White Flag Case Verdict. General Fonseka: Unfair Judgment (18 Nov 2011)

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Jan 2 (SL) History and Sarath Fonseka. If what is reported in some newspapers is correct, it seems that the career of one time presidential hopeful and former army commander Sarath Fonseka would be erased off army records as well as historical records, as represented by the local chronicle the Mahawansa. Of course, we are not certain of the veracity of these newspaper reports. Generally, an institution like the Army may have the discretion to

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Fate of a nation... Muslim minister Hakeem (known former Jihadi and pro-eelamist, current Justice minister) prepares to convey pardon plea to president Rajapaksa to release war hero General Sarath fonseka

Dec 9 (CT) Rauff ready to convey pardon plea. Justice Minister Rauff Hakeem said today he would consider appealing to President Mahinda Rajapaksa to pardon former Army Commander Sarath Fonseka if such a request was made by Mr. Fonseka’s family members.

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Dec 5 (DM) 'Amend constitution for SF to contest top post in UNP' .UNP MP Dayasiri Jayasekera requested party leader Ranil Wickremesinghe in writing to amend section 8-1 of the party constitution to enable former Army Commander Sarath Fonseka to vie for a top post in the party. Mr. Jayasekera said it would not be possible to appoint the former army commander to a top post in the party as, according to the party constitution, only members of the executive committee were entitled to such posts.

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Dec 4 (LB) 'Cannot condone continued imprisonment of Sarath Fonseka'. The chief incumbent of the Naga Vihara in Kotte, the Ven. Maduluwave Sobitha Thera says that former army commander Sarath Fonseka is ‘being politically victimized and imprisoned’ due to several cases filed by the current UPFA administration. Thera said that as a Buddhist monk, he accepts any verdict given by a court of law in the country but he cannot condone the continued imprisonment of the ex-army chief turned war hero

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Ive taken a prominent role in the agitation campaigns that are mounted in order to get Sarath Fonseka freed from jail. If you talk to the people in the country and do an honest, frank, candid survey right now, you will be able to ascertain that 95 per cent of them want Fonseka released from prison. It is as simple as that. It is no surprise that the former army commander is currently facing this dire predicament not due to any reason but the stance he took in daring to challenge the president

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It is no surprise that the former army commander is currently facing this dire predicament not due to any reason but the stance he took in daring to challenge the president as a contestant at the 2010 presidential polls. I myself, as a Buddhist monk, have been leading several protests, agitation campaigns and demonstrations to see whether the government would free the ex-army chief. So far our efforts have been futile but I will not rest till he is freed.

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As a Buddhist monk, your actions in this connection suggest that you are not ready to accept the verdict given by a court of law. As a person donning robes, is this course of action right?

Ven Sohitha:You seem to have got your wires crossed. There is no question here of me not accepting the verdict of the courts. As citizens of this country we are ready to accept any verdict that is handed down by various courts – be it Supreme, Magistrate or District.

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Ven Sohitha: What I cannot fathom is the continued unjust imprisonment of the very person who freed this country from the clutches of the Tigers, thereby ending 30 years of the scourge of terrorism, while at the same time, various courts tend to free murderers, killers, rapists, drug addicts and others involved in nefarious activities. To me this is a clear travesty of justice and at the same time, political victimization of Sarath Fonseka by the UPFA regime.

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Lakbima:

The UNP held a demonstration and a rally at the Hyde Park, Colombo, recently, in order to exert pressure on the government to get Fonseka released. But, even Sarath Fonseka’s spouse, Anoma, the JVP or Fonseka’s own party did not send any representatives to this rally. With the opposition being divided, isn’t it a drawback to get Fonseka released?

Ven Sobhitha:

There are a few answers I have to give to this question as there are various issues that need to be addressed separately.

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Another step closer to avoid a possible people's revolution in Sri Lanka..

Island.lk (04Dec 2011) Mahinda ready to meet Gen. Fonseka’s family over pardon. President yesterday expressed his readiness to meet defeated presidential election candidate, Gen Fonseka’s family to discuss the possibility of releasing the imprisoned former Army Chief. Presidential spokesman, Bandula Jayasekera said that Mrs. Anoma Fonseka could appeal to him directly without calling for international interference.

