White flag case:

Order put off for December 16

Sarath MALALASEKERA

The Trial at Bar hearing Sarath Fonseka's white flag issue yesterday put off its order for December 16, 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.

Earlier, Court directed the Derana TV News editor to produce the CD containing the full text of the speech made by Fonseka during the election campaign in 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.

Trial at Bar President Judge Deepali Wijesundera directed Senior State Counsel Dilan Ratnayake and Senior Defence Counsel Nalin Ladduwahetty to submit their written submissions before the next date. Earlier, Ratnapura Derana correspondent Gayan Kachanamal Kudagama gave evidence under examination by Deputy Solicitor General Wasantha Navaratne Bandara. The witness said that he recorded the speech made by Fonseka on December 23, 2009 at Ratnapura. Later, he handed over the recorded CD to the Derana news desk.

Fonseka earlier pleaded not guilty to the three charges referred against him namely making a false statement to Sunday Leader Journalist Frederica Jansz that Defence Secretary Gotabhaya Rajapaksa had told Brigadier Shavendra de Silva to eliminate LTTE cadres who come 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.