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
D.M.Thushara Jayarathna(Final year Law student) / November 18, 2011
Another Political judgement. Hall sri Lankans must get to gather condemns this!
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B.Fernando / November 18, 2011
Not surprising in a Country ruled by a power crazy lunatic with Jungle Law & Kangaroo Courts.
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Raju / November 18, 2011
You must be a person without brain like Sarath Fonseka. If it was an illegal bench, why the hell Sarath Fonseka defended his position in front of the bench and even file submissions. When the judgment goes against you it cannot be cited as illegal bench. If Sarath Fonseka did not make those utterances he always had opportunity to run his version at Sunday Leader immediately afterwards. Not only did he not deny he went on to say the same thing in different words at the election campaign. A soldier who was court martial in his younger days for raping a woman, what sort of conduct we could expect. The very ungentlemanly officer has reprimanded thousands of men and woman for petty crimes. Rather than facing the judgment as a man with balls, he is crying foul every step of the way. He did glorify the president for being straight in supplying materials for the warfare, but conveniently started telling other things when he was snatched by the JVP and UNP later on. I salute the judges for giving a reasonable judgment against this ‘Kalavedda’
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Sujeewa / November 18, 2011
It was the US that executed the plan of bringing Fonseka to contend as a Candidate. US also brought JVP to support Fonseka (it is not the Somawansa faction). US through Mangala brought UNP also to the same, and funded Fonseka campaign with Millions of $$. The crisp US$ notes found in bags were those money, especially flew in through diplomatic channel..
Do not forget that LTTE funded both Hilary Clinton, and Obama in their campaign. They made friends with LTTE, and did not want to return the favour.
Fonseka is an arrogant idiot whose eyes glittered by the money, fame, and US support presented to him. He thought he is invincible.
His personal greed was responsible for all his ills. If Fonseka won the Election, his handlers will make a mockery out of the country with this inexperienced, obnoxious, and self-centered alcoholic person.
I sympathise about him for what he brought up on him, but I think what is best for the country happened by Fonseka not winning the elections.
What I see is, like in Libya, a whole heap of people blindly support the trap put up on us by Hilary and his clan. They were successful by dividing the country and robbing some glory from Rajapaksas. However, for the best of the country, Fonseka lost. With the same, whole lot of people lost i.e Hilary, Church, UNP, LTTE, Tamilnadu Monkeys, and Mangala Samaraweera who wanted to teach a lesson to Rajapaksas.
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Gnanasoma / November 18, 2011
It is Gonamakuwas llike you who voted those judges and MP’t to the power. I am sure General Fonseka is paying for a thing he done in this life or before, but he will not join idiots like you in Hell!!!!
Go kiss the foot of your leader…
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Gamarala / November 19, 2011
You lunatic Raju Listen you fool, Mahinda Rajapaksa, his elder brother ( speaker of the parliament) Chamal Rajapaksa were the witnesses at the engagement ceremony of Justice Deepali Wijesundara’s daughter on March 7, 2011. The President said that he had no objection if the wedding takes place at Temple Trees. The President has even offered the Presidential Palace for the ceremony but as another special function was scheduled on the day at the palace, Colombo’s Cinnamon Grand hotel was chosen as the venue. According to the source, the Defence Ministry made all security arrangements for this private ceremony. Justice Deepali is the presiding judge at the trial-at-bar that heard the White Flag case against former Army Commander General Sarath Fonseka who is now in prison. Legal professionals are of the opinion that the close friendship between High Court Judge Deepali and Mahinda Rajapaksa and his family members was a crucial factor for the outcome of the White Flag case. So you fool Raju, No F***ing question, it’s a Kangaroo courts alright.
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raymond / November 19, 2011
Raju, kapang goo!!!
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SR / November 19, 2011
Raju, see Raymond’s comment at 3:19 a.m. That is all I have to say too. You unfaithful bastards.
