Fonseka Trial: Free and Fair? (Opinion)
Fonseka waving outside court
A short while ago, reports began to surface that DNA MP and former Army Commander Sarath Fonseka was found guilty of engaging in political activity while in uniform. MCNS head Lakshman Hulugalle and military spokesman Ubaya Medawala said they were both awaiting official confirmation.
If indeed the reports are true, the word “travesty” springs to mind. After all, the proceedings continued despite court holidays. More importantly, despite the fact that Fonseka’s own legal representation was absent.
The ‘right to counsel’ is one of the most basic rights of the accused. The defendant has the right to a lawyer to state his case. If he cannot afford this, the state should be able to provide one. Violating this right is not exactly a criminal offence. However, as lawyer Upul Jayasuriya pointed out, “the right to counsel… is a cardinal principle.” That makes the decision to proceed despite the fact that Fonseka’s lawyer was ‘on holiday’ somewhat controversial.
Of course, Fonseka has been vociferous about his rights being violated. When he was first detained at the Navy headquarters, he reportedly refused to eat any food not provided by his wife, convinced that he was at risk of poisoning. He went on a hunger strike when he was told he couldn’t use his personal mobile phone to communicate to his daughters via Skype. He even demanded that an air conditioning unit be installed in his room, since he had respiratory problems.
Fonseka did, however, retain his civic rights, since he wasn’t officially sentenced. This meant he could attend Parliamentary sessions. On the few occasions he was prevented from doing so, he (rightfully) vigourously protested. And he has remained very much in the public eye, simply because of his unique position- a former war hero now labelled as a traitor. The frequent protests organised by his party, the Democratic National Alliance, and spearheaded by his wife Anoma have gone some way to maintaining public interest.
The right to a fair trial- another basic fundamental right. Was it fair to continue proceedings despite the notable absence of Fonseka’s counsel? Probably not. Then again, “fair” is not a word that appears often in Sri Lankan vocabulary.
At the end of the day, the accused’s rights should not be ignored-even if he is guilty of the crime.
I guess what is happening to SF can make VP happy what he wanted to SF is done by the government. .
In Sri Lanka no one can expect rules to be abide by or laws to be upheld. The president and his brothers are law unto themselves, they can ‘hang’ anyone or bomb hospitals as they wish. The electorates do not seem to know head or tail of politics. Only hope we have is in UN Advisory Panel to bring Rajapakses to book.
KP AND SO MANY GENUINE LTTE SYMPTHISERS WANT THE SRI LANKA ARMY TO LOOSE ITS GLORY, THIS IS FOR KILLING THEIR HERO & DESTROYING THEIR HOPES. IT IS HAPPENING NOW, MONEY TALKS
Not only the Army, the whole SL state would have lost the glory if SF came to power.
Army didn’t lose anything just because of ONE TRAITOR was stripped off his titles for which he has no ethical right to be holding on to, having sold out his dignity for a poltical assylum.
This is a fair trial.. Since one in the militory is supposed to observe extremely high discipline in all times, punshments to SF should not end here. He has to be in house arrest forever having even civic rights removed.
No matter what he was yesterday, Today he is a bloody traitor. No one should take what they did as good deeds or part of their duty owed to others on ransom.. specially ones in the militory.
Manuwadu. I agree with you. maharajano must go from his thrown soon. otherwise i can no viait my motherland.I am in Germany hitler in sri lanka mist be austed. people please throw him out of the thrown. sangadasa
This type of personel rivalries could be resolved at the dinning table.
lawless,dictatorship,thuggery,corruption,bribery, personnel revenge shows undemocratic country in the world is Sri Lanka run by the Rajapakse family.
what a shame ?
Every action has a reaction
SHAME, SHAME, SHAME,
I am totally against the kangaroo court SF is facing. It shows that there is no authentic rule of law in SL, only the rule of man, in our case, the rule of Rajapakse men. Whatever punishment has been planned for SF would be a mockery of democracy and mockery of law.
I respect SF as a great general who accomplished something tremendous. However, your father also has some deep flaws. For one, he is vindictive. He has unceremoniously shunted out some good officers who did great work. He vilified the magnificent efforts of other forces, especially the navy and its former commander. He also talked brashly, threatening to imprison the present rulers flushed with election fever. Above all, he committed the unforgivable sin of jeopardizing his former comrades in arms by trying to set the stage for an international war crimes tribunal. And he allowed himself to be used by unscrupulous politicos like RW, Mangala and the JVP. His arrogance and poor judgment played a major role in the great man’s mighty fall.