The remission given to prisoners for good behaviour would not be applicable to former Army Commander Sarath Fonseka since he was convicted by a military court, Prison Commissioner General P.W. Kodippili said yesterday.
The 30-month prison sentence imposed on Mr. Fonseka after the Army Court Martial found him guilty of awarding a tender to a company where his son-in-law had interests began in October 2010 and would end in March 2013, he said
Earlier it was widely believed that with remissions Mr. Fonseka’s jail term in respect of the 24 month sentence ended last Thursday.
Accordingly, a bail application was filed in the Supreme Court last Thursday as there is an appeal pending in respect of the White Flag case judgment for which he has been sentenced for three years.
Mr. Fonseka’s senior counsel Nalin Ladduwahetti reacting to the developments said, “Now the prison officials are going back on their own statement and coming up with the new argument specifically targeting Mr. Fonseka”.
He said the new argument would not be valid since the Supreme Court itself held in one of Mr. Fonseka’s cases that the military court was acceptable just as any other court recognized by the Constitution of the country.
“The prison officials had showed Mr. Fonseka his file that he would complete the sentence on April 26, with the ten percent remission granted for good behaviour,” Mr. Ladduwahetti said. He said there were other prisoners who were convicted by military courts, and were given remission for good behaviour.
According to the senior counsel, once the sentence in the court martial has been served Mr. Fonseka could be released on bail pending the appeal and another case in the Colombo High Court involving mutiny. Mr. Fonseka in his application has sought release on bail subject to reasonable conditions pending the appeal against the majority judgment in the White Flag case.
The former Army Commander said High Court Judge W.T.M.P.B. Warawewa in his dissenting judgment absolved him of all the three charges and acquitted him.
The other two judges found him guilty of the first charge — making a false statement to The Sunday Leader editor that Defence Secretary Gotabaya Rajapaksa had ordered the killing or LTTE leaders who carried white flags and came to surrender.
Mr. Fonseka said he had appealed against the judgment and urged that he be granted bail considering among other things; his 40 years unblemished service in the Army, severe health complications due to three terrorist attacks, less probability of absconding, the weakness of the High Court judgment and greater feasibility of succeeding in his appeal.
The appeal will be taken up before a five-judge bench of the Supreme Court, including the Chief Justice, on Wednesday and Thursday.
Mr. Fonseka is currently undergoing treatment at the Nawaloka Hospital where some 30 prison guards have been deployed for security along with the police. |
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