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barefoot lawyer / November 19, 2011
Actually, this is a ruse adopted by most lawyers. If you think the court is illegally constituted and you bring it up, then the mistake is corrected. On the other hand, if you keep mum and raise the question in appeal, then the mistake cannot be corrected. I am not aware about the facts of Judge Warawewa’s retirement. But in most such cases lawyers adopt this tactic. If the prosecution is not diligent, why should the accused point out the mistake? Another such tactic of lawyers is when in the lower court the Police forget to file a formal charge sheet. In a bad case, the lawyer would quietly find out whether the charge sheet is in the case record. If there is no charge sheet, the lawyer would still go ahead and fight the case and point out the deficiency after all the evidence has been led. Then it is too late to correct the mistake.
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Lal Rathnayake / November 19, 2011
Sri Lanka is a black stain within the Democratic World. The entire world is aware that the Country is ruled by a power crazy lunatic, and also his Jungle Law & Kangaroo Courts that function. The Country is ruled by intimidation and fear mongering, not surprised that the Judges too are afraid as the civilians and the media personal, to talk against the corrupt family regime. If he consider this as a Birthday gift, the entire world wishes him and his family to rot in hell.
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Nilanthie / November 18, 2011
Could trigger a revolt by Fonsekas military.
A Sri Lankan officer like the young Gaddafi, Jerry Rawlings or even Musharaf could bring law and order to this country
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Peter Casie Chetty / November 18, 2011
Hope spring eternally to the hearts that are lost. No the Sri Lankan army knows more about the man than you do.
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Harischandra / November 19, 2011
The Banana Republic of the Jarapaksha family is born. Let the whole world know about this. If Jarapaksha thinks that he can dictate terms to the world like he does to the idiotic voters who vote for him, he is wrong. A kudu selling murderer is allowed to go out of the country and a brave GENERAL is jailed. The whole F****** royal family is cursed and may these F****** be dammed.
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sunil / November 18, 2011
Another sad day for srilanka. Hope and pray this will be the last Birthday that person will celebrate. anyone can guess whom i am referring .to
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Dr. Maverick / November 18, 2011
Interesting – CJ’s b’day gift to MR ;)
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Peter Casie Chetty / November 18, 2011
Guilty of making up stories to bring the reputation of a country to the same standard of the USA in Vietnam?
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Dr. Maverick / November 18, 2011
Finally, we will not have a country when the “family” sells each and every inch of of land of this country to the Chinks – which do you prefer?
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Keerthi Ilangakoon / November 19, 2011
she is not only bitch ,she is a fu****g bitch.
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Father Land / November 19, 2011
This what happens when whores enter the legal profession. An excellent birthday gift to the dictator. Maybe Deepali will present herself in the birthday suit also.
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Upasaka / November 19, 2011
A NATION WHICH SPENDS THE TAX PAYERS MONEY TO KEEP THE LTTE ARMS PROCURER IN ACLAND HOUSE(VISUMPAYA0 IN THE LAP OF LUXURY/A NATION THAT SPENDS THE TAX PAYERS MONEY TO GIVE A MINISTERIAL POST TO KARUNA WHO KILLED 600 POLICE MEN/ BHIKKUS AT ARANTHALAWA/ A NATION WITH A LEADERSHIP WHICH RUNS TO SAFEGUARD HEROIN DEALERS AT THE DROP OF A HAT/WHO SAFE GUARDS MURDERERS/ WHO PREACHES THE DHAAMMA TO OTHER PEOPLE. BUT UNFORTUNATELY TAKES REVENGE OUT OF THE VERY MAN OUR VALLIANT SINHALA SOUTHERN GENERAL WHO DEFEATED THE LTTE AND PAVED THE WAY FOR THE GOVT TO BRAG ABOUT THE WAR VICTORY. MAY THE GODS THAT GOVERN THIS WORLD CAST THEIR CURSES ON THIS GOVT LEADER ON HIS BIRTHDAY
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fernando / November 19, 2011
Not surprising at all, when the Country is ruled by a power crazy lunatic with Jungle Law and Kangaroo Courts. M.R knows for certain that General Fonseka won the election with a majority that he rigged and changed the result. This was proved with the Generals immediate arrest followed by Kangaroo Courts to put him behind bars. How can he leave a gentleman loved and respected by the majority free ??? In preparation he brought the Justice Dept. under him and appointed a C.J. who’s husband is a political stooge holding a political appointment. The white flag case is true, but the real culprits are M.R. & family and few from the Forces on Diplomatic Assignments to get immunity. May this family rot in hell.
