By Colombo Telegraph –
Former Army Commander Sarath Fonseka was sentenced by the Colombo High Court to three years in jail and imposed a fine of five thousand rupees or six months in jail for default. The Colombo High Court delivered judgment today on the white flag case involving former Army Commander Sarath Fonseka. In this case he is accused of having made a statement to Sunday Leader Editor Frederica Jansz alleging that the Defence Secretary Gotabaya Rajapaksa had ordered Brigadier Shavendra Silva to shoot LTTE cadres who surrendered with while flags.
Judges Deepali Wijesundera (President) (C)W.T.M.P.B. Warawewa (R) and M.Z. Razeen (L)
An interesting question of law has arisen in relation to the Fonseka White Flag case. Mr W.T.M.P.B. Warawewa, one of the 3 judges who heard the case, reached the age of retirement of 61 years while the case was going on. President Rajapakse gave him an extension to enable him to continue to hear the case. Legal experts say that the age of retirement of a High Court Judge is fixed at 61 years by section 6 of the Judicature Act and there is no legal provision for an extension to be given. They point out that the 3-judge bench was thus not properly constituted and any decision by the bench is illegal. Colombo Telegraph posed the question whether Fonseka’s lawyers raised the issue in the court. One expert stated that the lawyers may purposely not have raised the question, so that the question can be raised in appeal. “Consent does not give jurisdiction” is a well-known legal principle and may be the lawyers will raise it in appeal” another legal academic said.
During the Trial-at-Bar before Judges Deepali Wijesundera (President) W.T.M.P.B. Warawewa and M.Z. Razeen several witnesses including the Defense Secretary the Sunday Leader Editor and Major General Shavendra Silva gave evidence. The prosecution was headed by Deputy Solicitor General Wasantha Navaratna Bandara with Senior State Counsel Dilan Rantnayake, Lakmini Girihagama and Riaz Bary. But later Deputy Solicitor General Buveneka Aluvihare appeared for the state. Senior Counsel Nalin Ladduwahetty with a team of senior and junior lawyers of the Colombo High Court Bar defended Mr. Fonseka
Lalanin Basnayake / November 19, 2011
It is with saddness that I watch the country been dragged to that of an African state starting with a great history and 3 great religions and the influence and affluence of the worlds democracies. Unlike Libya and may other dictatorships we dont have resouces such as oil. Yet the educated and business people are silent till the rogues and killers knock on their door. I say action now do not support the goverment with profit or remitances. educate one person a day showing the reality of what is happening and how it affects the poor mans life. May be then our people will realize and gather to throw this regime out.
/
Lak W / November 19, 2011
I will never vote for the JVP again simply because they abandoned General Sararth Fonseka.
/
Lucian / November 19, 2011
Welcome to Sri Lankan justice- -Terrorist leader responsible for thousands of killings- not only no word about justice but govt. showers with blessings, comforts, security -Ex Attorny General – dismisses criminal cases ( murder, rape) specifically against politicians and one of them kills again -Underworld kingpins, rapists given authority to monitor law enforcement – Underworld killers sent abroad with in hours after killings- No one responsible -Man ties another man to a tree- and he is given minister of public relations -Top politicians boasting about law and order- sleeps, cuddles, kisses, with underworld kingpins doing extra judicial killings/ kidnappings – Many journalists killed/ missing- no one found guilty – Around 30 have died under police custody- no one guilty -Billions plundered from the state, inferior oil imports, oil hedging, world cup cricket loss of billions- no one guilty – Most govt. departments running at a loss of billions- no one responsible -Ex president CBK says 80% politicians corrupt- no one found guilty But SARATH FONSEKA – ‘Doing politics while being in the army’- GUILTY ( oops not applicable to presidents son !!) -’White flag case’ – GUILTY -’Irregularities of war procuments’- GUILTY – ‘Keeping army deserters’- GUILTY ‘Dealings with Hicorp company – GUILTY – Medals removed -No pension – and many many more guilty verdicts to come….. He must be GUILTY of saving the country !!! Welcome to Lanka – the country with animal law !
/
Tissa / November 19, 2011
There are few to be resonsible for this type of lunatic to be in power.1st-EC Dayananda(agathiya) 2nd-opp leader(ponnaya)Ranil. All these should go to hell with their families along with Rajapaksa and families sooner than later. All those responsible shouls suffer a lot before their deaths. Buddha/God/Allah pl lookafter the poor Srilankan by sending these rouge politicians to hell asap.Hope and pray that this would be MR’s last b’day celebrations.
/
Ramand / November 19, 2011
Gota was also instrumental in helping Jansz Nona (and her B.F.) leave the country. The notorious couple are lodged in the same room of an hotel!! Oh, what a lovely show??
/
Lal Rathnayake / November 19, 2011
WHERE ELSE CAN U FIND A GODFATHER LIKE THIS THAN FROM MEDAMULANA. HE SENDS HIS OPPONENT TO JAIL FOR THREE YEARS AND THEN GOES TO THE TEMPLE WHICH LORD BUDDHA IS SUPPOSED TO HAVE SET FOOT WITH THE BIGGEST UNDERWORLD THUG MERVYN. THE MESSAGE IS LOUD AND CLEAR. THIS COUNTRY IS A PLACE WITH JUNGLE LAW. ALL EXCEPT HEROIN DEALERS/ LAND GRABBERS/ MURDERERS CAN BE FREE. OTHERS B WARE
/
Yohesvaran Ram / November 19, 2011
When a people elect their government they signed up for this. I do not think anyone can complain about the president or SF for that manner. They are both cut from the same cloth.
You have not seen anything yet. Just wait and watch how this president and his gang bring Sri Lanka to its knees.
