White Flag Case:

Fonseka guilty, gets three years

* Charged under Criminal Procedure Code, Emergency Regulations Sections 28 and 29

Sarath MALALASEKERA

The Trial-at-Bar in a divided judgement found former Army Commander Sarath Fonseka guilty of making a false statement to Sunday Leader senior journalist Frederica Jansz that Defence Secretary Gotabhaya Rajapaksa had told Brigadier Shavendra Silva to eliminate LTTE cadres who came with white flags to surrender during the final stage of the war.

Fonseka was sentenced to a three year jail term. In addition to the jail term, he was fined Rs 5,000. In default of the fine, he was sentenced to a further six months’ jail term.

The Bench comprised Colombo High Court Judge Deepali Wijesundera, (President), Colombo High Court Judge WTMPB Warawewa and Colombo High Court Judge M Z Razeen.

Colombo High Court Judge Wijesundera and Colombo High Court Judge Razeen found Fonseka guilty of the first count.

Colombo High Court Judge Warawewa found Fonseka not guilty of any of the charges preferred against him.

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

After the order was delivered, Fonseka addressing the court, said that he will never accept the order given by the Colombo High Court judges.

Defence Secretary Gotabhaya Rajapaksa, Sunday Leader Senior Journalist Frederica Jansz, Court Registrar and several others gave evidence for the prosecution.

UNP MP Karu Jayasuriya, JVP MP Anura Kumara Dissanayake, Sukumar Rockwood of an NGO, Prof. Ashley Halpe and several others also gave evidence for the defence.

During the trial, Fonseka made a dock statement.

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 Fonseka.