On My Beat: Instead of Court martial, Charge under Bribery Law, An Open And Shut Case

Now that Gen. Sarath Fonseka is a retired person, questions are being raised whether a Retired General could be Court-martialed for charges of conduct unbecoming of an officer and a gentleman while he was in service.

Army sources said it could be done and he could be charged easily for one thing--working behind the backs of his Commander-in-Chief , the President of Sri Lanka, whilst he was the Commander of the Army and Chief of Defence Staff.

The same sources said that he could be easily charged under Bribery Act, as there are mounting evidences of corruption available and it would be an open and shut case.

According to the Army Act, Gen. Sarath Fonseka has to be court-martialed and sentenced within six months after his retirement from the Army.

He was appointed as the Chief of Defence Staff on 15 July 2009 and tendered his retirement letter on November 12 and the Sri Lanka President accepted his retirement on 16 November 2009.

Observers are of the view even if one of these dates is construed as the date of retirement, it is unbecoming of an officer and a gentlemen as the language he had used during the election campaign amounts to challenging the integrity of the Commander-in Chief.

However, the Army Act 129(1) and 57(1) has to be read together to indict Sarath Fonseka.

The Army Act 57 (1) reads: "A person subject to military law commits any offence and thereafter ceases to be a person subject to military law may be taken into and kept in military custody and be tried and punished for that offence by a court martial provided that he shall not be so tried after the lapse of six months from the date of de commission in such offences unless such offence is the offence of military desertion or fraudulent enlistment, conduct unbecoming of an officer and a gentlemen."

According to this section of the Military Act, already more than three months have elapsed after Sarath Fonseka’s retirement from the Army and the Army has to arraign him within the balance period and court-martial him and prove his offence to sentence him according to military law.

But it is learnt that Army sources told that he could be charged under Bribery Act and easily convicted. They said that that it would be an open and shut case.

Furthermore, many of his associates have been arrested in connection with charges of conspiracy to topple the Government and also to assassinate President Mahinda Rajapaksa and his family.

In the meantime, sources told Asian Tribune that Brigadier Asoka Amunugama, the Commandant of the Infantry Training School, Minneriya, appeared before the CID yesterday for questioning in connection with the arrested Brigadier D C Kappetiwalane.

Brig. Asoka Amunugama was earlier General Sarath Fonseka’s Security Co-ordinator.

Also tomorrow Police will be questioning Lt. Bandara in the same connection.

In the meantime Maj Gen S R Manawaduge, Commandant of Western Province and Puttalam, has been appointed as the Colonel of the Commando Regiment.

Earlier, he was appointed as the Colonel of Medical Regiment, but now he has been moved to more appropriate position of the Commando Regiment.

- Asian Tribune -