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Nov 29 (Island) UNP calls for SF’s immediate release. The UNP will launch a three-pronged protest from Hyde Park today against what it calls revengeful policies of the Mahinda Rajapaksa govt. General Secretary of the UNP Tissa Attanayake said that the people expected fair treatment and a better standard of life in the post war era, but the Rajapaksa regime had not only heaped economic hardships on them but was also on a voyage of revengeful politics

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Nov 29 (DM)Editorial: Don't undermine the judiciary. More than 150 members of the Bar Association of Sri Lanka (BASL) have called for a special general meeting of this premier body of lawyers to consider a resolution protesting the govt’s decision to appoint a Parliamentary Select Committee to probe the conduct of retired Chief Justice Sarath N. Silva during his often headline-hitting term in that highest judicial post. As in the case of former Army Commander Sarath Fonseka

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(Chief Justice Hema Basnayake, July 3, 1964) “Judges should behave within the judiciary as well as outside it in such a manner as to consolidate the confidence of the people. Judges have no private behaviour. It should be remembered that when oppressive, criminal, arbitrary, despotic actions are taken against the people by the executive or authorities, it is the judiciary that will be the guardian of the people.”

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Nov 27 (ST) 'I did my job, but this is the first time I have received death threats' Deepali Wijesundara, President of the Colombo High Court Trial-at-Bar that convicted former Army Commander Sarath Fonseka to three years imprisonment in the “white flag” case spoke on the threats she faced during the trial, after the judgment and other matters. Excerpts: Q: You have spoken of threats to your life due to the “white flag” case? Please elaborate. When the case was going on I received threats

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Judge DW: When the case was going on I and I informed the police and they gave me additional security. Earlier I was given security by the Judicial Security Division (JSD) of the Police and this was enhanced because of the threats. However after the judgment the threats got worse. Once I pronounced the sentence, I had to disconnect my telephone at home and even the land line telephone in my office. I only answer the mobile phone if I know the number of the person calling.

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Nov 27 (ST) Judge DW. When I don’t answer the phone in the office, they telephone the Registrar and relay the threats to him, to be passed onto me. I also get threatening anonymous letters which I throw into the waste paper bin. I don’t read them, except for one or two to see what they said. One letter said if you don’t release so and so you will be ‘bumped off’. After the judgment the threats were directed at my daughter. They said if we can’t get you, we will get your daughter.

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DW: There were so many sensitive cases before me but this has never happened before. Take the Angulana (murder) case, all four accused were police officers but I didn’t receive a single death threat, not a single phone call, not a single letter. Your editor Sinha Ratnatunga was convicted too but did anyone behave like that? He went ahead and appealed. It’s the same in the Tissainayagam case. This is just another case for me but it was big thing for them. The people involved in these threats are

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DW: The people involved in these threats are perverts that’s all I have to say. They have even made many remarks about me over websites. I don’t go to these sites but people tell me what has been posted. I have told them not to tell me because I know they are lies. . These stories are being spread because they are angry over this judgment.

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Nov 26 (DM) Fonseka seeks to sit and vote in parliament. The court of Appeal yesterday listed to be mentioned on Dec 15 the Writ application filed by Gen Fonseka seeking to sit and vote in Parliament. The matter was taken up before Justices R.L.Ranjith Silva. Petitioner Fonseka is seeking the court for an order directing the Respondents to take all necessary steps according to law to enable him to sit and vote in Parliament and to exercise his powers, privileges and immunities as a MP.

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Nov 23 (BBC) 'Death threats' against Judge Deepali. Judge who presided over the High Court Trial-at-Bar that convicted Former army commander Sarath Fonseka says that she had received death threats throughout the trial. Deepali Wijesundera who chairs of the High Court Judges Association (HCJA) of Sri Lanka said that she is not sure who was threatening her. When asked about media reports of threats against one of the judges in the Trial-at-bar which convicted Fonseka challenged Rajapaksa in 2009

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Nov 22 (UCAN) Activists attack Fonseka verdict. Civic activists and religious leaders have accused the govt of using the judiciary as a political tool after the High Court jailed the country’s most distinguished soldier for three years on Friday. General Sarath Fonseka, who is already serving a 30-month term for irregularities in military procurement, was jailed for having “spread disaffection” by backing, in a newspaper interview, allegations that the defense minister ordered the shooting

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The anger, grief and determination of people show they are prepared to come forward to record their displeasure at injustice and ruler's resistance to maintain law and order of the country. People's protests to take corrective measures to guarantee justice and maintenance of law and order will compel rulers to safeguard rights enshrined in the Constitution

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Lanka-e-News19NOV. Two judges (Deepali, Razeen) declared that the accused is guilty , without permitting justice Waruwawa to cite his reasons as regards his decision. This is the first time in the history of courts such a measure was taken. By the panel disallowing the colleague in the panel to express his grounds for his stance not only contributed to the already fading and failing justice in Sri Lanka, but also made a dent in the already lost faith and confidence of the people in the judiciary

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Lanka-e-News19NOV. The filing of action against Gen. Fonseka was by ex Attorney General (AG) and current Cabinet advisor Moron (Mohan) Peiris noted for fawning on the Rajapakse regime for the most sordid reasons , and who has a putrid professional antecedence having withdrawn charges suddenly and mysteriously against two murder suspects after filing action against them when he was in the AG’s Dept ., whereby he brought down the entire AG’s Dept. to the most disgraceful level .

