White flag issue:

Trial at Bar allows telecast of news footage in open court

Sarath MALALASEKERA

The Trial at Bar hearing Sarath Fonseka's white flag issue yesterday allowed the State application to telecast in open court today, the news item telecast over the Derana TV on December 24, 2009 and to lead evidence in connection with Fonseka's speech made at the election rally held on December 23, 2009 at Ratnapura.

The Court also directed the Derana News Editor to hand over a copy of the same video tape to Senior Defence Counsel Nalin Ladduwahetti.

Earlier the 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 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 MZ Razeen.

Ratnapura Derana correspondent Gayan Kachanamal Kudagama examined by Deputy Solicitor General Buvanaka Aluvihare said that he recorded the speech made by Fonseka at an election rally held on December 23, 2009 at Ratnapura. He later handed over the recorded CD to the Derana news desk.

The witness said that he is a freelance journalist and cover proceedings for Derana TV and Swarnavahini TV. After recording any event he sends it to the Derana or Swarnavahini News desk under Courier service.

All events are being covered with his personal Panasonic camera, the witness said.

Fonseka earlier pleaded not guilty to the three charges preferred against him namely making a false statement to The Sunday Leader journalist Frederica Jansz that Defence Secretary Gotabhaya Rajapaksa had told Brigadier Shavendra Silva to eliminate the 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 the Emergency Regulations Sections 28 and 29.

Deputy Solicitor General Buvaneka Aluvihare with Senior State Counsel Dilan Ratnayake, State Counsel Lakmini Girihagama and State Counsel Riaz Bawa 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, Swarna Bandara and Chathura Anushka Amarasinghe appeared for Fonseka.

The President of the Trial at Bar Judge Deepali Wijesundera severely warned several prosecution witnesses who were not present in court on time at 10 am.

The Court proceedings will be resume today at 10 am.