Navy officer found guilty, seniority reduced

Sarath Malalasekera

COLOMBO: The Three-Member Commission which conducted the Board of inquiry - Court-Martial-against a senior Naval Officer Commd. T.M.J. Mendis has found him guilty on both counts brought against him under Section 104 (1) of the Naval Act as amended by Act No 11 of 1993.

The Three-Member Commission consisting of Rear Admiral T. M. W. K. B. Tennakoon, Chairman, Rear Admiral D. N. Dharmaweera and Commd. R. R. Wijesundera gave the order reducing the Seniority of the Officer by ten months.The reduction of seniority by six months for the first count and reduction of seniority by four months for the second count.

Senior Counsel Upali Senaratne appearing for Mendis yesterday pleaded in mitigation in his lengthy submission of sentence and told the Commission that he will be appealing against the Court Marshal order to the Court of Appeal.

Commd: Mendis was charged on two counts under Section 104 (1) of the Naval Act as amended by Act No 11 of 1993 for his failure to take precaution as the Officer-in-Charge of the Southern Naval Area and counter measures with due care for the protection of the Naval Base, Ships, Craft and personnel at Galle harbour from terrorist attack despite the availability of prior reliable information on October 18, 2006 and repeated instructions from Naval Headquarters, an offence punishable under Section 104 (1) of Naval Act.

He was also charged during the cause of the same transaction, for his failure to obtain approval of Commander of the Navy prior to leaving his base despite specific instructions by the Navy Commander to proceed and stay at base, due to a possible terrorists attack on Galle Harbour.

Commd. Shavindra Fernando with Commd: A.M.A.W. Weerasinghe appeared for the prosecution.

President’s Counsel Denzil Gunaratne with, Buddhika Jayasinghe and Ms. Udayangani Seneviratne appeared for the Commd. Mendis.