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Lanka-e-News19NOV. It is on the instructions of the former chief justice Asoka Silva , and now legal advisor to MaRa, and who is eating the crumbs falling off the sumptuous meal table of MaRa , while also serving as a carpet worthy only of wiping the feet of Mara regime, that this three judge panel was appointed.

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Lanka-e-News19NOV. Hereunder are enumerated the reasons which influenced the judgment delivered by the President of this panel , Justice Deepali Wijesundara and justice Ms. Zulfika Razeen, the two members of the three judge panel , which was obviously prejudiced in favor of the Rajapakse MaRa regime. 1.When Menaka Wijesundara the sister of justice Deepali Wijesundara was in the AG’s Dept. as a Lawyer , she was appointed as a judge at Anuradhapura , and later elevated to the post of judge of HC

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Lanka-e-News19NOV. In this connection , it was a Lawyer Lakshman , owner of a Hingurana liquor bar who had exerted pressure . When MaRa was in the opposition , Lakshman has gifted the latter with an exercise couch. Currently , he is under the guise of manufacturing joss sticks importing spirits and in the name of Hingurana, engaged in the production of Arrack. He is noted for lavishly and limitlessly spending for MaRa .

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Lanka-e-News19NOV. 2.Deepali Wijesundara is now separated from her husband. The attesting witness for her daughter’s wedding was MaRa . The wedding gift of MaRa for Deepani’s daughter was a brand new latest limousine plus Rs. 10 lakh cash. During that period , the white flag case was at trial stage.

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Lanka-e-News19NOV. 3.MaRa gave a special position in the white flag case to justice Deepali Wijesundara because of the extremely close friendship between them ,and when the case was progressing MaRa invited Deepali frequently. It is not known however whether proximity of relationship grew faster and stronger after her separation from her husband.

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Lanka-e-News19NOV. 4.Deepali Wijesundara grants bail only to suspects when Beet Govinna and a few other Lawyers appear for them. This was well illustrated in the case of ‘Jeena Madam’ where even the AG’s Dept, consented to granting bail to her who was 65 years old. But , justice Deepali madam deemed that she should not be granted bail , simply because Beet Govinna did not appear on behalf of ‘Jeena madam’. This refusal was to enable Beet Govinna to collect many lakhs in cash to secure bail

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Lanka-e-News19NOV. Beet Govinna had openly told in the ‘Jeena madam’ case that no effort to get bail will be unavailing ; and that if he is paid Rs. 25 lakhs , he will see that Jeena bail is enlarged on bail. In Beet Govinna’s collections there is included a share for justice Deepali . The latter goes on excursions with Beet Govinna and her Lawyer friends after throwing away her professional code of conduct and hallowed traditions of the judicial Bench not to the dogs but to the bitches as even

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Lanka-e-News19NOV. The latter goes on excursions with Beet Govinna and her Lawyer friends after throwing away her professional code of conduct and hallowed traditions of the judicial Bench not to the dogs but to the bitches as even the dogs frown on her . 5.The other judge who was a party to this reprehensible judgment was justice Zulfika Razeen . Her native place is Hambantota district and a fanatic fan of MaRa. Her whole family are staunch supporters of MaRa,

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Lanka-e-News19NOV. and at one she time tried to contest elections in the SLFP ticket. The whole family was not studious. Apart from what is stated above, the following facts go further to confirm how the two judges of the panel prostituted their lofty official positions in order to deliver the deplorable and controversial verdict in the white flag case :

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Nov 21 (DM) Dissenting judge harassed: Ranil

High Court Judge W.T.M.P.B. Warawewa, who acquitted former Army Commander Sarath Fonseka of all charges in the white flag case, is being harassed, UNP leader Ranil Wickremesinghe alleged yesterday. Mr. Wickremesinghe told a public meeting at Dematagoda that Justice Warawewa’s computer had been damaged soon after he gave his verdict. He said his party would raise this matter in parliament.

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Nov 20 (ST) LLRC: Probe possible war-related incidents. The final report of the LLRC will ask the govt to investigate incidents that may have occurred during the final stages of the war that militarily defeated the Tiger guerrillas two and half years ago. This is on the grounds that there appears to be a prima facie case based on the information the commissioners have received. However, the commission has neither named the specific incidents nor identified the persons responsible for them.