Fonseka’s arrest legal

UNP and Opposition Leader Ranil Wickremesinghe met President Mahinda Rajapaksa at Temple Trees and among the matters they discussed was the arrest and detention of Retired General Sarath Fonseka, a press release from the President’s Media Division said.

The President explained to the Opposition Leader that the arrest and detention of Sarath Fonseka was not an act against him, but an Army disciplinary step. Fonseka has been provided with facilities to appeal against his arrest to the Supreme Court.

He said investigations regarding the case would be done expeditiously.

The Opposition Leader asked whether someone other than Mrs. Anoma Fonseka could be permitted to take food and other necessities to Fonseka and the President replied that it could be arranged by the Army Commander. But he had seen media reports that Mrs. Fonseka wished to take meals for her husband and if she so wished she could take meals to him.

President Mahinda Rajapaksa said he could recall that he too was detained for serving the public, his wife Shiranthi who was pregnant at the time brought his meals to the remand prison, the press release stated.

Anyone violating law must be penalised - PM

by Suraj A. Bandara

The law is above all and everyone should abide by the law, Prime Minister Ratnasiri Wickramanayaka said. Speaking at a function to admit Year One students to Thalagala Junior School, the Prime Minister said the period where the jungle law flourished is no more.

“Whoever violates the law must be penalised. No one can work arbitrarily to fulfil their sinister purposes by utilising their power in the society. The Government will never allow anybody to tarnish Sri Lanka’s image,” he said.

The Prime Minister said when some countries insisted that we draw our policies according to their agendas, we undertook our own method to develop the country. “Doors are open for those who work honestly for the country’s development. We should love our Motherland and not deceive the people. If we don’t love our country, how can we love the people?” the Premier queried.

Fonseka arrested to safeguard country’s image - SB

by Shirajiv SIRIMANE and Sarath MALALASEKERA

Seasoned politician S. B. Dissanayake said arresting former Army Commander and former Chief of Defence Staff, Sarath Fonseka was a timely move.

Speaking to the Sunday Observer he said the arrest was not directed at Sarath Fonseka or was fulfilling a personal vendetta but was initiated to safeguard the international image of the country.

He said Fonseka had accused some very senior Security Forces commanders of committing war crimes and had even gone to the extent of divulging military secrets. “He had also stated that he would speak more of the ‘so called’ military violations which would have been detrimental not only to the Government, but also to the Security Forces that fought a humanitarian battle respecting all norms of war against the world’s deadliest terrorist organisation”. He said comments the former General made such as the white flags issue had a direct negative impact such as European nations taking off the GSP concession. “This is a grave crime,” he added.

These comments would also have a negative impact when the Government is channelling for international aid.

If the former General was left alone to carry on his ‘talk’, even the United Nations may think that there is some truth to it. “This is why an inquiry should be held against Fonseka and the truth be told to the world,” Dissanayake added.

He said arrests of this nature are not uncommon. Soon after the Second World War, America arrested Japanese citizens in large numbers as a precautionary measure.

There was the Official Secrets Act applicable to all Forces personnel and high officials.

Even in the UK or USA similar laws were in force. When General Dwight Eisenhower contested the US Presidency five years after retirement, he did not reveal any military secrets for his political advantage.

Politicians including President Mahinda Rajapaksa had been detained for serving the public; his wife Shiranthi, who was pregnant at the time, brought his meals to the remand prison.

Minister of Export Development and International Trade, Prof. G.L. Peiris said even Presidential candidates are not immune from the law and said, Fonseka’s arrest was legal. Equality before the law was guaranteed by the Constitution to all other than the immunity provided to the President and Ambassadors or High Commissioners of sovereign states, Prof. Peiris told the weekly Cabinet press briefing.

“Everybody else is subject to the rule of law and no exception could be made to a Presidential candidate,” he said.

“The military law exists from 1949 without addition or subtraction and we follow the military law of England,” he said. Therefore, if one was not satisfied with the decision of a military court the right of appeal to the Supreme Court was available under the law, the Minister said.

The President who met Opposition Leader Ranil Wickremesinghe explained that the arrest and detention of Sarath Fonseka was not an act against him, but an Army disciplinary step. Fonseka has been provided with facilities to appeal against his arrest to the Supreme Court. The President said expeditious investigations regarding the case would be carried out.

There was no derogation whatsoever in the legal process. All legal safeguards are available in the judicial process.

