Justice Balapatabendi-led PSC decision awaited

Report on law officers’ failure to thwart Zahran

By Shamindra Ferdinando

The nine-member Public Service Commission (PSC), chaired by retired Supreme Court Justice Jagath Balapatabendi, is in the process of deciding on Attorney General’s Department investigation into the alleged negligence on the part of two of its officers – Deputy Solicitor General Azard Navavi and State Counsel Malik Azeez, in respect of the handling of a file on now proscribed National Thowheed Jamaat (NTJ) and its leader Zahran Hashim responsible for 2019 Easter Sunday carnage.

The PSC consists of Justice Jagath Balapatabendi, Indrani Sugathadasa, V. Shivagnanasothy, Dr. T. R. C. Ruberu, Ahamed Lebbe Mohamed Saleem, Leelasena Liyanagama, Dian Gomes, Dilith Jayaweera and W. H. Piyadasa.

The PSC yesterday (18) confirmed receipt of the disciplinary inquiry report late last month.

The action taken by the incumbent Attorney General Dappula de Livera, PC, pertaining to the alleged failure on the part of the two officers recently transpired in the Presidential Commission of Inquiry (P CoI).

At the time of the Easter Sunday attacks, President’s Counsel Jayantha Jayasuriya functioned as the AG. De Livera succeeded Jayasuriya, a week after the Easter carnage. Jayasuriya is the incumbent Chief Justice.

The P CoI on Thursday (17) inquired from State Counsel Nishara Jayaratne about the circumstances leading to AG de Livera writing to the then Acting IGP C.D. Wickramaratne on June 18, 2019 as regards the status of the Easter Sunday investigation. The P CoI was told contrary to claim that I’B extracts (comprehensive investigations material file) had been received on June 7, 2017, the AG got it on May 6, 2019.

The three-member AG’s Department committee that inquired into the conduct of the two law officers initiated the probe in Feb 2020, over 4 months after the Parliamentary Select Committee (PSC) concluded its investigation.

At the onset of Jayaratne’s testimony, many an eyebrow was raised when attorney-at-law Tenny Fernando appeared for the State Counsel without her knowledge. When the State Counsel emphasized Fernando was never asked to do so, the attorney-at-law said he appeared on his own without permission.