and other parties alleging that fundamental human rights were violated due to the failure to prevent the Easter attacks, ordered on January 12, 2023, that former President Maithripala Sirisena (Rs. 100 million), Pujith Jayasundara and Nilantha Jayawardena (Rs. 75 million each), Hemasiri Fernando (Rs. 50 million), and Sisira Mendis (Rs. 10 million) should pay compensation. Accordingly, Mr. Pujith Jayasundara completed paying the Rs. 75 million compensation ordered to him in 2024.

Meanwhile, on September 3, 2025, the Colombo Fort Magistrate's Court decided to acquit Mr. Pujith Jayasundara in the case filed against him regarding the attempted assault and threatening of an officer named A. H. Samarakoone Banda, an elevator operator at the Criminal Investigation Department, on April 11, 2017. He was acquitted from that case, stating that the defendant had not intentionally committed the act and that no prejudice had been caused to the complainant's duties.