Senior attorney on Court Martial

Sarath Malalasekera

Senior Attorney-at-Law Uapli Senaratne commenting on General Sarath Fonseka’s arrest said the retired General was taken into custody by the Military Police in Terms of Section 57 of Army Act.

Any person subject to Military Law commits an offence thereafter ceases to be a person subject to Military Law he still can be taken into and kept in military custody and tried and punished for an offence by a Court Martial.

This is provided that he shall not be so tried after the lapse of six months from the date of the commission of such offence unless such offence is the offence of mutiny, desertion or fraudulent enlistment.

Senaratne said that “MUTINY” is defined in Black’s Law Dictionary as uprising against authority. Court Martial is convened in Terms of part 9 of the Army Act and how it is held is set out in the Court Martial general and district regulations. Summary of evidence will be served on the General for his views, comments and defence before the trial is held.

Since I have attended number of Court Martial inquiries, Senaratne said that he was quite aware as to how these Court Martials are held and the respect with which the accused are treated before a Court Martial. At the Court Martial the Judge Advocate deals with the law and explains to the panel regarding the legal aspects and there is a prosecutor who prosecutes at the Court Martial.

The accused can be defended by any lawyer of his choice, Upali Senaratne said.