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President ratifies stripping of Fonseka

President Mahinda Rajapaksa, Commander-in-Chief of the armed forces, on Friday night signed a proclamation to cashier retired General Sarath Fonseka.

The move means the withdrawal of the former Army Commander’s rank as General as well as his medals and decorations. He will also forfeit his pension and all Sri Lankan security installations will be out of bounds for him.

Retired General Sarath Fonseka

The first serving Army officer to be promoted General, Sarath Fonseka held the decorations of RWP (Rana Wickrema Padakkama), RSP (Rana Sura Padakkama), VSV (Videsa Seva Padakkama), USP (Uththama Seva Padakkama), rcds (Royal College of Defence Studies) and psc (passed staff college). He also wore a number of medals.

After a six-month long trial, a three-member General Court Martial (GCM) found retired General Fonseka guilty on three counts of using “traitorous/disloyal words” and “neglect to obey garrison or other orders.”
Four witnesses, Lakshman Seneviratne (UNP MP for Moneragala District), Johnston Fernando (then UNP MP for Kurunegala and now with the UPFA), Gamini Abeyratne ( better known as “Taxi Abey,” a former supporter of the UNP now with the UPFA) and Major General Chrisantha de Silva gave evidence.

The President of the GCM on Friday told General Fonseka the court had found him guilty and recommended that he be cashiered. Ahead of that, he was offered a telephone to call his lawyers to invite them to be present at the sittings in the Navy Headquarters complex.

However, he had not availed himself of the offer. Gen. (retd.) Fonseka told the GCM that he rejected its findings but would not, in accordance with Army regulations, make an appeal to the Commander-in-Chief for a review of his case.

The Judge Advocate at the proceedings, Rear Admiral Shamindra Fernando, wrote to Army Commander Jagath Jayasuriya, informing him of the GCM decision and its recommendations. The Army Commander in turn forwarded it through Defence Secretary Gotabaya Rajapaksa to the President, who in terms of Army regulations is the confirming officer. The proclamation was expected to be gazetted yesterday.

General Fonseka, who led troops to military victory against Tiger guerrillas, retired last year. He contested President Rajapaksa at the January 26 presidential elections. He was common candidate of opposition parties but was defeated convincingly. Thereafter he became leader of the Democratic National Alliance (DNA).

DNA spokesman Anura Kumara Dissanayake told a news conference on Friday the fact that General Fonseka's lawyers were not present throughout the last three days of the trial made the verdict unacceptable.

Proceedings going ahead despite the court vacation for lawyers were something that BASL (Bar Association of Sri Lanka) must look into. "This is a unilateral decision. No fair chance was given to Gen Fonseka and this is not a conclusion to a process that was fair."

Anoma Fonseka, the wife of the retired General, was also present at the news conference at JVP headquarters. The GCM was headed by Major General A.L.R. Weeratunga and included Major General Lalith Wijetunga and Major General Bhatiya Jayatilleke.

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