Time-bar objection in Easter Bombing compensation cases dismissed

By A.J.A. Abeynayake

Objection raised by the legal representatives of former Inspector General of Police Pujith Jayasundara and former State Intelligence Service Chief Nilantha Jayawardena, claiming that compensation lawsuits filed against them, related to the Easter Sunday bombings, were not filed within the stipulated period of three months as per the provisions of the Police Ordinance, were dismissed by Negombo District Judge Lalith Kannangara yesterday (11).

The victims of the Easter Sunday bombings have filed 182 cases seeking compensation. Jayasundara and Jayawardena have been named as the fourth and fifth defendants, respectively.

The defendants’ lawyers argued that both of their clients, being police officers, were subject to the provisions of the Police Ordinance, and according to them any legal action against them must be filed within three months of the alleged incident. Since the compensation cases were not filed within this time frame following the Easter Sunday bombings, the lawyers argued that the cases should be dismissed.

The petitioners’ legal representatives opposed the claim, stating that they had become aware of the accountability of those police officers only after the release of the report of the Presidential Commission of Inquiry on the Easter Sunday attacks. They argued that they had filed the lawsuits as soon as they became aware of this information.

The District Judge ruled that the defendants’ objection regarding the time limitation was a matter to be determined through evidence presented during the trial and could not be resolved as a preliminary issue.

The court directed that the case be scheduled for hearing on 13 December.

Senior Counsel Varuna Senadheera, along with Counsel Indika Bandara Abeykoon, appeared for the petitioners under the guidance of Counsel Angelica Perera. Counsel Samadhi Gamlath represented Pujith Jayasundara, while Counsel Nissasiri Dayananda, under the guidance of Counsel Madhulathie Jayathilake, appeared for Nilantha Jayawardena.