White flag case :

Trial-at-Bar put off for May 23

Sarath MALALASEKERA

The Trial-at-Bar, consisting of three High Court judges, hearing Sarath Fonseka's white flag issue, was yesterday put off for May 23.

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, prison officers who brought Fonseka to court forwarded a medical certificate obtained from a private hospital stating that Fonseka is having a problem with his throat.

On the last hearing date, Senior Defence Counsel Nalin Ladduwahetty, informed Trial-at-Bar President Colombo High Court Judge Deepali Wijesundera to direct prison authorities to take Fonseka to a private hospital and make arrangements for him to obtain treatment from a specialist for his illness. Several witnesses who were to give evidence for the defence were directed to appear in court on May 23.

They include Supreme Court record keeper R S G Ranasinghe, Journalism Awards of Excellence 2009 convener Sukumar Rockwood and National Archives director Saroja Wettasinghe.

Senior Defence Counsel Ladduwahetty brought to the notice of the Trial-at-Bar that an article published in the Sunday Leader on May 15, 2011 by journalist Frederica Jansz under the heading- 'Lasantha, the President and Sarath Fonseka' amounts to contempt of court.

The senior defence counsel said that he will take appropriate steps regarding the article after the defence concluded their evidence. Deputy Solicitor General Buvaneka Aluvihare, who is leading the prosecuting team, said that as there is no specific material before them, the prosecution does not wish to comment at this stage.

Fonseka is charged on three counts under the Criminal Procedure Code and under Emergency Regulation 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 appeared for Fonseka.