Surrendees never ordered to be shot - Maj Gen

Sarath MALALASEKERA

Major General Shavendra Nandana Silva, 46, giving evidence on the second day before The Trial-at-Bar hearing Sarath Fonseka’s white flag issue yesterday said that Defence Secretary Gotabhaya Rajapaksa at no stage told him, who was in-charge of the 85 Brigade, to eliminate the LTTE cadres who come with white flags to surrender during the last stage of the war.

He was examined in Chief by Deputy Solicitor General Wasantha Navaratne Bandara.

The Bench consisting of Colombo High Court Judge Deepali Wijesundera (President), Colombo High Court Judge W T M P B Warawewa and Colombo High Court Judge M Z Razeen. Major General Shavendra Silva said The Sunday Leader Editor Frederica Jansz’s story appeared on the front page of December 13, 2009 was totally false. There was no truth at all in that story -”Gota ordered them to be shot.”

A few days prior to the article was published in The Sunday Leader on December 13, 2009, Frederica Jansz had telephoned the Major General and had asked him about what Defence Secretary had told him about the LTTE leaders who came to surrender with white flags. The witness had told the Sunday Leader Editor Jansz to contact the Army Media Director.

All persons who attempted to surrender during the war period were accepted by the Army in good faith. They were treated as human beings and not as terrorists, the witness said.

The world recognized the Sri Lanka Army as one of the most courteous, disciplined and law abiding Forces in the world. All people who surrendered to Army including LTTE members were taken to Kilinochchi and Vavuniya for further investigations. All who surrendered to Army were given shelter in safety places and they were treated as human beings, the Major General said.

Major General Shavendra Silva, at present Deputy Permanent Representative of Sri Lanka to the United Nations, said that after the publication of Sunday Leader story he and his family members had to face several situations and they were worried. Number of friends had telephoned and inquired from him about the story, but he had told them that there is absolutely no truth in that story of Frederica Jansz, the Major General added.

The Major General said that he had given clear instructions to the 58 Brigade, who was conducting humanitarian operation in the Vanni District, to receive the LTTE cadres and the civilians who come to surrender without harming them. The civilians and the LTTE cadres who surrendered to Army were kept at the IDP centres in the North and the East.

There should not be any casualties, the Defence Secretary had told Army officials in the Vanni District.

The civilians and the LTTE cadres who surrendered to the Army at Vanni Humanitarian Operation said that they decided to surrender as they knew that the LTTE is losing the war. Sarath Fonseka earlier pleaded not guilty to the three charges preferred against him for making a false statement to Sunday Leader Senior Journalist Frederica Jansz that Defence Secretary Gotabhaya Rajapaksa had told Brig Shavendra Silva to eliminate the LTTE cadres who come with a white flag to surrender during the war.

Sarath Fonseka is charged on three counts under the Criminal Procedure Code and under the Emergency Regulations Sections 28 and 29.

Deputy Solicitor General Wasantha Nawaratna Bandara with Senior State Counsel Dilan Ratnayake, State Counsel Lakmini Girihagama and State Counsel Yohan Liyanage appeared for the Attorney General. Senior Attorney Nalin Ladduwahetty with Nilanthi Peiris, Ajith Pathirana, U L G Bandara, Mervyn de Silva, Wasantha Pitigala, Niroshan Perera, Namal Rajapaksa and Swarna Bandara Attorneys appeared for Sarath Fonseka.

The case will be called again November 18, 2010 at 10.30am.