Fonseka Found Guilty
Court rules ex-army chief made false statement to The Sunday Leader
By Easwaran Rutnam
Former Army Commander Sarath Fonseka was on Friday found guilty of making a false statement to The Sunday Leader newspaper alleging that Defence Secretary Gotabhaya Rajapaksa had ordered the killing of several senior LTTE cadres when they attempted to surrender to the military carrying pieces of white cloth in their hands during the final stages of the war.
In December 2009 Common opposition candidate Sarath Fonseka was quoted in The Sunday Leader of December 13, 2009 saying that Defense Secretary Gotabhaya Rajapaksa instructed a key ground commander in the north that all LTTE leaders must be killed and not allowed to surrender.
In an explosive interview with The Sunday Leader Fonseka said he had no information communicated to him, as army chief in the final days of the war that three key LTTE leaders had opted to surrender to Sri Lanka’s armed forces as the battle drew to a bloody finish.
Fonseka told The Sunday Leader that the Defence Secretary had given orders to Shavendra Silva, at that time Commander of the Army’s 58th Division, to kill unarmed LTTE surrendees.
Rajapaksa vehemently denied the veracity of Fonseka’s statement for which the ex army chief was indicted and convicted in a Trial-At-Bar. Commonly referred to as the “white flag case”. The trial lasted almost a year and the verdict was delivered on Friday by the Colombo High Court.
The judgment was however divided with Justices Deepali Wijesundera and A. Z. Razeen finding Fonseka guilty on the first charge while Justice W. M. T. B. Warawewa dissented.
The charges filed against Fonseka were:
1. On 2009 December 8 or a date nearest to that within the jurisdiction of this court at a location in Colombo, Fonseka had in an interview to The Sunday Leader Editor Frederica Jansz made a comment which could arouse communal feelings directly or indirectly. In the comment Fonseka had claimed that Defence Secretary Gotabhaya Rajapaksa had ordered Brigadier Shavendra Silva, who led the 58th army brigade, not to leave room for any LTTE leader to surrender and to instead kill all of them. The statement violated the emergency regulations gazetted by the President on August 13, 2005.
2. The statement made to The Sunday Leader Editor Frederica Jansz could incite communal hatred.
3. An attempt was made to arouse anti-government feelings among the public and create mixed feelings among the public and or communities.
Fonseka was sentenced to three years imprisonment and was also fined Rs. 5000 and if he fails to pay the fine then he will have to serve an additional 6 months in jail. A tense situation arose outside the Colombo High Court premises after the verdict was announced. Prison guards had to virtually drag Fonseka into the prison van as he tried to address his supporters who were protesting outside the Court house. The protestors later pulled down posters of the President erected on lamp posts and shouted anti-government slogans. Meanwhile Fonseka’s lawyers have said that they will appeal against the verdict this week.
Very disappointed with Ms jansz……I had a total different opinion abput her and now don’t see her as the honest and straight journalist.
If Fredrica chose to do and say things that is not true, she has to live with it and also go thru’the consequences.
Not surprising at all, when the Country is ruled by a power crazy lunatic with Jungle Law and Kangaroo Courts. M.R knows for certain that General Fonseka won the election with a majority that he rigged and changed the result. This was proved with the Generals immediate arrest followed by Kangaroo Courts to put him behind bars. How can he leave a gentleman loved and respected by the majority free ??? In preparation he brought the Justice Dept. under him and appointed a C.J. who’s husband is a political stooge holding a political appointment. The white flag case is true, but the real culprits are M.R. & family and few from the Forces on Diplomatic Assignments to get immunity. May this family rot in hell.
Sunday Leader is responsible for this tragidy. I was sorry for killing Lasantha but now I am happy of his death because I know that Sunday Leader’s role behind the curtain.
Prabahara’n's ghost, or the collectibe curse of Tamil people?
Sunday leader editor who gave evidence against General was trying to get favours from Gotabaya
Welcome to Sri Lankan justice-
-Terrorist leader responsible for thousands of killings- not only no word about justice but govt. showers with blessings, comforts, security
-Ex Attorny General – dismisses criminal cases ( murder, rape) specifically against politicians and one of them kills again
-Underworld kingpins, rapists given authority to monitor law enforcement
- Underworld killers sent abroad with in hours after killings- No one responsible
-Man ties another man to a tree- and he is given minister of PUBLIC RELATIONS
-Top politicians boasting about law and order- sleeps, cuddles, kisses, with underworld kingpins doing extra judicial killings/ kidnappings… obviously no one gets caught as all are in the same boat!
