Though Fonseka rejects charges, court martial may proceed as scheduled

Though retired General Sarath Fonseka has reportedly rejected the charge sheet for a court martial against him, it is reliably understood that the process will go ahead as scheduled on Tuesday 16 and Wednesday 17 March.

Sarath Fonseka has claimed that his arrest is illegal as he had claimed at the summary of evidence. The Janatha Vimukthi Peramuna (JVP) too has taken a similar stance and is to seek legal advice against the retired General’s detention. A reputed lawyer, a former High Commissioner for Sri Lanka in Canadaand well versed in military law and who is currently in Canada is reportedly to be retained by the party.

Reportedly, a Major General had tried to convey the charge sheets and the information directing Sarath Fonseka to face a court martial. While he refused to accept them the incident was videographed by the army probably as evidence that the message was actually delivered.

Meanwhile, one member of the court martial has been changed and it will now constitute Major General Harsha Weeratunga as president and Major General Lalith Wijetunga and Major General Aruna Jayatilleke, who replaces the earlier Major General, being the other members while Rear Admiral W.W.J. Shamindra Fernando, a Volunteer Sri Lanka Navy officer attached to the Attorney General’s Department, will act as the Judge Advocate.

Though some argue that retired General Fonseka has to be tried by officers of the same rank as his or above, that is in the rank of a four star General or above, a clause in the Army Act, namely ‘The Court Martial – General and District Regulations’ has been sought to appoint junior officers as Fonseka is the highest ranking officer in the Sri Lanka Army.

According to sources, the court martial will take up only the charges against Fonseka which deals with his dealings in politics while yet in service.

The charges of alleged conspiracy to topple the government and the alleged attempt on the lives of the President and others are reportedly to be taken up in a civil court. Similarly, the issues with regard to dealings between the Army and Fonseka’s son-in-law’s Hicorp too are to be dealt with in a civil court.