A writ application was filed in the Court of Appeal on Thursday against the findings of the first Court Martial of (Rtd.) General Sarath Fonseka finding him guilty of the charges.
The petitioner in his application stated that the members of the Court Martial, Major General H.L. Weeratunga (president) Major General A.L.R. Wijetunga, Major General D.R.A.B. Jayatilake and the Judge Advocate W.J.S. Fernando who conducted the proceedings were biased against the petitioner and that the Court should make order in the nature of a writ of certiorari quashing the entire proceedings in the court martial conducted by them.
The petitioner cited Lieutenant General Jagath Jayasuriya together with the members of the court martial and the Attorney General as respondents. He stated that Major General Weeratunga is the brother-in-law of the Army Commander Jagath Jayasuriya. He said that the Army Commander has a personal grudge as there were charges of unwarranted misbehaviour not becoming of an Army officer, brought against him during his tenure of service .
He stated that due to the close relationship between Maj. Gen.Weeratunga and the Army Commander they are biased in law and cannot therefore sit in judgment on the petitioner.
He said that there is a Judge Advocate in the Army and therefore it is questionable as to why Deputy Solicitor General Shavindra Fernando who belongs to the reserve force of the Navy functioned as the Judge Advocate. Furthermore the petitioner stated that the Attorney General’s Department was the prosecution in the court martial.
He further said the evidence of Johnston Fernando, the main witness for the prosecution, was solely based on a telephone conversation he allegedly had with the petitioner and considering the witness’s credibility his evidence is in doubt. The petitioner states that all these transpired because he decided to contest the Presidential election against President Mahinda Rajapaksa The petitioner in his application requests the Court to quash the decision of the court martial. |
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