- Many journalists killed/ missing- no one found guilty
- Around 30 have died under police custody- no one guilty
-Billions plundered from the state, inferior oil imports, oil hedging, world cup cricket loss of billions- no one guilty
- Most govt. departments running at a loss of billions- no one responsible
-Ex president CBK says 80% politicians corrupt- no one found guilty
But
SARATH FONSEKA
- ‘Doing politics while being in the army’- GUILTY
( oops not applicable to presidents son !!)
-’White flag case’ – GUILTY
-’Irregularities of war procuments’- GUILTY
- ‘Keeping army deserters’- GUILTY
‘Dealings with Hicorp company – GUILTY
- Medals removed
-No pension
- and many many more guilty verdicts to come till he dies in the jail…..
He also must be GUILTY of saving the country !!!
Welcome to Lanka – the country with animal law !
If any court did not find him guilty of slandering would have been the matter for debate & not vice-versa. I was simply horrified when I heard & saw Fonseka uttering the “White flag” story at election rallies on TV!
GEN . SF YOU SAVED OUR NATION AND ON FALSE ACCUSATIONS HAVE BEEN SENTENCED . THE MAJORITY OF THE PEOPLE ARE FOR AND WITH YOU . THERE WILL BE YOUR DAY TO COME FOR ALL PATRIOTIC SRI LANKANS TO SUPPORT YOU . THE BLESSINGS OF THE MAJORITY OF SRI LANKANS WITH YOU , SIR .
You spare all the rogues and went all out against Major General. We very well know your link with RK (The secret shareholder). I heard Ms Jansz already fled the country after doing a an irreparable damage. She should be expelled for initiating an unnecessary probe against this valiant general just to create headlines to sell your newspaper.
Now, Fredrica Jansz also knows, she can’t hit her head on stone.
Damn sin Fony has told Fredrika lies about Gota. Why did he do that, Gota is such kind hearted,Humbal, preciase,Rilegious,Harmless,soft spocken GENTALMAN. Pau Anee.
After lasantha, this paper is useless. thanks to the online edition I don’t need to pay hard earned money to read crap….
All because he cant keep his tongue in his mouth, Aney.
Its a personal revenge by politicians , Lets fight to get SF released soon
So go and fight will you Aney. Leave me out. Not worth defending this polecat.
Bath gotta
This was a just decision and I was convinced from the outset that Fonseka was guilty of the charges. However as an astute student of justice I shall be grateful if Justice W T M P B Waraweera could state the points he had apparently dissented on.
Read the Sunday Time as they have published excerpts of that judgment. May be the investigative journalists at Sunday Leader couldn’t get it!
Here is a part of it as you are an astute student of justice who was convinced that “Fonseka was guilty of the charges”
Quote
It was sad to note that the prosecution had taken parts of the statement made by the accused Mr. Fonseka in order to substantiate the evidence given by The Sunday Leader Editor Frederica Jansz.
The evidence given by Ms. Jansz has not been substantiated by any other evidence led before the Courts.
The prosecution has failed to prove beyond doubt that Mr. Fonseka made a false statement.
The evidence given by Ms. Jansz contains false statements and creates doubts. Hundreds of lies have been uttered by her and it is not only one lie. It has been proved that her evidence is woven with lies and the article subject to question had been prepared based on other articles and on lies.Unquote
To the cocerned citizen and the astute student of justice –
This is from the excerpts of the judgment by Judge Deepali Wijesundara published in the Sunday Times
Quote
He said later Ms. Jansz and Wickramatunga had chatted with him for about five minutes when she questioned him about the allegation that LTTE leaders who were surrendering with white flags were to be shot on orders given by the Defence Secretary to Brigadier Shavendra Silva. He had said he had heard of such a story from two journalists who were in the war front. He said that he was unaware of anything beyond what he had heard from the journalists and that as far as he knows no one came forward with white flags and that the Army had not shot dead any such persons. Unquote
According to this judgement it is Fredirca Jansz who had asked the question and got the answer that he heard such a story and then written the story !
Correct. Some fellows think Fonseka is above all accpeted laws and he can do any crime ,because he is war hero ! He should not be punished by any law court for flouting army rules,violating law of the land and he should be allowed to do ANYTHING he wants ! Funny ,isn’t it ?
