Despite
recent reports in the media that Sarath Fonseka will be released tomorrow (May
19) in view of the victory day celebrations, reliably learns that
Fonseka will in fact be released on Sunday (May 20).
Democratic
National Alliance (DNA) MP Tiran Alles held several discussions with President
Mahinda Rajapaksa over the release of Sarath Fonseka while Anoma Fonseka too
met with the President earlier this week.
The
President had assured both parties that Fonseka would be released
unconditionally after confirming to the Hindu newspaper that the country was at
a point in which it would be in its interest to release Fonseka.
Furthermore,
Presidential Spokesman Bandula Jayasekera stated on Thursday (17) that the
President had received Cabinet approval for the release following the President’s
meeting with Anoma Fonseka that morning.
Former
Army Commander Sarath Fonseka, who led the Sri Lankan army to victory against
the LTTE, was in detention since February 2010 following his unsuccessful bid
at the Presidential election earlier that year in which Mahinda Rajapaksa was
elected to his second term.
In
September 2010, a court martial sentenced him to 30 months imprisonment for
corruption related to irregularities in military procurements during his time
as army chief. He also lost the parliamentary seat he won in the April 2010
polls.
An earlier court martial also found him guilty of interfering in politics while in uniform and stripped him of his rank and pension.
An earlier court martial also found him guilty of interfering in politics while in uniform and stripped him of his rank and pension.
Fonseka
was arrested and convicted by both military and civil courts and stripped off all
military ranks as of August 2010 while the US State Department named him a
political prisoner in its 2010 Human Rights report.
Sarath
Fonseka was then found guilty by a divided decision in the case regarding the ‘White
Flag’ statement and sentenced to three years in prison by the Colombo High
Court on November 18, 2011.
The verdict was divided 2:1 and was given by the High Court bench headed by Judge Deepali Wijesundara and comprising Judges DMPD Waraweva and Zulfiqar Razin.
Justice Waraweva giving his judgment deliberated that Fonseka was not guilty on all three charges while Justice Wijesundara and Rashim found Fonseka guilty of the first charge and found him not guilty on the second and third charges.
The verdict was divided 2:1 and was given by the High Court bench headed by Judge Deepali Wijesundara and comprising Judges DMPD Waraweva and Zulfiqar Razin.
Justice Waraweva giving his judgment deliberated that Fonseka was not guilty on all three charges while Justice Wijesundara and Rashim found Fonseka guilty of the first charge and found him not guilty on the second and third charges.
He was
accused of inciting violence following an interview given to the Sunday Leader,
alleging that Defence Secretary Gotabaya Rajapaksa gave an illegal order not to
accommodate any LTTE cadres attempting to surrender with white flags during the
closing stages of the war and that troops had shot dead a number of
Tamil Tiger separatist leaders when they tried to surrender.
However,
Fonseka maintained that that the published comments had misquoted him
adding that the journalist Fredrica Janz had distorted a reply that he had
given to a question that she had put forward in her own words in order to build
this story.
Sarath Fonseka, who was at the time serving his 30-month jail term was sentenced to three years in prison and fined Rs.5,000.
Fonseka
appealed the decision while the petition is to be taken up at the Supreme Court.
Sarath Fonseka along with his son-in-law Danuna Tilakaratne and Director of
HiCorp Pvt. Ltd. Wellington De Hoedt were also accused of defrauding the Army
by purchasing military hardware going beyond the tender procedure.
Sarath
Fonseka was acquitted by the Colombo High Court of the charges brought against
him in the Hicorp fraud case citing that he could not be sentenced twice for
the same offence as the Court Martial had already found him guilty of the
charges.
Fonseka
continued to serve his three-year sentence amidst mass protests and pressure on
the government by the opposition parties and international powers to facilitate
the former army commander’s release.
Now it
is expected that the President would grant Fonseka a pardon following
assurances to the media and parties close to Fonseka that it would be done at
the earliest.
Sarath
Fonseka was granted conditional bail earlier today (18) by the Colombo High
Court in the case of harbouring army deserters during the Presidential
election.
The
State Attorney informed court that the government does not object to the bail
appeal by the former Army Commander, who was then ordered released under a cash
bail of Rs. 1 million and two personal bails of Rs. 2.5 million each.
The
Colombo High Court also barred Sarath Fonseka from leaving the country however
stating that he would be required to seek permission from the court in order to
do so.
source : adaderana
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