Lanka Newspapers

Sri Lanka News Updates with Discussions

Lanka Newspapersalwaysalion's Home PageThis Page




The military court proceedings is itself a constitutional violation and a contempt of Court Senior Lawyers confirm

Wednesday, 18 August 2010 - 10:20 AM SL Time

Senior Lawyers point out that the conduct of the legal proceedings against Gen. Fonseka by the first military Court during Court holidays ignoring the request of the defense lawyers not to hold sessions during the holidays is itself a violation of fundamental rights, denial of the rights vested in the Lawyers under the constitution and a defiance of the Supreme Court rules and regulations.

Court holidays are decided upon by the Supreme Court (SC). It is the latter with the consent of the Lawyers which grants the holidays in accordance with SC rules. Under the fundamental rights laid down in the constitution, an individual is entitled to employ a Lawyer according to his wishes. That right he enjoys under the general provisions of the law whether in the military Court or in any Court in the country, the senior Lawyers explained.

By violating the SC rules, there has been a contempt of Court committed, they added.

The Lawyers appearing for Gen. Fonseka had only asked the military court to suspend sittings during the holidays granted by the SC. That request was based on the right granted to them under the law. Court Holidays are declared to give the lawyers a brief rest and some mental peace away from the tensions they are subjected to during court proceedings. These holidays last ten days and are an entitlement the Lawyers are granted as a fundamental right under the constitution.

The military court has violated that fundamental right the SC has granted, as well as the right of an individual to retain a Lawyer conferred on him by the constitution. The Lawyers who appeared for the accused have enlightened the military court on these facts for a long time and made their request well ahead, the senior Lawyers observed.

Senior lawyer Rishard Ameen had clearly told the military Court well ahead that Attorney at law PC Rienzie Aresecularatne, the Lawyer for the General cannot be present during the court holidays and can appear on the 6th of August. But the military court does not sit on that day because it is a day on which the Parliament sessions are on. While Aresecularatne had made it abundantly clear to Court that he is available on the 17th afternoon, 23, 25 and 26, the Judge advocate of the military Court decided to conduct the trial from 9th to the 13th of August.

The dates for hearing in all Courts from the lower to the Supreme Court are determined by the relevant Lawyers. In the second military Court too, when requests were made by the lawyers for the accused regarding dates for proceedings, they had been allowed by the Court.

Hence, primarily, the decision taken by the first military Court is a violation of the fundamental right of the Lawyers. Thus, like the Lawyers, the Lawyers` Associations should take up this issue , otherwise this situation will become an obnoxious norm and practice, the Senior Lawyers stated with concern. They claim that this was a premeditated plan. When it was a requirement that the General should be served with the charge sheet within 24 hours, it took two months to do that. In addition, denying Fonseka the opportunity of defending himself and precluding his Lawyers from cross examining the prosecution witnesses by holding the trial during the Court holidays, while also deciding the case suddenly and giving the judgment in such an unholy haste only go to confirm this is a cold calculated premeditated plan, the senior Lawyers emphatically pinpointed.

What is the justice that a Court can dispense without the Lawyer for the accused being given an opportunity to cross examine the prosecution witness Johnston Fernando who gave evidence against the accused? the Senior Lawyers questioned.

Source(s)
Web - (Lanka-e-News, Aug.15, 2010, 10.30AM)

 Post a reply to this

 E-mail this to a friend




alwaysalion
Senior Member

Joined: Nov 2006
Posts: 9871
Member Profile
LK Information  18 Aug 2010 03:21:59 GMT  Report for Abuse  
Rajapakse Law is above all laws in present Sri Lanka!
Nacholibre
Senior Member

Joined: Mar 2008
Posts: 5334
Member Profile
LK Information  18 Aug 2010 03:23:52 GMT  Report for Abuse  
This should be a good debate. Whether Military courts are not treated as all other courts...

Yesterday, there was a brief debate in Parliament between Prof. GLP and RW.

This debate should continue and shed more light on the issue.

Edited By - Nacholibre - 18 Aug 2010 03:24:22 GMT
alwaysalion
Senior Member

Joined: Nov 2006
Posts: 9871
Member Profile
LK Information  18 Aug 2010 03:26:25 GMT  Report for Abuse  
This intersesting too.
(Lanka-e-News, Aug.16, 10.33PM) Anoma Fonseka told Lanka e news that the chief incumbents of the Malwatte and Asgiriya chapters had declared to her in no uncertain terms that they do not under any circumstance approve of the ratification of the decision of the first military Court by the President to strip Gen. Fonseka of his official positions he held, and the rights and privileges he enjoyed.

