White Flag Issue:

Order on Derana telecast on Dec 1

Sarath Malalasekera

The Trail at Bar hearing Sarath Fonseka's white flag issue yesterday reserved its order for December 1 in connection with an application to telecast a section of the speech made by Sarath Fonseka at the Ratnapura Presidential Election rally on December 23, 2009.

Earlier the Court directed the Derana TV News Editor to produce the CD containing the full text of the speech made by Sarath Fonseka during the election campaign at Ratnapura on December 23, 2009.

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.

At the outset Deputy Solicitor General Wasantha Navaratne Bandara, who is leading the prosecuting team, moved court to grant permission to telecast the re-production of the speech made by Sarath Fonseka at Ratnapura on December 23, 2009.

Senior Defence Counsel Nalin Ladduwahetty objected to the application by the DSG and submitted to court that full text of the speech of Sarath Fonseka should be telecast and not an edited portion of the speech.

Citing several authorities the Deputy Solicitor General submitted that the prosecution wanted to telecast only the re-production of the speech and not an altered or tampered portion of the speech.

After lengthy submissions by the Deputy Solicitor General and the Senior Defence Counsel the Court reserved its order for December 1, 2010.

Earlier the Ratnapura Derana correspondent Gayan Kachanamal Kudagama gave evidence under the examination in chief by Deputy Solicitor General Wasantha Navaratne Bandara.

The witness said that he recorded the speech made by Sarath Fonseka on December 23, 2009 at Ratnapura. Later he handed over the recorded CD to the Derana news desk.

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.

Shavendra Silva to eliminate the LTTE cadres who came 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.

Deputy Solicitor General Wasantha Navaratne 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, ULG Bandara, Mervyn de Silva, Wasantha Pitigala, Niroshan Perera, Namal Rajapaksa and Swarna Bandara appeared for Sarath Fonseka.

Senior Attorney U R de Silva watched the interests of the Derana Organisation.

The case will be called again on December 1, 2010 at 11 am.