Fonseka reinstated as General

 
Issuing a special order a short while ago (21) President Maithripala Sirisena has ordered to drop all charges filed against former Army Commander Sarath Fonseka, granting him Presidential Pardon and reinstating him as a General, reports say.

Speaking, Capt. Senaka Haripriya de Silva - the personal assistant of Fonseka, confirmed this.

Accordingly Fonseka is to be reinstated as a four-star General with his medals restored, Silva added.

Fonseka also served as Chief of Defence Staff before contesting the 2010 Presidential election against former President Mahinda Rajapaksa.

Prabhakaran’s son not captured live - Sarath Fonseka

‘During the war, no son of Prabhakaran was captured by the troops alive, says former Army Commander and leader of the Democatic Party, Mr. Sarth Fonseka.

In the final battle, attention was focused on identifying 450 dead bodies and for this purpose former leader of the LTTE Karuna Amman alias the present Deputy Minister Mr. Vinayagamorthy Muralidharan was present.

Mr. Fonseka was expressing his view regarding the controversy created by the Channel 4 depiction of various photographs. Amongst the dead bodies, Prabhakaran’s youngest son, Balachandran ‘s body was not there and only the bodies of Prabhakarans and his eledest son, Charles Anthony was identified. However, the fate of Prabhakarans’ wife , Madhavati, daughter Duwaraka or youngest son Balachandran was not known.

It was not n whether they had fled to another country and there was no information at all. The allegations of various media to accuse the Sri Lankan army of killing Prabhakaran’s youngest son is totally false, and if he was captured alive by the army , he would have been safe, Mr Fonseka said.

Sarath Fonseka released

Former Army Commander Sarath Fonseka was released from the Welikada prison a short while ago after being granted a Presidential pardon.

The Supreme Court today (May 21) allowed the withdrawal of two pending appeals by Sarath Fonseka’s counsel. Court has granted approval for the withdrawal of the appeal on the ‘white flag’ case and the special appeal challenging the verdict of the second Court Martial.

Fonseka, who was discharged from hospital today morning, was presented before the Supreme Court a short while ago.

The attorneys appearing on behalf of the former army chief had stated that the President has pardoned the petitioner, according to provisions of the constitution and that therefore he does not wish to continue with the petitions.

He was taken from the Supreme Court to the Welikada Prison where he was thereafter released while a large crowd had gathered outside the prison to greet the former Army Commander.

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.

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.

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.

Sarath Fonseka was granted conditional bail on May 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.

The President had made it known to the media and those close to Fonseka that the country was at a juncture in which it would be in its interest to release Fonseka while following separate meetings with Anoma Fonseka and Tiran Alles, it was announced that Fonseka would be released.

The President signed the necessary papers for Sarath Fonseka’s release on May 18 and handed them over to the chief of Presidential staff before leaving for Qatar that evening.

Presidential Spokesman Bandula Jayasekara told Ada Derana that the release papers were scheduled to be sent to the Ministry of Justice today (May 21).

Fonseka who was receiving treatment at the Nawaloka hospital for an illness pertaining to his lungs was discharged from hospital today after which he was taken to the Supreme Court.

The Supreme Court allowed the withdrawal of two pending appeals by Sarath Fonseka’s counsel. The Court granted approval for the withdrawal of the appeal on the ‘white flag’ case and the special appeal challenging the verdict of the second Court Martial.

Fonseka, who was taken back to the Welikada Prison was released shortly thereafter.

Sarath Fonseka's daughters visit their father ( Photos )

Daughters of former Army commander Sarath Fonseka – Apsara and Aparna, visited him at the Nawaloka Hospital in Colombo today (19).
They were joined by their mother – Anoma Fonseka.
The sisters had come to Sri Lanka from the US after learning that their father is to receive freedom soon.

SF granted bail in one case

The Colombo High Court today granted conditional bail to Sarath Fonseka in the case over harboring of army deserters during the presidential election.

When the petition filed by the former army chief was taken up before High Court Judge Sunil Rajapaksa today (18), appearing on behalf of Fonseka attorney Saliya Peiris declared that all the charges against the defendant have been filed under the penal code and therefore there is no obstacle in grant him bail.

He also pointed out that President Rajapaksa has already decided to release Sarath Fonseka and that Cabinet approval had been obtained for this yesterday.

Therefore continuing to detain Fonseka in remand custody over these charges is baseless, the attorney said.

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 leave the country.

