White Flag issue:

Order put off for Dec 8

Sarath MALALASEKERA

The Trial at Bar hearing Sarath Fonseka's white flag issue put off its order for December 8, 2010 in connection with an application to telecast a section of the speech made by Fonseka at the Ratnapura Presidential Election rally on December 23, 2009. Court earlier directed 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 permissions to telecast the re-production of the speech made by Fonseka at Ratnapura.

Senior Defence Counsel Nalin Ladduwahetty objected to the application by the Deputy Solicitor General and submitted to court that full text of Fonseka's speech 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, Court reserved its order for December 1, 2010.

Earlier, Ratnapura Derana correspondent Gayan Kanchanamal Kudagama gave evidence under the examination of Deputy Solicitor General Wasantha Navaratne Bandara.

The witness said that he recorded Fonseka's speech on December 23, 2009 at Ratnapura. He later handed over the recorded CD to the Derana news desk.

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 Brigadier Shavendra de Silva to eliminate LTTE cadres who came with a white flag to surrender during the final stage of the war. Fonseka is charged on three counts under the Criminal Procedure Code and under 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, ULG Bandara, Mervyn de Silva, Wasantha Pitigala, Niroshan Perera, Namal Rajapaksa and Swarna Bandara appeared for Fonseka.

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