'Commodore Mendis failed to take precautions'

by Sarath Malalasekera

The Judge Advocate Palitha Fernando in his summing-up before the three member Commission which conducted the Board of inquiry - Court-Martial - against a Senior Naval Officer Commodore T. Manil J. Mendis, submitted that in terms of the Navy Act the evidence is salient features. He informed the Commission of the matters not in dispute and the irrelevant issues to be disregarded.

Earlier the three member panel of Rear Admiral T.M.W.K.B. Tennakoon, (Chairman), Rear Admiral D.N. Dharmaweera and Commodore R. R. Wijesundera, found guilty of the two charges preferred against Senior Naval Officer Mendis and reduced his seniority for ten months.

Commodore Mendis was charged on two counts under the Naval Act section 104 (1) of the Naval Act as amended by Act No. 11 of 1993. Commodore Mendis who was in charge of the Southern Naval Area failed to take precaution and or counter measures with due care for the protection of the Naval Base, Ships, Crafts and personnel at Galle Harbour from terrorist attack despite the availability of prior reliable infirmation on October 18, 2006 and repeated instruction from Naval Headquarters, an offence punishable under Section 104 (1) of the Naval Act.

He is also charged during the cause of the same transaction, the Commodore Southern Naval Area did fail to obtain approval of Commander of the Navy prior to leaving -SLNS- despite specific instructions by the Navy Commander to proceed and stay at SLNS, due to a possible terrorists attack on Galle Harbour.

The Judge Advocate in his lengthy submissions analysed the case for the prosecution referring to the evidence of the Director General Operations, Tisara Samarasinghe, Navy Commander Vice Admiral Wasantha Karannagoda and D.T.G. Perera, COPO of Galle.

He explained in detail the two charges preferred against Commodore Manil Mendis and emphasised that the commission should return a verdict of not guilty if they found that the evidence was insufficient or if a doubt was created. He also explained to the members of the Commission what a doubt is in law.

Judge Advocate Palitha Fernando also submitted that the demeanour of witness too is important and the accused put forward his case on basis that he (accused) never disobeyed the orders of the Commander and he was Court-Marshalled. The accused alleged that the Commander maliciously prosecuted him.

The Judge Advocate referred these matters and asked the members to consider whether it was so.

Senior Defence Counsel Upali Senaratne submitted to the Commission at the outset in mitigation of sentence that he had an onerous task to perform as an officer and a gentleman who had been in the Navy for more than 25 years in various capacities was going to be punished.

Mr. Senaratne dealt with the charges of the Navy Act with special emphasis on Section 54 to Section 103. He said that the accused was dealt with under Section 104 as the navy itself has considered the charges to be so trivial.

He referred BR 11 manual of Naval Law to be their Bible and said that in term of 2408 (3) the Court has the right and duty in every case to decide whether punishment given be lenient or severe.

The Senior Defence Counsel dealt with a range of punishments that can be imposed by the Courts. Striking a personal note Mr. Senaratne said that he came to know of this incident through the media which described foiling the attack on the Galle harbour was one of their best achievements in the annals of the Naval history.

In his lengthy submissions the Senior Defence Counsel Senaratne said Commodore Manil Mendis joined the Sri lanka Navy on June 1, 1977 and was adjudged the best Cadet of his intake and was honoured with the "Presidents Sword' at the passing out parade. In Dartmouth UK in 1979 he was honoured as the "Midshipman" of the Britannia Royal Naval College in 1979.

Mr. Senaratne gave a long list of Commodore Mendis' achievements and requested the Commission to consider whether they were going to punish a person of such calibre. He thanked the Chairman and other members of the Commission and the team of officers who conducted the prosecution.

The three members took more than an hour to deliberate on the evidence placed before them and returned a verdict of guilty of both charges.

Commodore Shavindra Fernando with Commodore A.M.A.W. Weerasinghe appeared for the prosecution.

President's Counsel Denzil Gunaratne with Upali Senaratne, Buddhika Jayasinghe and Ms. Udayangani Seneviratne appeared for the Commodore Mendis.