Prosecution has proved charges against Sarath Fonseka beyond doubt - DSG

Sarath MALALASEKERA

The prosecution has proved that all three charges against Sarath Fonseka were beyond all reasonable doubt in the white flag case. Defence Secretary Gotabhaya Rajapaksa in his evidence categorically denied that he never gave the Army any orders to eliminate the LTTE cadres who came with white flags to surrender during the last stage of the war, said Deputy Solicitor General Buwaneka Aluvihare, before the Trial-at-Bar yesterday.

During the dock statement made by Sarath Fonseka, he did not mention that he got any orders from the Defence Secretary to eliminate the LTTE cardres who came to surrender with white flags during the war, the DSG said.

The Deputy Solicitor General said that Sarath Fonseka's statement made during the interview with journalist Frederica Jansz is amounting to incite people and create tension among the public.

All evidence led by the prosecution during the trial are independent and the defence had not challenged that evidence, DSG added.

According to the evidence led by the defence, the international media were also interested in Sarath Fonseka's interview which appeared in the Sunday Leader on December 13, 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 M Z Razeen.

The three charges preferred against Sarath Fonseka was that he made a false statement to Sunday Leader senior journalist Frederica Jansz that Defence Secretary Gotabhaya Rajapaksa had told Brigadier Shavendra Silva to eliminate the LTTE cadres who came with white flags to surrender during the final stage of the war.

Sarath Fonseka is also charged under the Criminal Procedure Code and under the Emergency Regulations Sections 28 and 29.

In his lengthy submissions, Deputy Solicitor General Aluvihare said that the prosecution had proved the charges levelled against former Army Commander Sarath Fonseka beyond all reasonable doubt, but the defence had failed to prove that the charges against Sarath Fonseka are false.

The Deputy Solicitor General said that the Court could consider the evidence of journalist Frederica Jansz. Her evidence is truth and nothing but the truth, the Deputy Solicitor General said.

Not a single evidence was led before court that Frederica Janz had misreported the interview that she had with Sarath Fonseka about the white flag issue, the DSG added.

Deputy Solicitor General Aluvihare in his lengthy submissions quoted several local judgements and Privy Council Judgments - Queens vs others in support of his submissions to court in respect the three charges. Deputy Solicitor General Buwaneka 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 Sarath Fonseka.

The Court proceedings will be resumed again on October 12, 2011 at 10.30 am.