Gen fonseka is not above the law and not Rajapakses either. Gen Fonseka though certainly a hero had his weaknesses but Rajapakses are manupulating everything including the law and order in the country for thier benifits. Judges have been bought. Pilice is biased or totally one sided.
Why not Judge Warawewa given a chance to explain his verdict?
A big hand for you Judge W T M P B Warawewa, I thought those good old brave smart judges are dead and gone.
Won’t the same apply to Rajapaksa & Co.
Wgat is funny in this case, all fuuny things are happening and have already happend. People being killed, by the cursed family, people being abducted by the cursed family,. people who are bold enough to point the finger with proof are being branded as traitors, what more funny than this. Also, for your information can u remember few months ago a person who has being sentenced by the courts to be behind bars for robbing the state money etc. was pardoned by this president of this country just for supporting him, then where was the law in this country.
SF should have made some money, of course. he is the army commander in a country which spend 20% of its budget for military.
my question is was he the only one who got commission every other minister in lanka is clean?
AT – Anti-Hambantota-Gihila mahindaga katat ganin….Fedrika is a bitch…Lal Wikaramatunga is a supect against Lasantha’s Murder…Son of a dog….Ponna gotha,, Baya Goitha ….Gadafi wage munwa gall face eke ellala ghanna onee….
corruption is every where in the world, Mr.Fonseka Was Srilank Jenaral, as a Jenaral he cannot loose war secret for the publick. He can contest to the election.. He can do every thing as like other citizen. Fedrica said to cort her news paper was agree to assistance Mr. Fonseka’s election campaign It show’s not any truble between them . I thought my self judgement he geting abolish the citizen . If UK, USA, USSR, CHINA. He will get sentence life time in prison no doubt.
“SF should have made some money, of course. he is the army commander in a country which spend 20% of its budget for military”
How about Tsunami Donations in Billions of Dollars, converted not going to “Central Bank of Srilanka” but to a “Private Account ” of a “Politician in Srilanka. Is this not a crime in Srilanka?
Rajapaksa must take note in future he got to appoint judges who are faithful to him but not anyone who think otherwise.
because of this statement only all war crime issues came to Sri Lanka and to the Army. till this was told by SF no such issues were there.
he did his job as a commander but he ruined his own Army because of this unwanted statement
This shows politics rooted into judiciary as well. Fon commented what he heard from Silva.
Did govt kill 40k civilians? Yes is the answer, did govt shoot those who surendered ? Yes is answer , is Sarath F guilty as charged ? No is answer however is guilty of for being instrument in killing 40k civilians & that my friends is called gods justice.
Like baratha getting killed like a dog and you still pay dhuminda govt minister’s salary is the price you paid to kill as they will during the war. When you turned my sister being raped & celeberated with kiri bath, we knew that’s the last time you celeberate
It is alleged that the Hon. Judge Watawewa”s dissenting judgment was not read out in the court , contrary to the usual practice .Why was he not permitted to do so ?
After his judgment , the computer in his chambers has been smashed !
Thuggery , htuggery , thuggery wherywhere !.
So proud to know that we still have, at least one, brave judge in Sri Lankan judicial service who gives the correct verdict. All others are cowards and scared of thugs.
Cyril
Independent Observer
November 21, 2011 – 5:45 am
Your comment is awaiting moderation.
It is alleged that the Hon. Judge Warawewa”s dissenting judgment was not read out in the court , contrary to the usual practice .Why was he not permitted to do so ?
After his judgment , the computer in his chambers has been smashed !
Thuggery , htuggery , thuggery wherywhere !.
when LTTE was there, only LTTE blamed government. Now even the army commandar who fought with LTTE is blaming the same government for which he fought.
Well said JDO. Following Lasantha’s assasination, this paper is useless. I shall better say, little after his assasination.
Once called the Best Army Commander in the World now labeled as a traitor and condemned. Is this the gratitude and justice one expects? Shame on all Sri Lankan who agree with the judgement.
Those judges who passed this judgement against the Accuse have no authority to decide this case as one judge`s has been connected to the Srilankan President regarding a “Wedding of her Family Member” very recently and second one is connected to the Srilankan President from Hambantota from a very long time especially the President`s elections.This judgement is not “Impartial” and nul and voide.
SF is not guilty and that is known by ALL including the defacto president and his brothers and the judges he heard his case. He is behind bars because Mahinda and siblings and dead scared if he gets out. They will get mauled. That’s why even the defence budget is still high. Scared of Fonny.!!!!!