White flag issue:

Ambassador gives evidence

Sarath Malalasekera

Ambassador and Permanent Representative for Sri Lanka to the United Nations in Geneva, Kshenuka Senewiratne giving evidence before the Trial-at-Bar hearing Sarath Fonseka’s white flag issue yesterday said that she read on the internet the news item under the banner headline ‘Gota ordered them to be shot,’ by journalist Frederica Jansz in the Sunday Leader of December 13, 2009.

Examined in Chief by Deputy Solicitor General Wasantha Navaratne Bandara, who is leading the prosecuting team, Ambassador Kshenuka Senewiratne said that any person in the world could read that story which appeared on the internet and International Crisis Group (ICG). The ICG is funded by Western countries.

The Bench comprised 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.

Witness said subsequently she received a letter addressed to her from UN Special Rapporteur on Extra Judicial Summary or Arbitrary Execution Prof. Philip Alston, inquiring about the story which appeared in the Sunday Leader newspaper.

The Ambassador said that later the UN Special Rapporteur in fact commended the Sri Lankan Government for acknowledging the communication sent by Prof Philip Alston and looked forward to respond to his letter after a full investigation conducted into the matter. Clarification about the article communicated to the UN officials was yesterday produced before the Court.

Questioned at length about the communication send to UN officials the witness said that she had mentioned that after full investigations a comprehensive report will be forward to them.

On an application by DSG Navaratne Bandara the Court issued summons on several prosecuting witnesses to give evidence before Court today, (24).Sarath Fonseka earlier pleaded not guilty to the three charges preferred against him namely making a false statement to The Sunday Leader Senior Journalist Frederica Jansz that Defence Secretary Gotabhaya Rajapaksa had told Brig. Shavindra de Silva to eliminate the LTTE cadres who come with a white flag to surrender during the final stage of the war. Sarath Fonseka is charged on three counts under the Criminal Procedure Code and under the Emergency Regulations Sections 28 and 29.

Attorney General, President’s Counsel Mohan Pieris yesterday watched the proceedings in open Court.

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 appeared for Sarath Fonseka. The case will be called again on November 24, 2010 at 10.30 am.