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Wednesday, 23 June 2010

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Fonseka appeal against second Court Martial:

Order reserved for June 29

The Court of Appeal yesterday reserved the order for June 29, whether or not to issue notice in the writ application filed by General Sarath Fonseka against the second court martial to try him for the alleged offense committed while serving as the Army Commander.

The Bench comprised Justice Sathya Hettige PC, Justice Sarath Abrew and Justice Ms. Rohini Marasinghe.

At the outset Deputy Solicitor General (DSG) Sanjay Rajaratnam appearing for the Army Commander and the Judge Advocate of the military tribunal raised objections to notice being issued on the respondents and moved to dismiss the case.

The DSG submitted that in terms of the Section 46 of the Army Act the convening order of the military tribunal was signed by the President and that the acts of the President's could not be challenged in the court of law since he has the immunity.

He submitted that any suitably qualified person could be appointed as the judge advocate.

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.

President's Counsel Romesh de Silva with Sugath Caldera appeared for the petitioner.

DSG Sanjay Rajaratnam and Senior State Counsel Nerin Pulle appeared for 1, 5, and sixth respondents.

Senior Counsel S.L. Gunasekera with Sanjeewa Jayawardane and Manoj Bandara appeared for the 2 and 3 respondents.

Sanjeewa Jayawardane with Manoj Bandara appeared for fourth respondent.

 

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