Sarath Fonseka appeal against first military tribunal:

Hearings fixed for Oct 13

Wasantha Ramanayake

The Court of Appeal yesterday fixed for hearing the application filed by General Sarath Fonseka challenging the first military tribunal to try him for the offence allegedly committed by him while in uniform, for October 13.

The Bench comprised Justice Sathya Hettige PC, Justice W.L.Ranjit Silva and Justice Anil Gooneratne PC.

President’s Counsel Romesh de Silva for the petitioner stated that petitioner’s counter objections have been filed in the Appeal Court Registry. 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 hearing was fixed for October 13.