'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.
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