White flag case put off for May 12

Sarath MALALASEKERA

The Trial at Bar comprising three High Court Judges hearing the Sarath Fonseka white flag issue was yesterday put off for May 12.

On the last hearing date Senior Defence Counsel Nalin Ladduwahetty told court that former Army Commander Sarath Fonseka would make a dock statement before the Trial at Bar.

When the case was called yesterday junior Defence Counsel Niroshan Perera informed court that his Senior Counsel Nalin Ladduwahetty is out of the country and moved for a date. Deputy Solicitor General Buvenaka Aluvihara who is leading the prosecuting team said that he does not object to the defence application.

The Bench comprising 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. Several witnesses who were to give evidence for the defence were present in court yesterday.

They included Supreme Court Record Keeper R S G Ranasinghe, journalist Sukumar Rockwood and National Archives Director Saroja Wettasinghe.

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 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 Emergency Regulations Sections 28 and 29. Deputy Solicitor General Buvaneka Aluvihara 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, U L G Bandara, Mervyn de Silva, Wasantha Pitigala, Niroshan Perera, Kelum Ubeysekera, Swarna Bandara and Chathura Anushka Amaratunga are appearing for Sarath Fonseka. Court proceedings will resume again on May 12, 2011 at 11 a.m.