Air is clearing over Fonseka trial
By K T Rajasingham
Colombo, 15 February (Asiantribune.com):
Doubts of many whether Retired General Sarath Fonseka could be tried under the Army Act has now been clarified and even cleared by the lawyers of Sarath Fonseka and the true position has been conveyed to him by his lawyers, Asian Tribune has reliably learnt.
In the meantime it is learnt that Police Criminal Investigation Department officials were with Sarath Fonseka yesterday to question him on his Arms Dealer Son-in-law’s HiCop company and also about the deals carried out in the import of arms related items to the Sri Lanka Army.
But it is unclear whether the police was able to unravel the mystery behind the British Boneo Company, another company Danuna Tilakaratne made use of to carry on export of Arms related military hardware to Sri Lanka.
Asian Tribune has already clarified that there is no company called British Borneo Company either in Australia or in any part of the world. A fictitious company, it was revealed.
Even yesterday and day before yesterday, Anoma Fonseka visited Sarath Fonseka two time both days and brought lunch and dinner for him. Day before yesterday Anoma was accompanied by Rajapaksa Wijeyadasa, the lawyer of Sarath Fonseka.
Already it has been reported in this column that Chief of Staff Maj. Gen. Daya Ratnayake has started recording “summary of evidence” from witnesses over alleged attempts to overthrow the government, assassinate President Mahinda Rajapaksa and on the corrupt military deals.
Asian Tribune has learnt that Gen. Fonseka’s has refused to take part in the recording of the summary of evidence. The refusal to participate in the recording of the summary of evidences, he only precludes himself of the opportunity to question and obtain clarifications from the witnesses.
Even if he fails to participate in the recording of the summary of evidence, the army officials will continue with the recording of evidence from the witnesses and the same would be produced at the Court Martial inquiry. Non-cooperation of Sarath Fonseka would not in any way prevent the proceeding of the recording of the summary of witnesses.
Asian Tribune learnt that the army officials while recording the summary of witnesses have made sure that Sarath Fonseka is posted with live audio relay through special audio arrangements.
In the meantime it is learnt a Presidential Counsel in an interview with weekly English daily has said that
“We have told the government from the beginning that according to the Army Act the Army Commander cannot be tried in a Military Tribunal. The Army Commander’s is the highest position of the army and although he can send anyone to a military tribunal he is above a military tribunal. The president can sack the Army Commander if he thinks the commander has breached the Army Act.”
This statement is a misnomer.
There is no one above the law, whether he is a soldier or a commander. All the Army personnel are addressed with numbers. Even Sarath Fonseka when he joined the army as a commissioned officer he was allotted with a number – 50536. This officer was continuously identified with this number from the days he joined the Army as a second Lieutinent up to the days he was the Army Commander, as well as the Chief of Defence Staff, and thus he is like any other officer in the Army.
This legal luminary should read the letter requesting for retirement sent by Sarath Fonseka on 12 November 2009, where Sarath Fonseka has very clearly requested the Sri Lanka President:
I have the honour to request that I be permitted to retire from the Regular Force of the Army with effect from 01st December 2009.
Therefore Sarath Fonseka is only another officer in the Regular Force of the Army and he will be treated as any others in the Regular Force of the Army under the Army Act.
“Another problem with a court martial is that in a military tribunal the three judges should be of a senior rank. Sarath Fonseka is the only four star General we have, so where can we find the judges?
This statement of the President’s Counsel shows the paucity of his knowledge regarding the Army Act, or else he was purposely bent on misleading the reading public. It may be one or the other or both together.
According to Army Act 46;
46. (1) A general court martial may be convened by the President or such officer of a rank not below that of field officer as may be authorized by the President
(2) A General Court Martial shall -
(a) where it is convened to try a person subject to miltiary law for any other offence of treason, murder or rape, consists of not less than five officers and
(b) where it is convened to try a person subject to militiary law for any other offence, consists of three officers.
3. An officer of a rank below that of captain shall not be a member of a general court martial for the trial of a field officer.
4. The president of a general court martial shall be appointed by the authority convening such court martial, and shall not be that authority or an officer of a rank below that of field officer:
Provided, however, that where such authority in his order convening such court martial certifies that a field officer is not available owing to exigencies of the service, he may appoint an officer of a rank not below that of a captain as the president of such court martial.
Together one should read Court Martial Regulations Promulgated under Army Act:
6. (1) in the case of a general court martial, three at least of the members must not be below the rank of captain, but so, however, that an officer of a rank below that of captain shall not be a member of a general court martial for the trial of a field officer.
(2) The members of a court martial for the trial of an officer shall be of an equal, if not superior, rank to that officer, unless in the opinion of the convening officer to be stated in the order convening the court, officers of that rank are not, having regard to the exigencies of the service, available.
Furthermore, the Army has arrested him and confined in a Senior Navy officers apartment and treat him with all the facilities. Allowing his wife to bring food twice a day. Allowing her with him daily twice a day. Allowing his lawyer to meet him whenever he wanted and all other facilities. However he is an accuse and his offences were read out when he was arrested.
The question is now raised why so much of facilities should be provided to an accused.
It must be recalled that Colonel Richard Udugama, the Army Commander was arrested on 07 July 1966 and he was handed over to the Commissioner of Prisons to be kept under custody in the remand prisons.
- Asian Tribune -
Comments
Bias Media
Mr. Rajasingham as usual has done a wonderful investigative report. But the media is full of bias to Fonseka. They are blaming that there is no media freedom in Sri Lanka, but what we are only hearing the side of Fonseka. The press is not telling anything about the government view. Somehow we get the feeling that some international elements are behind this fiasco. They are relating Sri Lanka to Iran. Let the due process of law take precedence. It is a shame the so called Asian Human Rights Association directed by vindictive Basil Fernando directing a barrage of attack on the government so freely. They have got a set of sick writers only promoting the opposition view on the problems of Sri Lanka. One should take stock of huge amount of money pouring to Sri Lanka Guardian to publish these lies. Asisan Tribune is so civilised to allow comments by the readership on their articles promoting true democratic norms.