No matter what indictments have been piled on him, the President ought to have given due consideration to the supreme self sacrifices Gen. Fonseka made and his patriotic contributions in the process of liberating the country from the clutches of the LTTE and completely stamping out the terrorist scourge. Let everyone know that no other son of the soil can ever come even close to those achievements of Fonseka. At least on that account the President should have given him a pardon. The President s action of ratifying the decision of the first military Court is absolutely unreasonable, the Chief incumbents of the Malwatte and the Asgiriya chapters, Ven. Thibbatuwave Sri Sumangala Mahanayake and Ven. Udugama Sri Buddharakitha Mahanayake respectively, have told Anoma Fonseka with deep regret when she met them.
Gen. Fonseka was held guilty on three counts by the first military Court for engaging in politics while being in active service in the Army. It is alleged that the decision of the military Court was arrived at without the conduct of a fair trial, for, the court gave the decision without giving an opportunity to Fonseka s Attorney to cross examine the key prosecution witnesses, and it had proceedings during the Court holidays when Fonseka s Lawyers were not present, after refusing to give alternative suitable dates for his Lawyers to be present for the trial.

The first military Court decided to advise the President that the General s official position and all his rights and privileges thereof be withdrawn. The President ratified the Court decision promptly on the following day.

Anoma Fonseka met the Chief incumbents yesterday (15) and related her woes regarding the utterly unjust and unconscionable manner in which this judgment was delivered.

The Mahanayakes had expressly told Anoma Fonseka that without such an exceptionally skilled and brilliant Army Commander like her husband Gen. Sarath Fonseka, the President could not have ever dreamt of defeating the terrorists.


The Mahanayakes had expressly told Anoma Fonseka that without such an exceptionally skilled and brilliant Army Commander like her husband Gen. Sarath Fonseka, the President could not have ever dreamt of defeating the terrorists.

No doubt about that!
Edited By - alwaysalion - 18 Aug 2010 03:27:25 GMT
Nacholibre
Senior Member

Joined: Mar 2008
Posts: 5334
Member Profile
LK Information  18 Aug 2010 03:34:18 GMT  Report for Abuse  
The Mahanayakes had expressly told Anoma Fonseka that without such an exceptionally skilled and brilliant Army Commander like her husband Gen. Sarath Fonseka, the President could not have ever dreamt of defeating the terrorists.


This was not a one man show. Each and everyone were a part and parcel of it in their own capacities. The General was brilliant, no doubt about that, but he was not astute enough to recognize the stature of his own contribution and was not intelligent and prepared enough to know that his contribution would have won nothing if the collective contributions of the others were not there. In his eagerness to turn his battlefield successes into political capital he embarked prematurely on his political career without much wisdom. To his down fall, the JVP and the UNP who were searching for a straw to cling on to their dear political life, nicely and cunningly used the General's premature ambitions and destroyed him.

We tried to show this to the general in our own ways and save him from this calamity...he would not listen..


Edited By - Nacholibre - 18 Aug 2010 03:37:14 GMT
alwaysalion
Senior Member

Joined: Nov 2006
Posts: 9871
Member Profile
LK Information  18 Aug 2010 03:57:06 GMT  Report for Abuse  
Nacho, I am sure that there was something that brewed up during the latter stages in the war.This may have been between Gota and SF where MR had to make is stand with his brother.
What we may all want to know is what went wrong and why they had to
wash dirty linnen in public involving civilians by using MPS to
openly slander SF.
As for useless UNP & JVP they need someone to use for their PE
propaganda.They used SF like a new toy just put out in the market
to show people they had something everyone wanted to be part of.
Only IF SF had some true MPS to back him in the correct path.
A military officer who has undergone 30 years of battle field
experiences will take one heck of time to get his attitude and language to suit the non military people.(ie. the civilians)
If one can only look at countries that had military leaders one would know.
MR and Gota should have used SF by using a third party to settle that personal matter.Had this happened, wo8uldn't Sri Lanka have
been a much better place to live and also respected by many countries.
In the early stages it was said that India warned MR that SF is
planning a coup and I think this was the main cause for the tiff.
India will never leave Sri Lanka alone to enjoy the much gained Peace and now that China is also in SL they will never let us enjoy PEACE!
DVLADV
Senior Member

Joined: May 2006
Posts: 11556
Member Profile
LK Information  18 Aug 2010 06:04:40 GMT  Report for Abuse  
So again it is everyone's fault other than your own. This is one reason SL never raises its head. Like an addict SL has to accept it has problems in order to find real solutions.
LankaPride
Joined: Jan 2010
Posts: 1446
Member Profile
LK Information  18 Aug 2010 09:47:09 GMT  Report for Abuse  
You can say any story, you want.

But the person who told the White Flag Story was a Bloody Traitor of My Mother Lanka. !

Still attmepts are going on to cover-up this Traitor MFer, who had no gutts to humbly refuse all what his foul mouth said, just because he wanted to be the President of the Country, after betraying Mother Lanka, Her Heroic Forces and Her Nation.

May be piss upon this Greedy Politician MFer Traitor SF!!

You were made a Power Hungry Dog by Soma Hansa and Spy Ponura. Keep sleeping with them, bloody idiot!
Page | 1  |
 Post a reply to this      E-mail this to a friend



(C) 2000-2008 www.lankanewspapers.com - Sri Lankan News & Discussions - Contact Us - RSS Feed - News Archives - src - FAQ