Court Martialled Navy officer to appeal

By Chandani Kirinde

Southern Naval area Commander T.M.J. Mendis, who was convicted on two counts in connection with the October 18 terrorist attack on the Galle Harbour in the court martial that ended on Tuesday, is to appeal against the sentencing.

A member of the defence team said they would go to the Court of Appeal by way of a writ seeking the court martial sentence to be set aside, failing which they could proceeded to the Supreme Court.

Commander Mendis was found guilty on both counts on which he was charged and was sentenced to forfeiture of six months of his seniority on the first count and the forfeiture of four months on the second count.

On the first count, he was found guilty for failing to take adequate precautions and countermeasures with due care for the protection of the Naval base, ships and craft and personnel at the Galle Harbour from terrorist attacks despite the availability of prior reliable information and repeated instructions from Naval Headquarters, an act prejudicial to good order and naval discipline.

On the second count, he was convicted for failing to obtain approval from the Navy Commander prior to leaving SLNS Dakshin despite specific instructions by the Commander for him to proceed and stay at SLNS Dakshin due to a possible terrorist attack on the Galle harbour, an act prejudicial to good order and naval discipline.

Both offences are punishable under Section 104 (10) of the Navy Act as amended by Act No 11 of 1993. The Court Martial heard evidence from 39 witness including Navy Commander Vice Admiral W.K.J. Karannagoda and Director of Operations Rear Admiral T.S.G. Samarasinghe. The court comprised Rear Admiral T.M.W.K.B. Tennakoon – President, Rear Admiral D.N. Dharmaweera – member, Commodore R.R. Wijesundera – member and Commodore W.M.L.T.B. Illangakoon –spare member.

Denzil Gunaratna PC with Upali Senaratna, Buddhika Jayasinghe, Ms. Udayanthi Senevirtana appeared for Commander Mendis and Commander Shavindra Fernando with Lieutenant Commander Weerasinghe for the prosecution.