Political gimmickry and other influences slow investigation of Easter Sunday bombings

by Tassie Seneviratne

In the Easter Sunday (April 21, 2019) bombings in Colombo, Negombo and Batticaloa. Police investigations under the criminal law and procedure were commenced with immediate effect. The results were very salutary. There was no chance left to the Executive to interfere. By April 25, as many as 40 suspects were taken to custody.

The co-ordinated attacks in Colombo, Negombo and Batticaloa, revealed that there had been a conspiracy. Investigations also revealed that a radical Islamic group by the name ‘National Thowheed Jamath’ (NTJ), led by Zaharan Hashim, was responsible for the attacks.

Valuable information has been supplied about this radical group by the Secretary of ‘Sri Lanka Thowheed Jamath (SLTJ) which is distinct from the NTJ. The Secretary SLTJ, Abdul Razik, has further stated that he had passed information to the Intelligence Services about Zaharans ‘change of ideologies’ since 2016 when Zaharan left the Muslim community. Several others of the Muslim community too have testified to have been in the know of these developments and information was passed on to relevant authorities.

Former Director of State Intelligence Service, Nilantha Jayawardena, has revealed that he received information 17 days prior to the attacks and that notices were issued to 14 VIPs that included the IG Police, Defence Secretaries, President Srisena and Prime Minister Ranil Wickremesinghe.

The Inspector General of Police has no excuse whatsoever for not immediately co-ordinating appropriate action to prevent the bomb attacks. He is the first in line, first for criminal negligence. What the investigation into the conspiracy would unfold is left to be seen if a proper investigation is carried out; not that the inaction on the part of President Sirisena and Prime Minister Wickremesinghe, to whom notices had been sent by the Director of State Intelligence Service, can be overlooked.

The information was specific in all aspects, even to the extent that the plan will positively be carried out, and the harm and damage to person and property will be catastrophic. There was no room to think that the attack may not take place.

It is not known however as to whether the criminal law procedure continued its regular course; nor even whether the police investigation has since been stalled. This question now arises since there is some other action being pursued by way of Parliamentary and Presidential Commissions on this matter. These entities have taken a form of quasi-criminal law procedure though not with the same competence the police investigation displayed.

Nor can this be expected from those without experience in investigating a case of this magnitude. Had they an understanding of the need for confidentiality essential especially in the investigation of a conspiracy, there would be no public drama broadcast on the evening TV shows. Witnesses who had earlier testified in the police investigation for judicial purposes, were examined by these Commissions. This drama may afford those responsible for criminal negligence and those involved in the conspiracy, an opportunity to cover their tracks.

Furthermore there is a possibility of confusion of evidence at the respective inquiries and such evidence may be conflicting and prejudicial to the court proceedings to be filed in due course. It is a matter of concern then that law and order may later be compromised by disregarding what the simple law lays down. And most importantly, is the conspiracy being properly investigated? Also, no room should be left for political interference in these matters.

Is it only criminal negligence that has to be investigated? There could have been a wider conspiracy of the kind we have read of in Agatha Christie’s detective novels – in this case – a real conspiracy by more people than meets the eye. Or, was it fear of reprisals from the ISIS that the information was passed around like ‘passing the pillow’? In fact the immediate belief was that it was the work of the ISIS. Having received the information, President Sirisena left the country just before ‘D-Day’. Prime Minister Wickremesinghe, to whom also the notice was sent by the Director State Intelligence Service, has made the excuse that he was kept out of Security Council meetings, and therefore could not initiate any action. Surely he should have asserted his position, especially in a situation of this magnitude. Could appointing Parliamentary and Presidential Commissions be red herrings that may impede the proper conclusion of the investigation?

If the Police is allowed to do their job of maintaining law and order, duly supported and not obstructed by the Executive, much more can be done in this sphere.

(The writer is a Retired Senior Superintendent of Police. He can be contacted at >seneviratnetz@gmail.com< )