Story of a not so public encounter

Evidence given by Trade and Cooperatives Affairs Minister Johnston Fernando at the court martial on Sarath Fonseka

Q: Did the person named Ruwan Weerakoon speak to you on any matter?

A: Immediately when I went I was asked what I would like to drink. I said that I would drink a coffee. After ordering for a coffee, he said that when I SMS now General Fonseka would speak to this phone, then you speak.

Before I went these things had been discussed. He directly started with the telephone. There were two telephones. One was on the table and the other was in his hand. It was a black telephone.

He started to send SMS from that telephone. After that he received some calls. He said that General Fonseka was speaking. I did not hear what he spoke. I heard what Weerakoon spoke. I did not hear what General Fonseka spoke. He said that he was in the company of some people and would speak when the others left and wanted me to stay. That message was given to me by Ruwan Weerakoon.

Q: After Ruwan Weerakoon told that how long you waited there?

A: Perhaps I was there for 30 - 40 minutes including the time taken for telephone conversations.

Q: When you were talking to Ruwan Weerakoon did anyone else interest the discussions?

A: I did not understand the question.

Q: You said that only you and Ruwan Weerakoon was there in the table. Correct?

A: Yes.

Q: Also you said that you waited for about 30 - 40 minutes. When you and Ruwan Weerakoon was in the restaurant, did you speak with Ruwan Weerakoon?

A: Yes I spoke.

Q: What I am asking is when you were with Ruwan Weerakoon, did you have any change of talking to any other person in any other manner?

A: Yes. I got the opportunity of talking over the phone.

Q: Can you explain the Court how you got the opportunity of talking over the phone in that manner?

A: Yes I can.

Q: Please tell?

A: After he got response to his SMS after 10 - 15 minutes he was sending some SMS messages.

Then he got a call on the other telephone, then answering that call he told me that it was General Fonseka and wanted me to speak. Then he took me to the small garden in that restaurant.

He took me to that place since others in the restaurant could over hear our conversation. In that place he gave the phone to me and wanted me to speak. I wanted to switch-on the speaker of the phone and talk. Because I wanted to get the conversation recorded in my recorder. But I did not get an opportunity for that. Ruwan Weerakoon stayed at that place. He said not to switch-on the speakerphone since others could hear.

When I talked, General Fonseka speaking from the other said Hello, Manthreethuma, how are you? I recognized that it was the voice of General Fonseka.

I said I am well. Then I was asked whether MP Lakshman Senevirate gave me any message. Then I said yes and said I was told only a little about it and asked what was the right message. Then he said that he has taken a decision against the prevailing system. That it is a very good decision for the country. He spoke without any respect to the President, spoke by mentioning President’s first name.

Similarly he spoke about the Defence Secretary without any respect, by mentioning him by his first name. Then he said that he will rise against these two. I have taken a decision. For which, I need the support of Lakshman Seneviratne MP and yours. Ranil Wickremesinghe of the United National Party cannot win. I can win. It is accepted by all. Therefore he wanted us to give him the Presidential Election nomination proposed by Lakshman Seneviratne and seconded by me.

After that he said that he can win and then mentioning the President by name and the Defence Secretary as Gotabhaya he said that he will speak only two or three words to those two, they would flee. Then he said we would meet before 23rd if possible.

He said I will go to America on 23rd and I will not return. I will return only after the Presidential Election date is announced. I will remain in America till then.

I am going for official work. After going I will take leave and stay with my daughters. By being there, after telling what I want to tell and after providing evidence on what America wants and I will return like a hero. Then, you all come to the airport and welcome me. Then I will embark as a hero.

Then he gave the message that by coming to politics and running as the Presidential candidate he could win. Then I asked once again exactly when he will depart. Then he said October 23rd. After that he said that he wants to meet me and Lakshman Seneviratne MP before that date.

I asked how we could meet. Ruwan Weerakoon had spoken about this to me earlier, he said that we must meet very carefully, and I will inform Ruwan about everything. When you come to meet do not come in vehicles but come in a three-wheeler.

I will inform you about the date of the meeting. I have to get it confirmed from Ruwan. Then I asked him what was his birthday.

He asked me why I was asking it. Then I said that we will look for astrology, I wanted to get this confirmed from Sarath Fonseka. Then he said it was 18.12.1950 born at 02.06.

Then he said it is not necessary to look into these, I have already looked at it and he was having a Rajayoga. He said he will and do not waste time for these things Manthreethuma.

