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No jurisdiction to try SF –Defense Counsel

14 February 2011 02:00 pm - 15     - {{hitsCtrl.values.hits}}

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Counsel for the former Army Commander Sarath Fonseka told the Colombo High Court today that it did not have the jurisdiction to try retired General Fonseka in the Hicorp case

The former commander is alleged to have misappropriated public funds by fraudulently registering and transacting business with the army by tendering forged documents while acting as an agent of British Borneo Defense Company in Australia.

When the case was taken up for inquiry by High Court, the Defence counsel appearing for General Fonseka said the Supreme Court had interpreted that the Court Martial which heard the Hi Corp case in which his client was an accused held that it was a Court established under the Constitution and as such its orders were legally binding.

Counsel Pieris said General Fonseka had been tried by that Court and sentenced to jail and taking this into account the High Court did not have jurisdiction to hear this case as the charges were almost similar and on the same issue.

State Counsel Damith Totawatte appearing for the prosecution objected to the contention made by the defense and said even though the issues in the two cases appeared to be similar the decision should be based on the facts of the case and as such he would make his submissions on the next date.

Defense Counsel Pieris filed written submissions in court and pleaded with the court to order the prosecution or the Army Commander to issue certified copies of the trial at the Court Martial in the High Court to determine whether General Fonseka had been sentenced by the first Court Martial.

High court Judge Sunil Rajapaksa ordered the Army Commander to produce such copies and prosecution the defense to make oral submissions on March 9.

Dhanuna Thilakaratna, Wellington De Hoedt who is a director of Hi Corp Ltd and General Fonseka were indicted in the High Court by the Attorney General  for fraudulently misappropriating public funds by tendering forged documents to Sri Lanka Army. Mr. DeHoedt pleaded guilty and was sentenced by the High Court.

The case will be called again on March 9. (T. Farook Thajudeen)
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  Comments - 15

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  • Nishantha Rajapakse Tuesday, 15 February 2011 02:09 AM

    get out of here men...

    Game Kolla Tuesday, 15 February 2011 03:00 AM

    This country needs more patriotic citizens..at this hour of darkness....

    wasim Tuesday, 15 February 2011 03:22 AM

    way to go, best way to deal with things in a law less country!

    willows Tuesday, 15 February 2011 03:28 AM

    we all will see the real results very soon, be ready???

    lahiru Tuesday, 15 February 2011 03:44 AM

    way to go man, keep it up, good lesson for these ppl who is coming behind you

    Shyamali Tuesday, 15 February 2011 02:11 PM

    Miracle of Asia!

    ROSHAN Tuesday, 15 February 2011 04:32 AM

    WAIT AND SEE UNTIL WHAT HAPPENED TO HOSNI MUBARCK IT WILL REVOLT HERE

    CJ Tuesday, 15 February 2011 06:46 PM

    Not only in Egypt, the whole middle east is waking up, soon Asia will follow, the young generations will not tolerate dictatorships, next will be SL, watch!!!

    tania Tuesday, 15 February 2011 07:29 PM

    where is KP and Karuna?????????????????????????????????

    CW Tuesday, 15 February 2011 10:40 AM

    When verdicts or decisions go your way, the courts are impartial, otherwise manipulated by the SL govt. What a world.

    JD Monday, 14 February 2011 02:11 PM

    Sir you will never get sentence..... if there is a proper jurisdiction with in our law .........

    local boy Monday, 14 February 2011 02:07 PM

    yes, he too behave like a someone who is above the law. lol !

    Konde bendapu china Monday, 14 February 2011 02:57 PM

    Where is Dhanuna Thilakaratna????????????????????

    Yehiya-Doha Monday, 14 February 2011 03:00 PM

    Dear Sir. You are hero. Coolis are very fear to you.

    Calistus Jayatilleke Monday, 14 February 2011 03:41 PM

    The whole thing appears to be a big "Nadagama" dragging down the legal system of the country with it. High time the authorities stop this "witch hunt" before the whole world starts laughing at us.


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