Sarath Fonseka appeal case:

Three-member Bench appointed

The Court of Appeal yesterday appointed a Bench of three Court of Appeal Judges to look into the application filed by General Sarath Fonseka challenging the second military tribunal appointed to try him for the alleged offence committed while he was holding office in the Army. The Bench comprised Justice Sathya Hettige PC with Justice Anil Gooneratne PC.

The Court appointed Justice Satya Heetige PC Justice Ms. Rohini Marasinghe and Justice Sarath Abrew to decide on the application.

The petitioner stated that almost all the members of the second court marshal have been dealt with in terms of disciplinary actions during his tenure as the Army Commander. The petitioner therefore stated that the military tribunal is biased.

The petitioner sought to quash the decision to appoint the second court marshal on March 17 and an order prohibiting the same.

The petitioner stated that as retired from the Army, he is not subject to the military law and his detention is illegal.

The petitioner cited the Army Commander, Major General M.P. Pieris, Major General W.W.L. Daulugala, Major General M. Haturusinghe and Rear Admiral W.S. Fernando as respondents. The application will be called on June 04.