Senior Attorney-at-Law Upali Senaratne said, “Retired Gen. Sarath Fonseka was taken to custody by the Military Police. In terms of Sec. 57 of the Army Act if any person subject to military law, commits an offence and thereafter ceases to be a person subject to military law they can be taken in to and kept in military custody and tried and punished for the offence by a Court Martial provided that they shall not be so tried after the lapse of six months from the date of the commission of such offence unless such offence is the offence of mutiny, desertion or fraudulent enlistment. Mutiny is defined in Black’s Law Dictionary as an uprising against authority. Court Martial is convened in terms of part 9 of the Army Act and how it is held is set out in the Court Martial general and district regulations. Summary of evidence will be served on the General for his views, comments and defence before the trial is held.” He said, “Since I have attended a number of Court Martial inquiries, I am quite aware as to how these Court Martials are held and the respect with which the accused are treated before a Court Martial. At the Court Martial the Judge Advocate deals with the law and explains to the panel the legal aspects and there is a Prosecutor who prosecutes at the Court Martial. The Accused can be defended by any lawyer of his choice.”

Court Martial or civil trial on AG’s advice:

Fonseka arrested under Army Act

Military Spokesman Major General Prasad Samarasinghe said the Sri Lanka Army will decide to hold a trial on the evidence against retired General Sarath Fonseka either at a Court Martial or Civil Court after the summary of evidence is forwarded to the Attorney General for his advice.

Addressing the media at the Media Centre for National Security, Defence Affairs Spokesman Minister Keheliya Rambukwella said the former Army Commander and Chief of Defence Staff General Sarath Fonseka was arrested by the Military Police on Monday at around 9.00 pm on charges of committing alleged violation of Military law during his tenure as the CDS.

The Security Council (SC) is the highest body which deals with the most secret national security decisions. Fonseka was a prominent member of the SC when he was the Army Commander and the CDS. “While he was a member of the SC, he had conducted and shared deals with political parties against the Government which he shouldn’t have done as a military official,” he added.

Minister Rambukwella said any officer or soldier in the Army who commits an offence during their service time and thereafter is subject to military law and may be taken into custody and kept in military custody by a Court Martial under Article 57(1) of the Army Act. The legal proceedings will be continued after that. There are many others - military and civilian - who were involved with Fonseka who were also arrested. Some others are yet to be arrested. The CID and police are investigating. Legal action will be taken against them.

Answering a question by a journalist whether the law permits the arrest of a retired Army Officer, Minister Rambukwella said if a soldier or an Army Officer breaches the Military Code of Conduct during service, the military can take action within six months of their retirement. He said there are many charges against Fonseka. Maj. Gen. Samarasinge noted that the summary of evidence collected from the Military and civilians who were involved in alleged military offences with the former Army Commander and CDS General Fonseka will be forwarded by the Military Legal Department to the AG for his advice. The Military will decide thereafter to bring Fonseka before a Court Martial or before a normal Court of Law..

He observed that Fonseka’s lawyer as well as his family have been granted unhindered access to the detainee and full medical assistance as per his request. “He was treated as a former Army General without any discrimination”, he added. When a journalist queried about why General Fonseka was not arrested for his offences while he was the CDS, Minister Rambukwella said when a complaint is lodged against a person on allegations there is a legal procedure. Initially evidence should be gathered and verified. “We have credible evidence and information. Besides, Fonseka was a Presidential candidate at that time,” he added.

Firsthand account of drama leading to Fonseka’s arrest

The scene: office of an important person located at Rajakeeya Mawatha, opposite Royal College, Colombo.

The time: 10 pm on Monday.

The Provo Martial of the Military Police Brigadier Wijesri enters the office with authority. He is accompanied by Maj. Gen. S.R. Manawaduge, Commandant of the Western Province and Puttalam, and the Colonel of the Commando Regiment. Police top echelons are also present.

The Provo Martial of the Military Police Brigadier has an important assignment on hand, that has already been the talk of the town. Only the timing was not known and how it was to be carried out.

The assignment is carrying out the State’s order - the arrest of the former Army Commander and Chief of Defence Staff Sarath Fonseka, the unsuccessful Presidential candidate.

As the military top brass enter the office, Mano Ganeshan, leader of the Democratic People’s Front, Somawansa Amarasinghe, leader of the Janatha Vimukthi Peramuna, Rauff Hakeem, leader of the Muslim Congress, and retired Army Captain Senaka Arnold Haripriya de Silva alias Captain Shah Silva are seated there.