He told these things in a happy tone. Then I said, we will then arrange a date before 23rd in coordination with Ruwan Weerakoon. Then he said not to mention these things to anyone and not to trust the security personnel I have.

He said that spies of the government are all over the place and therefore not to mention about these things to anyone until we finish the work. After that I handed over the phone to Ruwan Weerakoon.

Q: Now you said that you spoke over the mobile phone that was with Ruwan Weerakoon. But you said that at the time you spoke with General Fonseka you did not get the opportunity to switch-on the speaker. Now from the time you went to that restaurant and until the time you spoke to General Fonseka, was the tape recorder or the recorder in operation?

A: Yes. It was switched on. During the discussion time once I went to the toilet to check whether the recorder was off. It was switched off.

Q: Now you said that in your evidence that during your discussions with General Fonseka he wanted Lakshman Seneviratne MP to propose and for you to second?

A: Yes.

Q: Did he mention to you what to be proposed and seconded?

A: As I told at the beginning as the Presidential candidate of the United National Party.

Q: Did he mention when this proposal and secondment should be made?

A: At the Working Committee of the UNP.

Q: You know that United National Party is a registered political party in Sri Lanka?

A: Yes.

Q: Then you said a story about General Fonseka going to America on October 23rd. Is it correct?

A: Correct.

Q: Then you mentioned about things that will be done in America. Then you mentioned about giving evidence on what America wants. Correct?

A: Correct.

Q: Did he mention what evidence he would give that was wanted by America?

A: He said that America and other international powers are looking into the war, to entangle the President and the Defence Secretary. I have sufficient evidence required by them. I have kept all these records while I was in the Army.

As per information I have the President will announce the Presidential Election date next month.

He said that he will remain in America on holiday until the announcement is made. He said that he will return to Sri Lanka after providing all evidence and entangling these people.

Q: What you meant by ‘these people’?

A: He spoke targeting the President and the Defence Secretary.

Q: Now after that discussion you must have left the restaurant?

A: Yes. I spoke to Ruwan Weerakoon for about two - three minutes at the restaurant.

I was talking while looking around. He asked me why I was looking around. I said actually at that time a white jeep with tinted glasses came, not that much tinted, it came and turned and went.

Then Ruwan told me not to get scared for anything and he has only to press the ‘send’ button on his other phone and you have been provided security by General Fonseka. He said that the General has a pistol gang. Don’t get scared for anything. I also have security and similarly you also have security. Don’t get scared for anything. He is a very competent person. This can be done with him, and not to get scared for anything. Then I told him just looked around not because of fear.

Q: Minister, before this phone discussion you had with General Fonseka after meeting Runwan Weerakoon at the Cricket Club, have you met General Sarath Fonseka before?

A: Yes. When the President made an announcement in Parliament after the end of war, I met him at the Members Restaurant in Parliament.

Q: Did you speak to General Sarath Fonseka when you met him at that time?

A: Myself, Lakshman Seneviratne and many others were present at that time. MP Lakshman Seneviratne shook hands with him and congratulated him on the war victory.

I was standing there at that time. At that time everyone was struggling to congratulate the President, the Defence Secretary and General Fonseka.

Q: Did General Sarath Fonseka speak to those present there at that time?

A: Yes he spoke.

Q: Did you hear those conversations?

A: Yes I heard

Q: Now in your evidence you mentioned about a war? What war that you mentioned?

A: The war that was carried out against the LTTE.

Q: Now you are a politician of the country. Were you paying attention to the war that was fought against the LTTE?

A: Yes I was paying attention.

Q: You know that the war end in the middle of the month of May in 2008. Is it correct?

A: Correct

Q: Now during the last stages of the war, after ending the war and just before ending the war, have you seen General Sarath Fonseka over the television?

A: Yes I have seen

Q: Were there occasions that General Fonseka spoke on those TV telecasts?

A: Yes

Q: Have you listened to those TV shows?

A: I have listened to the Thulawa TV show in which he spoke to Sudharman. Similarly I have listened to discussions he held with other TV channels. Especially I watched the whole Thulawa show.

Q: This Thulawa program is a program that runs for about one hour?

A: Yes

Q: You may have paid special attention to these TV programs as a politician?

A: Yes

Q: Similarly you said that you have listened to TV programs participated by General Fonseka?

A: Yes.