Fonseka to be court-martialed next week

Former Army Commander, General (Rtd) Sarath Fonseka will be brought before two courts-martial to face several charges under three sections of the Army Act.

Two courts-martial have been appointed by President Mahinda Rajapaksa in order to try former Army Commander, General (Rtrd) Sarath Fonseka. This was revealed by the Army spokesperson at a media briefing today (11 March).

The courts-martial will comprise Major General H. L. Weerathunga (Chair), Major General A. L. R. Wijetunga and Major General D. R. A. B. Jayatilake. The Judge Advocate will be Rear Admiral W.W.J.S. Fernando.

One charge against Fonseka will be under the Section 124 and two charges under the Section 102 of the Army Act for engaging in politics while serving in the army.

Section 102: (1) Every person subject to military nlaw who neglects to obey any gener4al or garrison or order shall be guilty of a military offence and shall on conviction by a court martial , be liable to, ifr he is an officer, to be cashiered or to suffer any less severe punishment, in scale set out in section 133, and if he is a soldier , to msuffer simple or rigorous imprisonment for a term not exceeding three years.

(2) In this section “general order” does not include a regulation made under this Act.

Four charges have been made under the Section 109 E of the Army Act to be tried at the second court-martial for violating army regulations when procuring weapons.

Section 109: Every person subject to military law who –

(e) commits any other fraudulent act herein before not particularly specified, or any act of a cruel, indecent or unnatural kind,

Shall be guilty of a military offence and shall on conviction by a court martial , be liable to suffer simple or rigorous imprisonment for a term not exceeding three years or any less severe punishment in the scale set out in section 133. (The Act 133 scale of punishment is given at the end of this news report.

The courts-martial sitting will be held at the Navy Headquarters on 16 and 17 March 2010.

Scale of punishments by Court Martial

Section 133. "(1) Subject to the provisions of section 134, the following shall be the scale of punishments, in descending order of severity, which may be inflicted on officers convicted of offences by courts martial:

(a) death;

(b) rigorous imprisonment;

(c) simple imprisonment;

(d) cashiering

(e) dismissal from the Army;

(f) forfeiture, in the prescribed manner, of seniority of rank, either in the army or in the corps in the case of an officer whose promotion depends upon length of service, forfeiture of all or any part of his service for the purposes of promotion;

(g) severe reprimand or reprimand;

(h) such penal deductions from pay as are authorised by the Act.

(2) Subject to the provisions of section 134, the following shall be the scale of punishments. In descending order of severity, which may be inflicted on soldiers convicted of offences by courts martial:--

(a) death;

(b) rigorous imprisonment;

(c) simple imprisonment;

(d) detention for a term not exceeding three years;

(e) discharges with ignominy dismissal from the Army;

(f) dismissal from the army.

(g) in the case of warrant officer or a non-commissioned officer, reduction to the ranks or to a lower grade, or forfeiture, in the prescribed manner, of seniority of rank;

(h) In the case of a warrant officer or a non-commissioned officer service reprimanded.

(i) Such forfeitures of and deductions from pay, and such fines, as are authorized by this Act."

Furthermore, for the offence of * Creating a private army of more than 1,500 deserters whilst holding the office of the Army Commander in pursuit of his self-serving politics, he will be referred to the appropriate civil courts for trial under the Army Act section 138.

- Asian Tribune -