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janaka / November 18, 2011
very funny … its really b’day gift to MR. (well done sir – w.t.m.p.b warawewa.)
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Karu Abesinga / November 19, 2011
We are always with you SF… The truth can not be hidden for longer.. You are a hero SF..People can not be brainwashed always..
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Peter Casie Chetty / November 18, 2011
A sitting judge being replaced by another creates a lacuna. They would have to call a mistrial if one of the judges retires and hear all the evidence from scratch. There is a cost factor and then Fonseka who has committed an act of treason would have had to be released on bail. Decide which one you prefer.
If he had been tried in Texas or California… my dear friend it would have been the death penalty or life imprisonment with parole in any other state. So do you want his to be tried in the Democratic Republic of the United States of America.
I hope Fredrika Jansz has a good night’s sleep now that she is responsible for the three years imprisonment Fonseka the ladies man has to serve.
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raymond / November 18, 2011
It appears you are definitely on MaRa’s payroll????
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Thidas / November 19, 2011
No, Sf was not charged for treason in any event. The punishment for treason is death sentence in SL too.
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Das / November 18, 2011
Knowing that he is going on retirement, and thereby any punitive measures cannot be taken against him, Judge Warawewa was bold in giving an unbiassed dissenting report exonerating General Fonseka of all charges.
The other two judges dared not give a ‘not guilty’ verdict, as this would confirm Gotabaya Rajapakse’s order to the military kill all surrendees in the last stages of the war.
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raymond / November 18, 2011
Arranged judgement like an arranged marriage!!! Will saner counsel ever prevail in Sri Lanka with Rajapaksha & Company holding the fort??
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Deshapremiya / November 18, 2011
VERY GOOD JUDGEMENT. SARATH FONSEKA SHOULD BE GIVEN LIFE IN PRISON FOR TREASON.
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B.Fernando / November 18, 2011
You are a IDIOT my friend. You have no idea what this crazy, lunatic family is doing to the Country.
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Roshan / November 18, 2011
You are a nother lunatic like MR
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Gnanasoma / November 18, 2011
I agree!! saving the country from LTTE for Gunamakuwas like you is a bigger crime.. why don’t you hand him then enjoy his flesh too..
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SR / November 19, 2011
fuck you Deshapremiya. That is all we can say.
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Athula / November 19, 2011
What for you lunatic go and lick the dirty slippers of MR
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bing larden / November 18, 2011
Thank God we are assured of him being locked up for another 3 years at least. Imagine if he was elected leader of the country. Minorities will be pushed into the sea by this blood-hound.
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Lion / November 18, 2011
I hate JVP for bringing this man into politics and making all this mess. JVP is responsible for convincing Sarath Fonseka to stand against MR. They should have correctly judged that the peoples choice, which was MR to continue after he standing against enormous international pressure and allowing the security forces to do the job of freeing the country from terrorism. JVP too is now paying for their “Ditta-dhamma-vedaneeya” sins.
Sarath Fonseka was one among several key commanders that provided the leadership to the military operations, yet wasn’t the leader of the country who led the whole nation towards this victory. I feel sorry for the fate that befell on SF.
Court judgement is a judgement, which can be challenged in a higher court. It should not be critisized in the way some have done in this forum. Unless the citizens keep faith on judiciary system, country will see anarchy and distruction soon. The title of the article itself is dangerous irresponsible.
