On My Beat: Second court martial to try Fonseka reconstituted with three new members

Sri Lankan Army has appointed three new members to the second Court Martial to try the former Army Commander Sarath Fonseka, Asian Tribune reliably learns.

Accordingly, Asian Tribune learns very reliably that Major General S.W.L Daulagala-- Security Forces Commander South, Major General Mahinda Hathirasingha- Security Forces Commander Jaqffna and Major General Kamal Gunarthane-- Security Forces Commander Vanni, are the three selected as the members of the second court martial to try former Army Commander Sarath Foneska. The appointments have to be officially confirmed.

On the last 17 March when the second court martial assembled to consider the charges against the former army commander, the hearing was adjourned sine die with no appointed day for resumption. Judge Advocate General Rear Admiral W.W.J.S Fernando announced the adjournment of the court martial.

The second Courts Martial was earlier presided by Major General H.L Weerathunga and also served by Major General A.L.R Wijethunga, Major General D.R.A.B Jayathilake to decide on the four charges lined up for hearing against Sarath Fonseka.

Earlier, Sri Lanka Army decided to establish two courts martial with the same members of the tribunal to try seven charges – three charges in the first tribunal and four by the second tribunal.

It is not a new phenomenon for the same members of the tribunal to sit in more than one court martial to try the charges against an Army officer.

The very same Sarath Fonseka when he was the Army Commander appointed a three General Court Martial with five members to try nine charges against Maj. Gen. Parakrama Pannapitya -the first Court Martial to try three charges, second to try four charges and the third to try two charges.

Unfortunately, the convening of the General Court Martial was challenged by Maj. Gen. Pannapitya’s Counsel Anil Silva and it was pointed out that only in case the accused was charged with either treason, murder or rape a General Court Martial could be convened.

Subsequently, Sarath Fonseka appointed three Court Martials again to try General Parakrama Pannapitya, presided over by Major General V.R. Silva. Unfortunately when V.R. Silva retired from the regular force of the Army the court martial proceedings became null and void.

Again in August 2009 another three Court Martials were assembled with Major General H.L Weerathunga, Major General A.L.R Wijethunga and Major General S W L. Daulagala. The first two Major Generals are also in the Two Court Martial established to try Sarath Foneska.

Asian Tribune learns that already the two Major Generals were appointed to try nine charges by three Court Martials against Major General Parakrama Pannapitya and it will be a hard thing for them to take part in another two court martials, hence they are relieved from the second judicial court that will try Sarath Fonseka.

That is why it seems that there was an urgent need to establish a new Court Martial.

Accordingly it is learnt that a new set of three members are appointed for the second Court Martial to try the four charges against Sarath Fonseka.

- Asian Tribune -