The Army asks the political associates to leave the place for them to perform their military duties without any let or hindrance. Nay, it is an order.

While the politicians refuse to leave the premises, Captain Shah Silva starts abusing the Army officers in filthy language and begins to curse the Head of State, Asian Tribune learnt. He was arrested and handed over to the police who was wanted by them, as he was evading arrest.

Fonseka is wearing short-sleeved white shirt, brown pants and shoes.

Subsequently, the Provo Martial of the Military Police Brigadier Wijesri informs Fonseka politely about his impending arrest. Sarath Fonseka demands that he should be arrested only by the Police.Even though there are leading police personnel present along with the Army personnel, Brigadier Wijesri, the head of the Military Police, says that they have come to make a military arrest and reads out the charges against Fonseka.

The main charges are:

* Politicking whilst in uniform

* Conspiring against the Commander-in-Chief whilst in Service,

* Harbouring more than 1,500 deserters whilst on service,

* And corrupt practices in relation to military procurement.

After reading out the charges the Military Police chief requests Fonseka to follow them to the vehicle to be taken out.

As Fonseka refuses to cooperate with Military officers who came for his arrest on the orders of the Commander of the Sri Lanka Army, and starts to abuse the officers in utter filth as usual, the Army officers told Asian Tribune that they had to carry him to the vehicle by force.

Asian Tribune learnt that later Fonseka agrees to walk the distance to the vehicle and is allowed to walk. The former Army Commander is taken in a bullet-proof Land Rover and is lodged in one of the quarters located at the Sri Lanka Navy Headquarters.

Asian Tribune

SC grants leave to proceed

by Sarath MALALASEKERA and Wasantha RAMANAYAKE

The Supreme Court granted leave to proceed with the fundamental rights applications filed by Anoma Fonseka, wife of Sarath Fonseka and New Democratic Front Secretary Shamila Perera.

The Court granted leave to proceed in connection with alleged infringements of Articles 11, 12 (2), 13 (1) and 13 (2) of the Constitution. The petitioners reserved their rights to support for certain other right violations guaranteed under the Constitution. The Court also directed respondents to permit the first petitioner Anoma Fonseka to accompany an Attorney-at-Law and a Justice of Peace, enabling Fonseka to sign legal documents.

The petitioners also reserved their rights to support an interim order i.e. seeking the release of third petitioner Sarath Fonseka and an order to ensure his safety while in custody.

The Bench comprised Chief Justice Asoka de Silva and Justice Shiranee Tillekewardena and Justice Chandra Ekanayake.

Fonseka repaying for his sins, says Maj. Gen. Pannipitiya’s wife

Retired General Sarath Fonseka who is in military custody now interdicted my husband, Major General Parakrama Pannipitiya’s service with immediate effect from the Army following an anonymous letter sent by a person who worked against my husband, said Pannipitiya’s wife Achini Iroma Pannipitiya.

She said Fonseka’s plight now is a retribution of Kamma.

“He took action against my husband with a wicked mind and he wanted to take revenge from my husband. Now the tables have turned and he is repaying for the sins he accumulated when he was in service,” she added.

“Ironically, Anoma Fonseka, my intimate friend at one time, who abandoned me on that occasion with my innocent little children, is how pleading for mercy from women to save her husband. But she didn’t hear my grievances when I became a victim due to her husband’s cruelty,” she said.

“Maj. Gen. Pannipitiya also worked for the Sri Lanka Sinha Regiment. When he was interdicted, my children and I became helpless since we lost everything. I had no one to tell my grievances,” Achini said.

According to her, she did not go after people or attempt to rally women but prayed to the deities.

“I obeyed the law when my husband was interdicted from military service and appealed only to the Supreme Court.

“I was suffering for an offence my husband did not commit. At that time my children were very small unlike the Fonseka’s children who are grown up now. My eldest daughter was then only 12. The two sons were aged five and four. I was thrown out to the streets within a month as the official residence was withdrawn. Only President Mahinda Rajapaksa helped me at the time. It is because of his sympathetic and humanely qualities that he won this victory. My husband was interdicted on the basis of an anonymous letter.

“They did not even give the half pay as promised. Nobody from the Army was sent even to find out how we were faring. My husband also took part in the Eastern operation. However his name was not mentioned because Sarath Fonseka did not like him,” she said.