Court dismisses Fonseka’s appeal

Nelka MEDAGEDARA

The Court of Appeal yesterday dismissed Sarath Fonseka’s appeal against the judgement of 30 months’ Rigorous Imprisonment by a Second Court Martial when it was taken up before a Bench of three judges.

The Bench of judges unanimously decided to dismiss the appeal filed by Fonseka without charging costs as he is already serving a sentence.

The Court upheld that Fonseka has failed to prove his charges that the members of the second court martial are biased.

Court in its judgement cited that Fonseka has failed in producing adequate documentary proof to prove that the members of the second court martial are biased and not transparent. Court upheld that Fonseka had failed to meet the basic requirement of furnishing adequate documentary proof and evidence to court, enabling it to take a decision with regard to the case.

The court stated that the petitioner had failed in proving charges in the petition. The petition filed by Fonseka was taken up before Appeal Court Judges Erick Basnayake, A.W.M. Salam and Upali Abeyratne.

Justice Basnayake read the 28 page judgement in open court with Justice Abeyrathne agreeing while the judgement was announced by Justice Salam.

The court cited that it can not accept that Fonseka was ignorant over the offering of the tender to British Borneo Company, owned by his son-in-law. Referring to several cases of this nature and their judgement earlier court stated that all such cases were dismissed.

The court in its judgement has cited that 27 out of 70 clauses in the petition filed by Fonseka has accused of the justices of second court martial for being biased though he has failed in proving such charges.

Fonseka was sentenced to 30 months’ RI by the second court martial after he was found guilty for committing fraud in the Corp deal. He filed a petition before the Appeal court against the second court martial judgement.

Fonseka in his petition cited that he cannot accept the judgement given by the second court martial as it included three persons who were not in terms with him.

He sought an order from the Appeal Court to squash the second court martial judgement.

Romesh de Silva PC and attorneys Sugath Caldera, Eraj de Silva, Chanaka Cooray and Wasantha Batagoda appeared for Fonseka while Deputy Solicitor Generals Bimba Thilakarathne and Buwaneka Aluvihare appeared on behalf of the Attorney General. S.L. Gunasekera PC and attorney at law Sanjeewa Jayawardena appeared for the judges of second court martial.