No jurisdiction to try SF –Defense Counsel

14 February 2011 02:00 pm

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)