The Attorney General had filed charge sheet comprising of 41 indictments against the former army commander and Senaka de Silva, who is charged along with Fonseka for allegedly employing army deserters during the last presidential election and conspiring against the government.

They have pleaded not guilty.

Captain Senaka de Silva, who acted as Sarath Fonseka’s private secretary, was ordered released by the Court of Appeals on March 28, 2011 on a cash bail of Rs.100,000 and was also barred from leaving the country.

Fonseka, soon after leading the Army to victory against the LTTE in May 2009, ran for the office of President in 2010, against his one time Commander-in-Chief Mahinda Rajapaksa however was defeated in the polls.

He was arrested in February and subsequently convicted by both military and civil courts and stripped of his military ranks in August 2010.

However, Sarath Fonseka will not be set free yet as he is still serving the sentence of the case regarding the ‘White Flag’ statement made by him.

Cabinet approves the release of Sarath Fonseka ‎

President Mahinda Rajapaksa got the approval of the Cabinet of Ministers to release Sarath Fonseka, Presidential Spokesman Bandula Jayasekera stated. 

Democratic National Alliance (DNA) MP, Tiran Alles after meeting with President Mahinda Rajapaksa last morning (May 16) stated that he believed that Sarath Fonseka would be released within the next two days.

He stated that a few small issued had to be ironed out regarding the release but he was confident that it would be done soon. He said that the President did not put forward any conditions regarding the release while adding that all discussions were constructive.

Meanwhile, Anoma Fonseka told AFP that she met President Mahinda Rajapakse on Wednesday night and that he assured her that her husband would be freed as soon as possible. “I was promised that my husband will be cleared of all charges and released unconditionally,” she told AFP. There was no comment from Rajapakse’s office, but an official confirmed on Wednesday that the retired four-star general, who unsuccessfully challenged Rajapakse in January 2010 elections, would be released “within days”.

SF to be transferred to National Hospital

Colombo High Court Judge Sunil Rajapaksa a short while ago ordered the prison Authorities to transfer former army commander Sarath Fonseka to the Colombo General Hospital from the Nawaloka Hospital citing security reasons.

This order was made following a request from the prisons authorities that they could provide enough security to the former army commander if he is transferred to the National Hospital as they are unable to provide enough security to him when he is at the Nawaloka Hospital.

After considering the request, the Judge had given the permission to transfer Fonseka to the National Hospital.
Few days ago, Fonseka was admitted to Nawaloka hospital after the Court directed that he be treated for a severe case of asthmatic bronchitis when his lawyers submitted his medical reports and the doctors’ recommendations. 

SF acquitted in Hi Corp case

High Court judge Sunil Rajapaksa today acquitted Sarath Fonseka from the Hi-Corp case, dismissing it by saying that he cannot be sentenced twice on the same offence.

However, the court fixed the trial against Fonseka’s son-in-law Dhanuna Thilakaratne who was also charged in the same case to be heard in absentia on May 3.

 

The High Court Judge made this order consequent to a preliminary objection raised by Sarath Fonseka’s Counsel Saliya Pieris on the indictment filed by the Attorney General on July 9, 2010.

 

The counsel in his preliminary objection challenged that the prosecution had made use of the same components to indict Sarath Fonseka in the second court martial and in the present case before the Colombo High Court and submitted to dismiss the case as Sarath Fonseka cannot be charged on the same charges twice.

 

The twenty five page judgment of High Court Judge Sunil Rajapaksa was read over by interpreter Mudliyar S.A.M. Nafli affirming that according to the law and the judicial procedure it is unjust to indict an accused twice on the same charges and acquitted Sarath Fonseka.

'Kudu Silva’ had not passed even grade five - Sarath Fonskea

It is up to the people to decide who the traitor is, said former Army chief Sarath Fonseka.

He made the comment at a private hospital in Colombo, where he was given physiotherapy treatment today (Jan. 10).

The imprisoned former Army commander said there would be a change to the political culture that was allowing persons like ‘Kudu Silva’ to hold ministerial positions.


‘Kudu Silva’ had not passed even grade five, had been a coconut thief before becoming a heroin dealer to destroy the future of the country’s children, Mr. Fonseka said.

The people will decide who the traitor is - the general who win the war or ‘Kudu Silva’ who sells heroin to the children, he added.

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Deepali Wijesundara to Court of Appeal

Deepali Wijesundara yesterday (Dec. 05) took oaths before president Mahinda Rajapaksa as a judge in the court of appeal.

She was previously a judge in the high court.

