• Court notes prosecution can re-file once Prez term and immunity ends   

Although President Ranil Wickremesinghe was released due to Presidential immunity from the respondent status in a total of 108 cases filed by the victims of the Easter Sunday terror attacks of 21 April 2019, and their families, seeking compensation for the prejudice caused by the said attacks, the Colombo District Court yesterday (1) stated that the prosecution has the right to rename him (Wickremesinghe) as a respondent and pursue the cases after the end of his Presidential term.

The cases filed by victims of the said terror attacks, and their family members, seeking compensation for the damage caused to them, were taken up before Colombo Additional District Judge Mahesha De Silva yesterday.

Judge De Silva ordered the release of Wickremesinghe from the status of respondent from the cases. She said that he would be released as a respondent based on the fact that the cases could not be maintained against the President due to Presidential immunity, and the recent judgement delivered by the Supreme Court (SC) with regard to the said terror attacks (the SC ruling which removed Wickremesinghe from several petitions over the terror attacks in which he had been named as a respondent). She also stated that the prosecution is able to rename him, with the Court's permission, as a respondent and pursue the relevant cases when his term of office as the President ends.

Meanwhile, the Additional District Judge, during the hearing of the said cases, also rejected a request made by former President and Defence Minister and incumbent Opposition Parliamentarian, Maithripala Sirisena to release him from the status of respondent from the cases. Rejecting the request, she stated that the immunity is not for the person, but for the Presidency. As Sirisena is no longer the President, she stated that there are no provisions in the Civil Procedure Code to release him as a respondent.

The cases have been filed against Sirisena, Wickremesinghe, former Defence Ministry Secretary Hemasiri Fernando, former Inspector General of Police Pujith Jayasundara, former Director of the State Intelligence Service, Senior Deputy Inspector General of Police Nilantha Jayawardena and the Attorney General. The complainants have stated that Sirisena and the other respondents were responsible for the series of terrorist attacks as they had allegedly neglected their duty. The cases have been filed asking for compensation ranging from Rs. 10 million and above.