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Raju / November 18, 2011
If the court did not give the verdict the government desired they could have changed the constitution like JR Jayawardana to convict Mrs. B. The people who are agitated seems conveniently forget the tyranny we had under JRJ who was dancing to the tunes of the west irrespective of consequences to Sri Lanka. Ranil if only the creation of JRJ. Some completely forget that Mr. Rajapaksa is elected according to the rules of constitution UNP created to stay in power for ever. When the government is not in the hands of a Jayawardana or Bandaranaike clans it becomes a bad one.
Mr. Fonseka if he is a brave soldier as he is claiming to be should face the judgment like a man without crying behind UNP/JVP veil.
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Sarath / November 18, 2011
law is an ass.. fedrika Janz..
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Sarath / November 18, 2011
Law is an Ass. FJ
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W K Sunil / November 18, 2011
Fonseka should have been jailed for life for high treason act he did by damaging the reputation of Sri Lanka. We are still hounded around world by rogue elements using his bogus white flag story.
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Gnanasoma / November 18, 2011
Why don’t you, Kiss my a.. Sunil, Ignorance like you should not even have computer..
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SR / November 19, 2011
People like you will take rajapakse’s shit from your bear hands after he is done. Shame on you. Don’t go out when it is raining, seven lightening will hit you.
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W K Sunil / November 18, 2011
Moderator, I have thought about my above comment again. Given the yemon service he did to the country, I think I will withdraw my about comment. Please delete it.
Thanks.
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rashan / November 18, 2011
pathetic!
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Lucky / November 19, 2011
AS LONG AS THE RAJAPAKSE CLAN IS IN POWER, FONSEKA WILL BE BEHIND BARS. WHY? ACTUALLY FONSEKA IS THE PRESIDENT OF SRI LANKA WINNING BY 53%. SO IF HE IS FREE THE RAJAS FAMILY WILL BE OUT. THAT IS THE CLEAR AND CUT STORY. END
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Yohesvaran Ram / November 19, 2011
Exactally. If Fonsake was President the Rajapakshes will be in jail.
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Ranjith Bandara / November 18, 2011
Great Birthday present to the President from the judiciary. Well done Shirani.
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Roshan / November 18, 2011
You are right.
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rufus / November 18, 2011
WELL PLANNED AND WELL ARRANGED VERDICT ! THIS TYPICAL TOTALITARIAN GOVERNMENT. WHERE IS JUSTICE ? REAL REVENGE FROM THE REGIME. ALL THIS TO COVER UP THE DRAUSMAN ( UN ) REPORT.
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sarath / November 18, 2011
dont blam the govt for this missary. SF had dug his own grave. the dead rope was given by JVP and UNP. as they were not capable enough to give a fight the poor fellow was chosen. he was so stupid to contest in the first instance and secondly to chose Fedrika TO interview on the eve of elections. whether SF said or not SF allowed the article to be published in Sunday Leader. there was no proper dinial of the contents.she is so irresponsible in publishing without considering the consiquences. one way the former army chief and otherway the interest of the country. my position is that she betrayed both. I CAN’T UNDERSTAND WHY PEOPLE BLAME THE GOVT for their own follies. the story that ” balloth ekka nidagathama mekkoth ekka negitinna wenawa” is repeted. now SF is paying for that.
the judiciary is indipendent. your statments against the judges and judiciary are as mischievous as the white flag story. the damage that cause will be irrepairable. we must mind our language.
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Gnanasoma / November 18, 2011
When our parliament is represent by many gus balls, why Can’t the General Who actually had a plan and executed, of course with the help of MR, Gota and others, deserve to be in Parliament. May be Fonseka should change his name to a Rajapaksa or marry his unmarried daughter to Namal.. case close..
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Ranvaka / November 18, 2011
@Sarath, how they become an Independent?? who signed Judge Depalee’s daughter’s wedding? it was Mahinda Rajapaksa. and try to find out what was the wedding present please. besides this happened while the case was going on.
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Sarath / November 18, 2011
Fonseka is a fool but the almighty Rajapaksas are criminals.
As far as Fonseka is concerned: “Isnt it a sin to kill a mockingbird”?
