The judgment on the controversial white flag case which came up for hearing at the Colombo High Court Trial-at-Bar against former army commander Sarath Fonseka has been fixed for November 18.
Winding up the submissions for the defence, senior defence counsel Nalin Ladduwahetty said the prosecution had failed to prove the charges levelled against his client beyond reasonable doubt. He said 95 per cent of the submissions made in the Court were in favour of his client.
Mr. Ladduwahetty told Court the prosecution was trying to prove the case only based on the evidence given by the Sunday Leader Editor Fredrica Jansz who had several defamation cases against her and asked Court to consider whether it would except the evidence given by the Sunday Leader Editor Fredrica Jansz or former army commander Sarath Fonseka the country’s only serving Four-Star General who had dedicated more than 40 years of his life to eradicate terrorism.
Defence counsel told Court that important witnesses like Lal Wickrematunga were not called to give evidence and thereby he asked Court how the prosecution could prove the charges against his client beyond reasonable doubt.
“It is visible that the pages of the notebook had been replaced by pasting different pages. Considering all facts, I move that the accused be released from the case,” he said.
Tria –at- Bar comprises Judges Deepali Wijesundera (President), W.M.T.P.B. Warawewa and M.Z. Razeen.
DSG Buwaneka Aluvihare with State Counsel Dilan Ratnayake, and Riaz Bary appeared for the Prosecution. Counsel Nalin Ladduwahetty, Ms. Nilanthi Peiris, U. L G. Bandara, Prema Pothupitiya, Kelum Ubeysekera Chatura Amarasinghe and Asela Muthuhettigama instructed by Paul Ratnayake Associates appeared for the Defence. (Lakmal Sooriyagoda)