/
Pingback: White Flag Case:Justice Warawewa’s judgment contradict with Wikileaks « Colombo Telegraph / November 20, 2011
/
Pingback: White Flag Case:Justice Warawewa’s judgment contradicts Wikileaks « Colombo Telegraph / November 20, 2011
/
Pran / November 21, 2011
SF’s childish political brain did this to him. During the war he was appointed as the Army commander by MR. Later, he wanted to get the presidency by destroying MR. It seems to me that he is a very ungrateful man and he will have good lessons in the jail to all his fails.
/
Matara Putha / November 22, 2011
The International must arrest these Rajapaksa goons and send them to heaven like the one they did to Saddam and Gaddaffi. These fellows are responsible for lawless, Murders, disappearance, swindling, dictatorship in Sri Lanka where judiciary have gone for dogs too. We all must get together help the world to deal with these rouges before they destroy Lanka. Whole southern province know how wealthy they were, they did not even had the money for fathers funeral, so from where did they have trillions when none of them did business? When tsunami money was robbed he had to return because he was only the Prime Minister but now nobody above him so he rob the country for glory Gota was just a computer operator, and Basil was nothing to say the least.
/
Kumari / November 22, 2011
Gadaffi and Sadam had to pay for their crimes, but whole world show how Gadaffi was killed, and it shows those rebels are worse than Gaddafi, and if you read more news of world you will see how they killed innocent Lybian girls. You wouldn’t see them in CNN, or western media. Do you think now everthing is alright in Lybia and Iraq? Why Fonseka go through these all troubles? He could have filed case against Fedrica Jans publishing wrong statement. Did he? no…. What’s that mean he said it or may be he believed he would win the presidential election, and this is a good point to take the revenge by taking MR, GR, Basil and Shavendra as war criminals.
/
SIRIPALA / November 24, 2011
You bloody Ass, rebels means rebels who has no discipline, at least that beggar was lucky to die like that rather flesh torn in to pieces for the bloody 40 year dictatorship. He killed all his opponents, shut every ones mouth, his word was law apparently he is a very good friend of MR goes well with the idiom “birds of same feather flocks together” true to the word Mahinda does the same thing what his dictator fried did. Kumari girl I am telling you, he deserves a worse ending than what he got. Likewise, these MR goons too would face the same fate one day. Good you said about CNN and western media, thanks to the media freedom in the west at last we see what happened. Does anyone know what happened in Sri Lanka during the war, answer is NO. Why it is No? Because we wanted to finish the war the way we wish to finish disrespecting all ethics, norms and behavioural aspects laid down in 1949 Geneva Convention. Gothaya and Makara do not know about war laws because they are the most uneducated rascals, but GF knows everything, being a military man for 40 years his strategies paid off, saw the end of 30-year curse. He did not run for cover to a foreign land clamming asylum like Gothaya. It is a fact someone has given an order not take rebel leaders, as surrenders and it has to be someone above a commander. However, international claims that rebels in war zone had expressed their willingness to surrender which they in turn informed to SL authorities who have assured their safety but what happened, mysteriously not a sole alive. It is a mistake if regime thinks they can fool the world as they fool Sri Lankans such as people die while they going to show hidden weapons or jump to lagoon from police jeep. Fedrica asked GF about the rumor of white flag, GF has said he too have heard it from a war front journalist. This woman contacted Gothaya and on his instruction the article was publication because brothers thought that’s the best news to sell to diminish all public support for GF little knowing that it’s going to hatch a bigger issue internationally which has no escape. Why did they make all the groundwork for a judgment of their liking, same like military courts? It is for two things..! First, to show the world that they are clean and its only GF who uttered this malicious baseless talk, so we punished him. Second, the regime knows they really did not win last presidential election because results first came to Temple Trees so they manipulated to the tune of MR. Therefore they want to keep GF away from politics, as he looks a possible potential for the thrown. Although Deepika the high court judge appointed by MR for their premeditated judgment lawyers of GF is all out to challenge the verdict at court of appeal as mentioned by his lawyers. Now that action looks to be threatening with the elevation of Deepika to the appeal courts. Presumably, she would preside of the hearing of appeal and would stand by her previous verdict, which suggests MR and goons wants the judgment to be the same. They have well planed and Rajapaksa goons need nothing, but to keep GF away from politics for the simple fact General Fonseaka did win the last Presidential Election. No need to file a case against Federica, she did her part got her pay cheque, lump sum from Gothaya and fled the country. Sunday Leader now sold to a henchman of MR there by MR would controls 90% of media in Sri Lanka. Therefore “Kumari Hami” now you will have to watch CNN internally to ratify SL news. Thanks to the West and thanks to the world media freedom.
/
Lion / November 24, 2011
Gamarala dreaming…..
/
kadira / November 22, 2011
The women judge Deepika is now a single, husband left her. Make no mistake, MR is a kukula too .. ha ha ha haaaa !!!
/
Kumari / November 22, 2011
This is not funny. You are starting another gossip. Fonseka also funished for spreading hearsay, and creating unnecessary problems countrywide and its leaders and armed forces. Growup!
/
SIRIPALA / November 24, 2011
Kumari, are you a single, be careful hope you know who MR is .. ha ha hahaaaaa
/
Pingback: Uncovering Sri Lanka’s ‘White Flag Incident’ | Colombo Telegraph / March 13, 2013
/
Pingback: 5 Jahre danach: Der (ganze) White Flag Fall | LTTEwatch Deutschland / May 21, 2014
/
Pingback: Rajapaksa: Gotabhaya geht nicht in die Politik | LTTEwatch Deutschland / August 9, 2014
/