Court orders Fonseka’s transfer to NHC

Sarath MALALASEKERA

Colombo High Court judge Sunil Rajapaksa yesterday ordered the Prison Commissioner to transfer Sarath Fonseka to the Colombo National Hospital from the private hospital where he is receiving treatment for security reasons.

The judge in his lengthy order stated Fonseka could request Colombo National Hospital authorities to obtain treatment from his specialist doctor treating him at the private hospital, Colombo.

The judge observed that considering the submissions made by Senior State Counsel Damith Totawatta and Fonseka’s Senior Counsel Saliya Peiris, Fonseka needs maximum security while in hospital.

According to a report submitted to court by Prison Commissioner Asoka Hapuarachchi, prison authorities are unable to provide maximum security for Fonseka while at the private hospital.

The judge also observed that according to the submissions before court there is a threat to Fonseka from the LTTE and other organisations and that the Colombo National Hospital could provide security for Fonseka.

At the outset, Senior State Counsel Damith Totawatta submitted to court to transfer Fonseka from the private hospital, for security reasons to the Colombo National Hospital.

Fonseka’s Senior Counsel Saliya Peiris objected to the application by the Senior State Counsel to transfer his client to the Colombo National Hospital for security reasons.

The case against Fonseka, charged before Colombo High Court judge Sunil Rajapaksa with illegal harbouring of 12 rider-solders after his retirement was yesterday put off for May 14, 2012.

According to the charge sheet, Fonseka as the Chief of Defence Staff had no legal rights to use the rider-solders after retirement from service.

Col Senaka Harippriya de Silva is charged with aiding and abetting Fonseka.

Senior State Counsel Totawatta, State Counsel Riyas Bary with Army Legal Officer Maj Nuwan Liyanage appeared for the Attorney General.

Senior attorney Saliya Peiris with Rukshan Nanayakkara and Nilanthi Peiris instructed by Paul Ratnayake Associates appeared for Fonseka.

Senior attorney Upul Jayasuriya with Kelum Kumarasinghe, S Ranasinghe, Madubashini Ariyadasa appeared for Senaka de Silva.

Further hearing will commence on May 14, 2012.