The Hon. Sunil Watagala, Attorney-at-Law

¶ 01 Hon. Deputy Chairperson of Committees, specifically at this point in this debate, I must say there is a small error in the Motion brought by Hon. Rasamanickam. The topic first says “Easter Sunday attack,” which is correct. But later in the Motion it says “Easter attack.” That must be corrected; there is no “Easter attack,” it is “Easter Sunday attack.”

¶ 02 Today we are to speak as Members of this House while participating in this debate concerning the Easter Sunday attack. I will speak more about this debate itself than about the Easter attack or its reports, Hon. Deputy Chairperson of Committees, because of the lack of clarity regarding the objectives of this debate.

¶ 03 There are many victims of the Easter Sunday attack. There are many views on its purpose. The only way to resolve that complex situation is the judicial process. Matters relevant to the judicial process are tied to the investigations of the CID. All those investigations and the evidence and information submitted thus far are linked with the reports. The subject Minister stated that fresh facts reports have now been filed in the Colombo Magistrate’s Court. As a government that expects a proper judicial process, we will not do anything to harm it, no matter the political cost. This debate, the social discourse underlying it, and the social opinion it seeks to build are all politically disadvantageous for us as a government. But we bear that disadvantage for the sake of justice for the Easter Sunday victims. Therefore, we will do nothing to harm those investigations or the judicial process. We will not interfere in that process in any way.

¶ 04 When speaking about the victims, their complaints regarding the attack are being placed before the courts of law. To my knowledge, there are many such complaints. The subject Minister tabled, as Annex 1, a document listing relevant cases. We know a number of cases have gone before the Supreme Court, resulting in orders compelling political authorities—former Presidents and officials—to pay hundreds of millions in compensation. Among those, there was also a case handled by lawyers of the National People’s Power, including myself. I table that case record: SCFR 191/19. The President’s Counsel Saliya Peiris and I were involved; our party’s attorney, Ms. Shanika Silva, was recorded as instructing attorney. The relief we sought is the public aspiration today. I quote the second prayer:

¶ 05 “Direct one or more or all of the Respondents to submit to Your Lordships under confidential cover if necessary all details of information received to them from the international and domestic agencies in warning respect of the aforesaid terrorist attacks and the reports if any in respect of the implementation of securities measure as result of the said intelligence information which were put in place on or before the 21st of April 2019 in respect of the aforesaid terrorist attacks.”

¶ 06 This was litigated before the Supreme Court with many parties. We did not wish to say these things, but we must after this Motion is brought. We were the ones who stood up for the victims in the Supreme Court even before we assumed state power. We are not seeking undue advantage by saying these things now; I mention this because I was personally involved.

¶ 07 Considering the prayers in those cases, the “reliefs sought” are the expectations of the victims—the people’s mandate. Now, what does this Motion ask? It asks why the Malalgoda Report, the Presidential Commission Report, and the investigation report concerning the Channel 4 programme have not been presented to Parliament; it asks whether bail is to be granted to Pillayan; it asks for details of Sara Jasmin’s DNA report and whether international assistance would be sought; and finally it asks whether weapons connected to the attacks are missing and details thereof. It is evident there is a serious disconnect between this Motion and the true aspirations. I will show it.

¶ 08 Have any of the Easter victims’ expectations become the expectations of these politicians seeking this debate? Unfortunately, no. Then should we not recognise this political agenda? Is the purpose here to make a platform to shout, “Do not grant bail to Pillayan”? If that is your goal, go to court. We will not interfere in judicial functions. The Hon. Member knows the provisions of the Bail Act and the Penal Code. Use those to make the proper applications to the proper court. Do not use this House for that. If there is a petty desire to prey on the sentiments of the Easter victims, that is ugly, mean and despicable.

¶ 09 Further, we cannot as a government do anything that harms the judicial process. We cannot fling information into the public domain uncontrollably. We cannot control who picks it up and misuses it. As a responsible government, we will only act within mechanisms that deliver justice to victims.

¶ 10 As for Sara Jasmin’s DNA report and weapons matters—what will Parliament do with a DNA report? We cannot, like Professor Calculus in a cartoon, put on a monocle and examine DNA here. Those are technical matters. If you have a genuine need, make the proper request to the proper forum. Do not waste the time of this House. Do not use both the Easter Sunday attack and the Chemmani mass grave to advance political objectives and thereby do injustice to both. We have enough external interventions; do not further destabilise the country. Do not exploit the pain of Easter victims for political dreams.

¶ 11 This Motion says one true thing: “The current Government received the people’s mandate not merely to investigate corruption and fraud...” It acknowledges that anti-corruption is proceeding. As Hon. Mahinda Jayasinghe, Deputy Minister, stated, the struggle to take over prisons is going on at the district level—started from Badulla, went to Anuradhapura, now to Kurunegala. People are in panic. Why? Because for the first time, when the Commission to Investigate Allegations of Bribery or Corruption identifies corruption, arrests are being made accordingly. Therefore the Motion’s claim is correct: those concerned are now going to prison.

¶ 12 What are we doing? We are finding the culprits. Who hid the culprits? As our Party Leader has said, those who orchestrated the hunt are the ones among that group. After the mandate, the Presidential Election was won through that orchestration—a “convergence” occurred. Can we find the real culprit within such a convergence? The real culprit is hidden among them. According to the people’s mandate we must find the real culprits. That is why those once hidden are now before the CID. The Minister said the real investigation has now commenced. Do not panic. Our final objective—and that of His Eminence the Cardinal—is to find the real culprits. As soon as Pillayan was arrested, those around him panicked; Gammanpila became a lawyer for him, though he had not appeared in courts otherwise. That is the truth. As a responsible government, we will find the real culprits and we will not stop. We will fulfil the people’s mandate.