| Former Army Commander Sarath Fonseka told the told the High Court Trial-at-Bar hearing the ‘White Flag’ case that his interview given to The Sunday Leader newspaper had been distorted and published.
In a statement from the dock on Thursday, Mr. Fonseka said that in his 40 years of service in the Army he had never made any statement that would bring discredit to it.
Mr. Fonseka is charged with having stated in an interview with the newspaper that the Defence Secretary had ordered not to spare any of the LTTE cadres surrendering even if they were coming with white flags during the last stages of the military assault on the guerrillas in May 2009.
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| Sarath Fonseka being brought to court on Thursday. Pic by Sanka Vidanagama |
He is charged for making a false statement to The Sunday Leader, arousing communal and anti-government feelings among the public and creating disputes among them.
The Trial-at-Bar consists of Judges Deepali Wijesundara (President), W.T. M. P.B. Warawewa and M.S Razeen.
At the outset Mr. Fonseka said he was totally denying all the allegations on which he has been indicted in the High Court and added that he had never used the words mentioned in the indictment and attributed to him.
(Mr. Fonseka seeks permission from Court to drink water. He drinks from a bottle)
Judge Warawewa: If it is difficult to stand and make the statement, you may sit and make the statement.
Senior Defence Counsel Nalin Ladduwahetti: Since my client was injured in a suicide bomb attack he is feeling the effects of it and would require to drink water frequently.
Deepali Wijesundara (President): If necessary you can give him a cool drink.
(Mr. Fonseka resumes giving his statement):
“The statement attributed to me saying the Defence Secretary Gotabaya Rajapaksa had told Brigadier Shavendra Silva not to spare any of the LTTE leaders trying to surrender and that all of them should be killed is not a statement by me, but was a question asked by The Sunday Leader editor, the answer to which has been distorted and published.
“I wish to emphasize that never since joining the Army nor on December 8, 2009 have I ever made any statement that would embarrass the Army that carried out orders risking soldiers’ lives to protect the country and the nation for which I fought patriotically for over 40 years.
“After the article appeared in The Sunday Leader I tried to clarify the position at public rallies in Ampara and Ratnapura, but extracts from my speech were taken and changed to give different meanings to the speech and they were not set in the context in which speech was made.
“If the learned panel of judges will know of the sacrifices made by me to the Army and the country during the past 40 years, they would prove that I have not defamed or embarrassed my soldiers or the nation.
“After completing my Advanced Level studies I decided to join the Army with the blessings of my parents, brothers and sisters and others.
“I wish to inform Courts I did not make such a statement mentioned in the indictment and betray the Army or my country particularly as a person who joined the Army with great intentions and as a person who narrowly escaped death on three occasions.
“I was born on December 18, 1950 to a family of four brothers and two sisters. I received my primary education in Ampara and Hiniduma and from Grade three to eight at Dharmasoka College, Ambalangoda. Thereafter I entered Ananda College, Colombo where I studied up to the A/L.
“In February 1970 I enrolled as a Cadet officer.”
(Mr. Fonseka requests a five-minute break and Court permits Mr. Fonseka to sit. However as Mr. Fonseka was coughing continuously Court adjourns for 10 minutes).
(Mr Fonseka resumes giving his statement 15 minutes later):
“After after an 18-month training, I became a Second Lieutenant in 1971 and enlisted in the Sinha Regiment. During the 1971 insurgency I served in the Dambulla area and in 1976 I was promoted as Captain. In 1978/79 when the Commando Unit was formed I served as an instructor to the first batch in Diyatalawa.“At the practical and written examination in 1979 for promotion to the rank of Major, I came first. In 1981 I assumed duties as an officer-in-charge of a unit. During this time I recall that the terrorists killed the first soldier. At that time I was a Duty Major.
“In 1981 when my first daughter was born and in 1986 when my second daughter was born I was out of Colombo and therafter I was able to spend only a week with my family. “In 1983 my duties in Jaffna were taken over by another regiment and I assumed duties in Colombo. It was the day after that that 13 soldiers were killed in an LTTE attack.
“In 1983 I purchased a house in the Raddolugama housing scheme. My Commanding officer Cecil Waidyaratna gave me two hours to attend the house warming ceremony. In order to raise funds for my elder daughter’s education in the United States I later sold that house.
(Mr. Fonseka coughs continuously. Mr. Ladduwahetti discusses with Mr. Fonseka)
Mr Ladduwahetti: We wish to request for another date to make the statement as Mr. Fonseka is finding it difficult to speak continuously. We also seek permission for him to be examined by Consultant Physician Dr. Vajira Tennakoon who has treated him earlier.
The Panel of Judges agreed to the request that Mr. Fonseka be allowed to visit Dr. Tennakoon for required treatment at the Nawaloka Hospital and accordingly an order was given to the Commissioner General of Prisons.
Earlier the Senior Defence Counsel undertook to bring four other witnesses when required. They were Members of Parliament Karu Jayasuriya, Mangala Samaraweera and Anura Kumara Dissanayake and English language expert Professor Ashley Halpe.
The other witnesses R.A.S.G.Ranawaka representing the Registrar of the Supreme Courts, Chamikara Perera representing the Colombo High Court Registrar, National Archives Director Saroja Wettasinha, Sukumar Rockwood, Convenor Journalism Awards Committee of the Sri Lanka Press Institute, Raiza Wickrematunga, MP Prof Rajiva Wijesinha and External Affairs Ministry Secretary Karunatillake Amunugama were present in Courts.
Prof. Wijesinha and Mr. Karunatillake were informed by Court to be present only when they are summoned.
The lawyer for Raisa Wickrematunga sought permission from Courts that as his client was due to sit an examination in Great Britain, she be permitted to appear in Courts when summons are issued, but the Senior Defence Counsel objected to it.
Next hearing is on May 19 and 20.
Fonseka to seek
treatment for cough
By Chandani Kirinde
Former Army Commander Sarah Fonseka will need to make another visit to hospital on Monday to seek treatment for a sudden cough he developed while making the dock statement in the ‘white flag’ case on Thursday.
A family member said that the consultant who treated him at a private hospital in Colombo had wanted him to come back on Monday.
Prisons Commissioner Major General V.R.De Silva confirmed that Mr. Fonseka would be taken for a further consultation with the doctor tomorrow.
Some of his relatives who met Mr.Fonseka at the hospital said that his condition had improved.
Meanwhile the Prisons Commissioner said that the former General will be able to join fellow inmates when they observe sil on Vesak day on Tuesday.
“Arrangements have been made for all prisoners to observe sil. He too can join if he likes,” the commissioner said.
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