Defence begins in 23,000-charge Easter Sunday terror case

The defence case in a trial involving more than 23,000 charges, including allegations of conspiracy in connection with the 2019 Easter Sunday terrorist attacks, began before a three-member Colombo High Court Bench on Monday (17).

High Court Judges Navaratne Marasinghe, Ramanathan Kannan and Sujeewa Nissanka are hearing the case involving 24 accused, all of whom are currently in remand custody.

When the case was taken up, three of the accused, Zainul Abdeen Mohamed Jeseem, Mohamed Mustapha Mohamed Rizwan and Meera Zahir Mohamed Nafli, made statements from the dock as part of their defence.

The accused had previously informed court on August 13 of their positions regarding the allegations and their constitutional rights in presenting their defence.

Under Section 200(1) of the Code of Criminal Procedure, an accused whose defence has been called may give evidence from the witness box and be cross-examined, make a statement from the dock, call witnesses or remain silent.

Of the 24 accused, the sixth accused, Rizkan, who does not have legal representation, has informed court that he would remain silent. The remaining 23 accused have indicated that they intend to make statements from the dock.

As statements made from the dock are not sworn testimony, the prosecution cannot cross-examine an accused on such a statement. However, the court may question an accused under Section 165 of the Evidence Ordinance to obtain clarification on matters arising before it.

Some of the accused have also informed court that they intend to call witnesses in support of their defence. Those who intend to call witnesses are required to submit to court a list of their witnesses after commencement of the defence case.

The prosecution is being led by a team of counsel including Deputy Solicitor General, President’s Counsel Haripriya Jayasundara, and Additional Solicitor General, President’s Counsel Sudarshana de Silva.

The prosecution case commenced on October 10, 2023, and evidence against the accused was heard for nearly 250 days.

During the prosecution case, a member of the suicide attack team led by Easter Sunday attacks mastermind Zahran Hashim turned state witness and disclosed a substantial amount of information relating to the activities of the group.

The defence is expected to continue presenting evidence before the Colombo High Court Bench.