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Court martial postponed

6 April 2010 05:13 am - 22     - {{hitsCtrl.values.hits}}

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The Court Martial hearing scheduled for this morning into General Sarath Fonseka who is in military custody has been postponed for next month following a Court of Appeal order, a lawyer of General Fonseka said. According to the lawyer the hearing will now be held on 5th May.

The two Court Martial hearings which resumed at 9 am and 2.30 pm today were put off, based on the Court of Appeal order issued following a writ application filed by Gen. Fonseka who challenged the validity of a court martial against him.

On March 31, the Appeal Court bench comprising President of the Appeal Court, Sathya Hettige PC and Justices Ranjith Silva and Anil Gooneratne ordered “to maintain the status-quo which means that no further proceedings in the Court Martial shall take place until the date of the delivery of the order on May 5”. 

When the Court Martial hearing with regard to the charges on Gen. Fonseka for allegedly involving in politics while being the Commander of the Army started, the Court Martial’s Judge Advocate  W. J. S. Fernando announced that he came to know about the Appeal Court order and informed that accordingly hearing would be postponed.

At this moment a group of counsel led by senior attorney Rienzie Arsecularatne PC producing a certified copy of the Court of Appeal order informed that the next hearing would have to be fixed after May 3 as they were waiting the decision of the Appeal Court with regard to the legality of the Court Martial. Mr. Arsecularatne also asked to fix a mentioning date after May 3.

At this stage Judge Advocate of the General Court Martial fixed the trial for May 5. The said Court Martial was heard before Major General Harsha Weeratunga, Major General Lalith Wijetunga and Major General Aruna Jayatilake and it was first heard on March 15.

The Second Court Martial on the charges of alleged contravention of military procurement procedures against General Sarath Fonseka was taken up before Major General Milinda Peiris, Major General Lalith Daulagala and Major General Mahinda Hathurusinghe at 2.30 pm. It was also postponed till May 5.

It was the first hearing on the said Court Martial before the new panel. When it was first taken up on March 18, before same three members of the first Military Court counsel for Gen. Fonseka strongly objected with regard to the constitution and the composition of the tribunal and subsequently sittings were adjourned indefinitely.

However last Saturday, the hearing of the said Court Martial was fixed and Retired Gen. Fonseka was handed over the summons signed by President Mahinda Rajapaksa as Commander-in-Chief of the armed forces. (SRF)

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  Comments - 22

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  • Tuesday, 06 April 2010 06:02 AM

    He can stay one more month in the navy head Quarters and enjoy his retirement because he never had time to enjoy it.

    Tuesday, 06 April 2010 06:05 AM

    I don't blame govement. Sinhalayage bada gana sitheeme kalawa, kalaguna salakeema. I feel sad to be a srilankan.

    Tuesday, 06 April 2010 06:06 AM

    MAT GOD BLESS SRI LANKA

    Tuesday, 06 April 2010 06:17 AM

    This will never happen even thought they wish to, simply because they know the repurcussion and consequenses once this govt is fallen. This court martial is a drama and propaganda for the ruling party in order to win the elections and to discourage people from voting to SF or UNP or JVP.

    Tuesday, 06 April 2010 06:17 AM

    LAW is above all

    Tuesday, 06 April 2010 06:20 AM

    Where are those who said, " I know the Law Putha !".

    Tuesday, 06 April 2010 06:39 AM

    What a joke? Government cannot do this as they are trying to buff the people

    Tuesday, 06 April 2010 07:03 AM

    LAW is above opposition but under the carpet of Government

    Tuesday, 06 April 2010 12:58 PM

    The President will get a plus point if he releases him now. and he is going to be released in any case.

    Tuesday, 06 April 2010 07:21 AM

    Ananda S ... you represent the dark side of an ungreatful nation. The fall is at hand ...

    Tuesday, 06 April 2010 07:40 AM

    hey,
    LOOKS LIKE THAT ATTORNEY GENERAL AND THE OTHER LAW ADVISORS OF GOVT. HAVE BUNGLED IT AGAIN.

    Tuesday, 06 April 2010 07:54 AM

    Release General Sarath Fonseka immediately or this government will have to suffer the consequences of the people very very soon.

    Tuesday, 06 April 2010 03:22 PM

    This is what happens when the country's governance is in the hands of lunatics.

    Tuesday, 06 April 2010 08:17 AM

    FREE SARATH FONSEKA, THE LION OF SRI LANKA

    Tuesday, 06 April 2010 07:53 PM

    The person who was responsible for defeating the LTTE is in prison. God will take note of this!

    Tuesday, 06 April 2010 10:12 AM

    what a fiasco, only fit the jokers that brought these false charges.

    Tuesday, 06 April 2010 09:52 PM

    Mr. Lokuge has said that 'If SF asks for the President's pardon, he would be free.' SF would never ask for a pardon as HE HAS DONE NOTHING WRONG, EXCEPT LIBERATE OUR MOTHERLAND FROM THE LTTE!

    Tuesday, 06 April 2010 05:33 AM

    Long live SF

    Tuesday, 06 April 2010 05:33 AM

    What will the stars foretell after the general election? Scrap the CM

    Tuesday, 06 April 2010 05:46 AM

    Leave the fool(MR's words not mine) in his cell. No one one will talk about him after Thursday.It will be a case of Fonseka..what fonseka? or Sartah who ? after the 8th.

    Tuesday, 06 April 2010 05:49 AM

    What a Country !!!!! Only in SL !!! Proud to be a sri lankan

    Tuesday, 06 April 2010 05:53 AM

    If the rulers cannot hold a political Court Martial how can they run the country efficiently.


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