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DG US / November 18, 2011
Alleged War criminal jailed by AG’s Dept whose head is Colonel. Rajapakse,. Fonseka is dreaming that he is Mandela. Por guy when he gets out alive, we Tamils are looking out for him and his crimes b4 December 2009. That is much serious than his chat with the burger lady and Lasantha’s brother. LMAO.
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laksiri / November 18, 2011
\what to do this the nature of the jungle law from siri Lanka.The chief justice appointment was politically motivated.the nation rule by jungle law. and no future for people but for the corrupted politicos and their follows yes.
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Kalyana / November 18, 2011
I thought Fonseka did what Rajapakse and co wanted. And then he gets jailed? Was this a cover up?
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DG US / November 18, 2011
Yes and NO. Fonseka was ambitious and arrogant. When he looked at his little Colonel who he knew very well in the army and ran away because he could not take the heat from 1987-1991, he thought for himself, why not he take the whole damn power by the Ballot or By the Bullet. That is what happened in October 2009. He knows more secrets of War Crimes than anyone else in SL and has the smoking GUN that will certainly put at least 3 Rajapakse brothers away. So the R Brothers are not going to let him out of Welikada, unless he dies like Rohana Wijeweera or Prabhakaran on in the hands of Duminda Silva or Mervyn Silva. But Fonseka is a Army General and a fighter. He is not going to take any shit from the Silva’s, Silva Report (LLRC), or the Rajapakses. Namal will PEE in his pants, and so are his two little brothers or Aunty Nirupama. LOL.
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Raju / November 18, 2011
You are trying to glorify an idiot. It is the same people who talk like this said Fonseka was not good enough to even lead Salvation Army then. He was given this opportunity to serve as the Commander of the Army by Rajapaksa. He was over looked by every other government for more than 40 years. But this ungrateful man had the audacity to utter falsehood against everyone. After the war if one listens to the speeches made by him wonder where Navy and Air force was were during the war. He was trying to portray that he single handedly won the war. If he did not have a President like Rajapaksa he would have been another glorified Army Commander losing the war to the Tigers. If not for the President Rajapaksa’s commitment we would not have made a difference.
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SR / November 19, 2011
You are right. He survived three times from bomb attacks. He is a tough nut to crack. He knows all the war crimes than anyone else in the army. This idiot GR ran away to US during the war and now he is back to rob the country. All three idiots are ruining the country locally and internationally. They will never let him out. One day he will be found dead in the prison. We all know what happened to Premadasa. What goes around will come around one day. All we can do is to wait impatiently until the time comes. We can see how Mahinda Wijesekera is paying for what he did. Same fate for kudu Duminda too. Nobody can go against karma.
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Gnanasoma / November 18, 2011
This Raju must have a cow thong because he is kissing too many ass..s
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lalith / November 19, 2011
Whats wrong with all these people who are surprised!!!!!! Didnt you know that this is what rightly going to happen to SF at the moment he hold hands with JVP and mangala? This is why it says that only thing that you should control if you are to lead a comfortable life is your own mouth!!!!!!!! SF was a mighty warrior and for me there is no doubt about it. so is GR. MR was the real defender of the whole nation as he was defending night and day all people who fort the war for the country and MR was givven the credit by the people rightly for that. As someone mentioned here SF was so arrogant and foolish to over-estimate his credentials which was inflated by GR and MR them selves. What happened here was that the same people who inflated his glorry was taking it away because SF wasnt grateful to them. And I would have done exact same thing if I were GR or MR, end of the story.
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Thushara / November 19, 2011
Spineless MR back licking judges in sri lanka.
What has happened to our country.
This shows White Flag is true.
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shm. sadick / November 19, 2011
it is unfair and unjustice of Srilanka’s judgment the executives play vital role in judiciary it must be changed
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MR / November 19, 2011
My car , my petrol. Don’t you fools understand that is a prearranged birthday gift by myself :)
( I am the Executive President of SL with unlimited power , don’t forget !!!!!! )
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rafeek / November 19, 2011
Deepali, the Pr##### of law in Sri Lanka serving Rajapakses. Is it public service, or private service
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