White Flag Case:

No evidence to prove Defence Secy ordered to eliminate LTTErs - Dy Solicitor General

Sarath MALALASEKERA

There is not an iota of evidence before court to prove that Defence Secretary Gotabhaya Rajapaksa gave orders to the Army to eliminate LTTE cadres with white flags to surrender, at the end of the war, according to the evidence led before court during the lengthy trial in the White Flag case, said Deputy Solicitor General Buwaneka Aluvihare making his oral submissions before the Trial at Bar.

The Trial at Bar consisting of three High Court judges hearing the White Flag issue earlier directed the prosecuting team, led by Deputy Solicitor General Aluvihare, to commence their oral submissions yesterday. 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 Razeen.

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 the Defence Secretary had told Brigadier Shavendra 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 the Emergency Regulations Sections 28 and 29. Deputy Solicitor General Aluvihare said that the prosecution had proved the charges levelled against former Army Commander Sarath Fonseka beyond all reasonable doubt.

The defence had failed to prove that the charges against Sarath Fonseka are false.

Fonseka had made a dock statement during the trial, but it was not on oath. The dock statement was not clear whether Jansz reported correctly the interview she had with Fonseka. According to the dock statement, Fonseka had discussed the white flag during the interview he had with Jansz.

Journalist Frederica Jansz's evidence before court is the truth and nothing but the truth, the Deputy Solicitor General said. Deputy Solicitor General Buwaneka 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, U L G Bandara, Mervyn de Silva, Wasantha Pitigala, Niroshan Perera, Kelum Ubeysekera, Swarna Bandara and Chathura Anushka Amaratunga appeared for Fonseka.

Court proceedings will resume again on October 6, 2011. On an application by Senior Defence Counsel Nalin Ladduwahetty, the President of the Trial at Bar High Court Judge Deepali Wijesundera directed the Prisons Authorities to provide maximum security for Fonseka while being taken to the hospital and back.

The Senior Defence Counsel submitted to court that several LTTE suspects now in remand custody had been transferred to the Welikada Prison where Fonseka is staying.