Defence marks second court martial report in court

4 November 2011 07:30 pm

Counsel for the former Army Commander Sarath Fonseka yesterday marked certain sections of the second court martial proceedings and evidence before the Colombo High Court to prove that the two cases are filed on the same charges.

At the onset of the case Senior Counsel Saliya Pieris informed court that he will mark the relevant sections of the second Court martial case which he said would prove his standpoint that the prosecution had made use of the same components to indict the accused in the second court martial and in the present case before the Colombo High Court.

Accordingly the relevant portions were read by the Court Mudliar S.A.M. Nafly led by the defence counsel.

Further inquiries were postponed for Friday November 11. 

Senior Counsel Saliya Pieris with Rukshan Nanyakkara, Thanuka Nandasiri and Lelan Warusavithana defended former Army Commander Sarath Fonseka earlier contended that the two cases are framed on the same ingredients. The components that were used under Section 109 of the Army Ordinance in the second court martial; case has been once again made used in the Colombo High Court case against Sarath Fonseka and Danuna Thilakaratna, thus the prosecution cannot maintain the present case.

Senior State Counsel Damith Totawatte appearing with Senior State Counsel Sudarshana de Silva submitted that he had already replied the defence and said he will make his reply and objections by his written submissions.

The Attorney General indicted former Army Commander’s son–in-law Dhanuna Thilakaratne, Wellinton DeHoedt and Sarath Fonseka for defrauding public funds in the name of the locally registered Hicorp Private Company by forwarding forged documents to the Sri Lanka Army  fraudulently acting as an agent for  British Borneo Defence Company in Australia and that the funds obtained had been deposited in an account at the Bank of America under the name of Dhanuna Tillekaratne.

Counsel Asela Rekawa with Amila Perera defended Dhanuna Thilakaratna. (By T. Farook Thajudeen)