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White flag case commences hearings at the High court

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The case pertaining to the newspaper article which appeared in the Sunday Leader which quoted Parliamentarian Sarath Fonseka as saying

that the Secretary to the Ministry of Defence had issued instructions to Major General Shavendra Silva to shoot any LTTE leaders bearing white flags towards the end of the war was taken up by the Colombo High Court for the first time today.

The case was taken up for hearing today before a special 3 member High Court Bench Panel which is headed by Justice Deepali Wijesundara as a matter of urgent importance.

Meanwhile the Attorney General has filed indictments against Parliamentarian Sarath Fonseka on making false statements, attempting to cause racial tensions and creating public unrest against the Government.

Accordingly at the time the case was taken up for hearing the Secretary to the Ministry of Defence Gotabhaya Rajapaksa, Major General Shavendra Silva and the Sunday Leader Editor Frederica Janzs had been present in Court as witnesses in the case.

However the Sri Lankan Army Legal Officer had informed the Court that Parliamentarian Sarath Fonseka was unable to attend the Court proceedings today as he was in ill health.

The Defence Counsel Attorney At Law Nalin Ladduwa-hetti had stated to the Court that a team of medical experts of the Sri Lanka Navy was currently examining Parliamentarian Sarath Fonseka.

However the Counsel appearing on behalf of the plaintiff, the Deputy Solicitor General Navaratna Banda stated to the Court that Parliamentarian Sarath Fonseka was not in a condition of ill health which did not facilitate his appearance in court today and that the medical report should be submitted to the Court.
Accordingly the High Court Bench Panel had instructed for the said medical report to be submitted to the Court.

Meanwhile after postponing the case for tomorrow the High Court Bench Panel had issued an order stating that Parliamentarian Sarath Fonseka must definitely appear in Court when the case is taken up once again tomorrow.

Our Court Correspondent meanwhile stated that while special security arraignments had been made at the Colombo High Court Complex today in view of this hearing, the Inspector General of Police Mahinda Balasuriya himself had been present at the Court premises to overlook the security arraignments.

Meanwhile the Fundamental Rights Petition which had been filed by Parliamentarian Sarath Fonseka against his detention was also taken up for hearing today at the Supreme Court.

Accordingly at the time the case was taken up for hearing the Counsel appearing on behalf of the Government, Additional Solicitor General Sanjaya Rajaratnam had presented a report regarding the Court Martial hearings to the Supreme Court.

After taking in to consideration the report that was presented the Supreme Court had decided to post pone the case till the 02nd of February 2011.

Courtesy: GOLD FM News

Posted on Monday, September 27, 2010 @ 15:28:35 LKT by

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