219th Day of the Main Easter Attack Trial – HC (TAB) 2972/21
Date: 02nd July 2026|
Venue: Special Permanent Three-Judge High Court (Trial-at-Bar), 2nd Floor, MCC Building, Adhikarana Mawatha, Colombo 12.
The case was taken up before the Trial-at-Bar with all accused present, except the 17th accused who had passed away and the 9th accused.
The prosecution witness PW-1088, Mohamed Ishaq the Manager of Ishana Export under Yusuf Mohamed Ibrahim gave evidence. He stated that Yusuf Mohamed Ibrahim had six sons and three daughters and that two sons, Inshaf Ahmed and Ilham Ahmed, died after carrying out the Easter Sunday suicide bomb attacks at the Shangri-La Hotel and Cinnamon Grand Hotel respectively. He explained that Colossus (Private) Limited, owned by Inshaf Ahmed, operated under Ishana Export and exported copper, although it is no longer in operation.
The witness identified two Commercial Bank cheque books belonging to Colossus (Private) Limited. Cheque Book No.129 containing six signed blank cheques was marked P-911, while unused Cheque Book No.130, containing four pre-signed cheques, was marked P-912. The witness then listened to audio recordings contained in P-910 (pen drive), P-907 (A)CD, P-908 (A)CD, P-909 (B)CD and P-909 (A)CD, and identified all recordings played is the voice of Ilham Ahmed. He further stated that prior to the Easter Sunday attacks, Ilham Ahmed and Inshaf Ahmed had transferred their shares and properties to family members.
During cross-examination by Mr. Kanil Maddumage who appeared On behalf of the 1st, 2nd, 7th, 8th, 10th, 15th, 18th, and 19th accused, , the witness confirmed that he had previously listened to the recordings before the Presidential Commission and before the present Trial-at-Bar, but did not know how the recordings had been made. He stated that the recordings had remained in the custody of Inshaf Ahmed’s wife. On behalf of the 12th and 13th accused, by Mr. Niroshan Siriwardhena , it was suggested that office noise prevented proper voice identification and that the brothers had similar voices. The witness rejected those suggestions, explaining that the office had separate cabins and that he had known the family from childhood and could distinguish each voice. He accepted that voices could be imitated or technologically generated but maintained that he could identify Ilham Ahmed’s voice. He further explained that Inshaf Ahmed usually signed cheques individually but often pre-signed several blank cheques before travelling overseas, accounting for the ten signed cheques referred to in the recordings. The 9th accused cross examined the witness and, the witness confirmed a close relationship with Inshaf Ahmed but denied any knowledge of plans to carry out the bombings. In re-examination, he confirmed that the four signed cheques in P-912 formed the balance of the ten cheques referred to in the recordings. The witness was thereafter released.
PW-2036 – Bimshani Jayasinghearachchi, presently a DIG and formerly an ASP attached to the Terrorism Investigation Division (TID), testified regarding the recording of the statement of the 12th accused under Section 16(1) of the Prevention of Terrorism Act.
She explained that due to limited space at TID Headquarters, certain suspects, including the 12th accused, were detained at the TID Unit at the Welisara Navy Camp. On 16 October 2019 she received written instructions from the Director of TID after being informed that the 12th accused wished to meet a superior officer of the TID. She met him at Welisara after he was produced by Police Constable Wijayasuriya (No.72234), explained Section 16(1) of the PTA and Section 24 of the Evidence Ordinance in Sinhala and gave him the copies of them in Sinhala and English, afforded him time to reconsider, and returned him to custody.
Following a further request made by the 12th accused during a cell visit on 29 October 2019, he was brought to TID Headquarters on 1 November 2019 by Police Constable Rathnayake (No.67161). The witness again explained the relevant legal provisions. The accused was permitted to telephone his sister on her wedding day, as well as his wife and mother, before being returned to Welisara.
On 9 November 2019 the accused was again produced before her at TID headquarters after examination by the Judicial Medical Officer. She stated that she confirmed he was acting voluntarily and free from threats, inducements or pressure before recording his statement, reading it over to him and obtaining his signature. He was thereafter returned to Welisara and again referred to the JMO.
The prosecution marked P-913 (MLEF No 28/19 dated 1 November 2019), P-914 (MLEF No 30/19 dated 9 November 2019), P-915 (English copy of Section 24 of the Evidence Ordinance), P-916 (English copy of Section 16(1) of the PTA), P-917 (Sinhala copy of Section 24 of the Evidence Ordinance) and P-918 (Sinhala copy of Section 16(1) of the PTA) bearing the acknowledgement signature of the 12th accused. When the prosecution sought to mark the statement dated 9 November 2019 as P-919, counsel for the 12th accused objected, alleging that it had not been made voluntarily. The statement was temporally marked as N-01 and a voir dire inquiry of the 12th accused was subsequently commenced.
During cross-examination, counsel of the 12th accused suggested that the accused had not requested to meet an ASP, had not been properly informed of the legal provisions, could not read Sinhala, had signed documents under compulsion, had been tortured by TID officers, and that departmental procedures had not been followed. It was further suggested that the witness’s notes of 1 November 2019 had been misplaced, alterations had been made to the statement, SP Saman Perera had assisted in preparing and typing the statement, and that though, an English copy of the statement was requested by the 12th accused, it had not been supplied. The witness denied all material suggestions and stated that she had no knowledge of the alleged acts of torture. At the conclusion of proceedings, the voir dire inquiry remained incomplete and the case was adjourned and will be resumed on 3rd July 2026 at 10.00 a.m. For continuation of the cross-examination.
