138th Day of the Main Easter Attack Trial – HC (TAB) 2972/21
Date: 09th February 2026|
Venue: Special Trial-at-Bar, Colombo 07
The case was taken up before the Trial-at-Bar with all accused present, except for the 17th accused who has passed away.
Today, except for counsel appearing for the 12th and 13th accused, no legal representation was present for any of the other accused, and prosecution witness No. 2140, Hon. Magistrate Upul Rajakaruna, appeared before the court. The matter was called for the purpose of formally marking the statements made by the 5th and 15th accused under Section 127 of the Code of Criminal Procedure Act No. 15 of 1979; however, as no legal representation was present for them, court inquired into their positions. The 5th accused informed the court that he had been notified on the previous day that Mr. K. S. Rathnawel would appear on his behalf, while the 15th accused stated that he had been informed that Ms. Hikma Yusuf would appear on his behalf. Accordingly, court directed the Registrar to inquire from the said counsels whether they would be appearing before court and to inform back. Upon court reconvening, the Registrar informed the court that the counsels who had previously appeared for the 5th and 15th accused would no longer be appearing before this court on their behalf and that this had been communicated to both court and the accused. Thereafter, the 5th and 15th accused informed the court that they are not prepared to proceed with the trial, stating that they have not been able to secure legal representation due to the case being taken up on a daily basis, and further stated that attorneys had expressed willingness to appear if the case were taken up three days per week instead.
Accordingly, court emphasized that Section 8 of the Prevention of Terrorism (Temporary Provisions) (Amendment) Act, No. 12 of 2022 has introduced subsection 15(3) to the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979, which provides that “every trial under the Act shall be held on a day-to-day basis unless, in the opinion of court, exceptional circumstances warrant postponement of the commencement or continuation of trial, for reasons which shall be recorded by court”, and further informed that this case had already been pending for approximately four years and therefore needed to be taken up daily. The Court then inquired from the prosecution as to its position regarding proceeding with the trial on a day-to-day basis, in response to which the prosecution submitted that the accused were entitled to secure legal representation of their choice, to appear in person, or to proceed with the assistance of counsel assigned by the State. The prosecution further informed the court that the accused had rejected State-appointed counsel in open court on the basis that the counsel lacked adequate legal knowledge and had also objected to the appointment of junior attorneys on the grounds that they lacked sufficient knowledge and understanding of the PTA. The prosecution further submitted that there were other PTA cases in Sri Lanka being heard on a day-to-day basis and that in such cases, where assigned counsels had withdrawn, the accused had proceeded by securing their own legal representation. The prosecution further drew the court’s attention to the fact that directions had been issued by the Supreme Court requiring this case to be heard on a day-to-day basis and reiterated that the trial should therefore proceed accordingly.
The Court further inquired into the position of the aggrieved party, which submitted that aggrieved party had no objection to the case being taken up on a day-to-day basis, provided that the accused were represented by counsels and stated that its expectation was for a fair trial to be conducted and concluded expeditiously. The Court thereafter adjourned the case until 1.00 p.m., following which the accused, other than the 5th, 12th, 13th, and 15th accused, informed the Court that they too wanted to state their positions regarding proceeding with the trial. Accordingly, all accused informed the court that they are not prepared to proceed with the trial, and the 4th and 16th accused stated that they would appear in person on their own behalf, while the 7th, 8th, 19th, and 24th accused requested that counsels who are able to communicate in the Tamil language be provided to represent them. Upon consideration, the court stated that a reasonable period of time had already been afforded to all accused to secure legal representation and further noted that attorneys had also been referred to court through the Legal Aid Commission but had been rejected by the accused. Accordingly, court informed that the trial would proceed on a day-to-day basis commencing from 11th February 2026.
The 4th accused thereafter informed the court that documents relevant to him had not yet been provided, upon which the Court ordered that the documents pertaining to the 4th accused, which had been taken into custody upon his signature by the Prison Officer E. M. G. Ekanayake of the Magazine Prison where he is presently detained, be handed over to him, and further ordered that the said officer be summoned to appear before the court on the next date to make submissions in that regard. The accused presently detained at the Colombo Remand Prison also informed the Court that they were being subjected to harassment by other inmates, whereupon the court instructed the prison officer present in the court to ensure that the accused are afforded adequate time and opportunity to peruse the documents provided by the court and that necessary steps be taken, in accordance with applicable regulations, to prevent harassment by other inmates. The Court further noted that an order had already been issued on 5th February 2026 directing the Superintendent of Prisons to take steps to facilitate the accused in obtaining necessary legal assistance through the Legal Aid Commission and accordingly directed that follow-up action be taken in this regard.
The matter was fixed to be called again on 11th February 2026 at 10.00 a.m. for further trial.
