Appeal Court refuses to extend interim order:

First Court Martial can resume sittings

The Court of Appeal yesterday refused an application that sought to extend the interim order which had prevented military tribunal from continuing with the first Court Martial against General Sarath Fonseka. The Bench comprised Justice Sathya Hettige PC, Justice W.L.R. Silva and Justice Anil Gooneratne PC.

The Court on the last occasion by a majority judgment granted an interim order until the filing of the objections by the respondents.

The counsel for respondents informed Court that they have filed objections.

The Court granted the petitioner time till June 14 to file counter objections. Deputy Solicitor General Sanjay Rajaratnam for the respondents raised objections to the application to extend the interim order.

The DSG submitted that the Court issued the interim order only up to filing of the objections by the respondents.

He also submitted that petitioners failed to send formal notice of the application and therefore it should be dismissed.

He further submitted that the Court by its orders should not hinder the process of another judicial body recognized by the Constitution.

President's Counsel Romesh de Silva for petitioner submitted that all the documents relevant to the application had been sent to all the respondents and there is no necessity to send formal notices.

He also submitted that in terms of the pith and substance of the majority order, the interim order should be extended until the final determination of the application.

He further also argued that the Army Act provide for the judicial revision by the Court of Appeal of the Court Martial at any stage of its adjudication process.

Petitioner Sarath Fonseka challenged the Court Marshal convened to try him and his detention.

He stated that he is not under the military law and he could be dealt only with the ordinary law.

He also objected to the three members in the military tribunal.

The petitioner cited Army Commander Jagath Jayasuriya, three members of the military tribunal H.L. Weeratunga, A.L.R. Wijetunga, D.R.A.B. Jayatilake and Judge Advocate W.J.S. Fernando and the Attorney General as respondents.

President's Counsel Romesh de Silva with Sudath Caldera and Eraj de Silva instructed by Paul Ratnayake Associates appeared for the petitioners.

Deputy Solicitor General S. Rajaratnam, Senior State Counsel A.H.M.D. Nawaz and Nerin Pulle appeared for the Army Commander.

Senior Counsel S.L. Goonesekera with Sanjeewa Jayawardane instructed Sudath Perera Associates appeared for the members of the military tribunal.

The application will be mentioned on June 14.