White Flag issue:

Further hearing put off for March 30

Sarath MALALASEKERA

The Trial at Bar consisting of three High Court Judges hearing the Sarath Fonseka white flag issue yesterday put off further hearing for March 30.

The Bench comprising Colombo High Court Judge Deepali Wijesundera (President), Colombo High Court Judge WTMPB Warawewa and Colombo High Court Judge MZ Razeen.

At the outset Senior Defence Counsel Nalin Ladduwahetty informed court that he had filed a list of witnesses for the defence. He had mentioned sixteen names as defence witnesses. Three more names will be included in the list with in a weeks time, he said.

Earlier, the Trial at Bar allowed an application to call witnesses for the defence on the next date. On an application by Senior Defence Counsel the Bench directed the Prisons authorities to provide hot water for Sarath Fonseka's use as he is suffering from a spineache. All the necessary equipment to obtain water in the prison premises will be provided by Sarath Fonseka's relations, the Senior Counsel added.

On the date of the last hearing the prosecution in the white flag case was closed after recording the evidence of two Criminal Investigation Department, Inspector Anura de Silva and Inspector Mahinda Jayasundera.

On an application by Deputy Solicitor General Buvaneka Aluvihare, who is leading the prosecuting team with the CID, Senior Defence Counsel Nalin Ladduwahetty said that he had already provided a copy of the defence witnesses to the State. The Judge inquired from the Prison authorities why they did not comply with the earlier court order to supply hot water for Sarath Fonseka at the prison. Sarath Fonseka earlier pleaded not guilty to the three charges preferred against him, namely, making a false statement to 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 Emergency Regulations Sections 28 and 29.

Deputy Solicitor General Buvaneka Aluvihare with Senior State Counsel Dilan Ratnayake, State Counsel Lakmini Girihagama and State Counsel Riyaz Bary appeared for the Attorney General. Senior Attorney Nalin Ladduwahetty with Nilanthi Peiris, Ajith Pathirana, ULG Bandara, Mervyn de Silva, Wasantha Pitigala, Niroshan Perera, Kelum Ubeysekera, Swarna Bandara and Chathura Anushka Amaratunga appeared for Sarath Fonseka.