Secretary to the president Lalith Weeratunga was also present at the swearing-in at Temple Trees.

Mrs. Wijesundara served as the chairperson of the three-member trial-at-bar that heard the ‘white flag’ case against former Army chief Sarath Fonseka.

meanwhile imprisoned former Army chief Sarath Fonseka has congratulated high court judge Deepali Wijesundara, who has been promoted to the court of appeal.

Mr. Fonseka applauded the judge, as he was been escorted by prison officials out of the high court today (Dec. 06) where he appeared for the Hicorp case.

He said he expected that promotion for Mrs. Wijesundara.


Noting that he would always be with the people, Mr. Fonseka said that since justice cannot be expected in this country, the international community would be made aware about the tragedy faced by him.

The ex-Army chief requested all to sign the petition on behalf of him and speak up on behalf of him.

Appeal against White Flag verdict

An appeal was filed in the Supreme Court today against the verdict delivered in the White Flag case which found former Army Commander Sarath Fonseka guilty of one count.

The appeal was filed by Paul Ratnayake associates on behalf of Sarath Fonseka.

The appeal was filed against the verdict given by two judges Deepali Wijesundara and M.Z. Razeen of the High Court sentencing Fonseka to three years in prison and a fine of 5000 rupees.

However, W.M.T.B. Warawewa who was one of the judges in the three-member trial-at-bar acquitted former army commander Sarath Fonseka of all charges - in a dissenting judgment.

UNP protest to release Sarath Fonseka

Massive crowds of people attended a protest march and rally that began at Hyde Park in Colombo this afternoon (Nov. 29) to demand freedom for former Army chief Sarath Fonseka and other political prisoners and protested over several more issues.

The protest march began from near Viharamaha Devi Park under the leadership of opposition leader Ranil Wickremesinghe.

The participants also shouted slogans to demand withdrawal of the expropriation act and against the government’s budget for 2012.

UNP co-deputy leader Karu Jayasuriya could not make it as he is overseas, but co-deputy leader Sajith Premadasa attended the demonstration.
 
"Today all of us in the United National Party have united for a single cause. Sarath Fonseka, the brave commander who saved our country is imprisoned as a political prisoner. Therefore this is the first step in the battle to release him and to ensure that he receives complete freedom without any conditions," said Sajith Premadasa.

 "Sarath Fonseka is in prison today because he entered politics after those in the United National Party asked him to come forward during the Presidential Election. Hence, it is our duty as those in the UNP to do everything we can to save him. We must ensure that Democracy is protected and Sarath Fonseka is released," said Parliamentarian, Ranjith Maddumabandara

Party leaders including Mr. Wickremesinghe, Dr. Vickramabahu Karunaratne, Sarath Manamendra and Dr. K. Guruparan as well as journalist Kumara Alagiyawanna, convener of the of the Movement for the Freedom of Sarath Fonseka, addressed the rally.

SF supporters protest outside court ( Photos )

A tense situation prevailed outside the Colombo High Court in Hulftsdorp yesterday before and after the judgement was delivered in the White flag case.

The Special Task Force (STF) and the Army were kept on alert with some 5,000 personnel deployed in the area to face any situation.

However, when former Army Commander Sarath Fonseka was brought to courts from the Prison under heavy police security and with prison guards surrounding him, the people who were gathered outside Court shouted “Senpathiyata Jayawewa.”


Those violent elements caused damage to at least two prison vehicles and a police jeep by attacking them with stones.

Sources said four prison officers who got caught amidst the mob had had been pulled by their uniforms and assaulted. Among the attackers were some political activists. In the melee, the vehicle taking Gen. Fonseka back

to prison collided with an escort vehicle. According to eyewitnesses, even a side window of the vehicle taking the General was shattered by a stone.

Meanwhile, Fonseka well-wishers banged on the closed doors of High Court No. 1 shouting "Atha-arapan ape General’. That was before Fonseka was brought to the Court premises. The persons near the doors got unruly and they had to be taken away by the police. There was loud and unruly howling.

After the announcement of the judgment, the situation turned chaotic. The judges were abused in foul language by certain unruly elements.

Even officers working in the Court and in the Court Registrar’s office started running all over in fear.

Hundreds of Mr. Fonseka’s supporters who gathered outside the court shouted slogans and expressed their solidarity.

Police intelligence units are on the trail of those who resorted to violence following the delivery of the judgment in the White Flag case at Hulftsdorp yesterday. Police said they were confident of arresting all the troublemakers within a day or two.