General Sarath Fonseka will face an immediate court martial for treason and he can be jailed for up to five years, Defence Secretary Gotabaya Rajapaksa said in an interview published yesterday.
Rajapaksa, a brother of President Mahinda Rajapaksa, also told Singapore’s Straits Times that Fonseka had planned to impose military rule and his candidature in the presidential election that he lost was backed by the US and Norway, the IANS reported.
Speaking candidly but harshly about Fonseka, Gotabaya rubbished claims that Fonseka played a key role in the military victory over the Liberation Tigers of Tamil Eelam (LTTE) in May last year. “What he achieved we could have done with any other commander. There were better officers.”
Fonseka was arrested Monday after being charged with conspiring against the government of Mahinda Rajapaksa, his former friend, and creating rifts in the army. Fonseka’s supporters have denied the charge.
The younger Rajapaksa, who as defence secretary oversaw the war against the Tigers, said Fonseka would be charged under the Army Act. “Under the Army Act, any officer can be charged under military act within six months of leaving the military. There are other things we will do under civil code.”
He went on: “The court martial will begin immediately after the assembling of the summary of evidence is done. I don’t know how long it will take because that depends on lawyers. But we want to finish it soon. In less than six months maybe. The severity of the charges is very high. He can be put in jail for as long as five years.”
Rajapaksa said Fonseka worked with politicians and tried to win them over while holding the Chief of Defence Staff assignment. “This was completely wrong because he was sitting in Security Council meetings. It amounts to treason.”
“He was planning military rule… He was completely trying to isolate the politics and take the country on a different path… In his very last stages as army commander he began bringing his people into Colombo and his regiment, positioning his senior regiment people all over… All these things were looking like a military coup,” said Rajapaksa.
The president’s brother accused a section of the West of conspiring with Fonseka, who has accused the Rajapaksa brothers of war crimes in the military campaign against the LTTE.
“We are 100 percent convinced that Western countries with vested interests were backing him. Even the US, and countries like Norway, spent lots of money on his campaign.
“I have proof of the Norwegian government paying journalists to write against the government,” he said. “They have vested interests and used to support the Tamil Tigers in various ways. They also supported Fonseka to try oust the government.”Rajapaksa also linked Fonseka with the chilling January 2009 murder of Sri Lankan editor Lasantha Wickrematunge.
“We know there was no other person (involved). You have to see the circumstances. Some of the media people harmed had never criticized any other person except him or people close to him. Nothing happened to those who had been criticizing me or the president.
“We have a clue whom he has used (in the killing). We are very convinced. In fact, I know for sure. He was definitely responsible for five or six cases (of disappearances) where media people were involved. Now I am going after the people who did the executions. The truth will come out very soon.”
Meanwhile, the trial against former Army Commander General Sarath Fonseka will begin as soon as Attorney General Mohan Peiris is ready with the prosecution papers and Army Commander Jagath Jayasuriya sets up a Military Court, a government spokesman said yesterday.
Minister G.L. Peiris told the weekly Cabinet news briefing General Fonseka would be tried under the provisions of the Army Act of 1947 and that he would have the right to be represented by lawyers.
“Let the law takes its course. It is highly disappointing to note that the foreign media which went to town saying the government has meted out special treatment to certain individuals now demanding special treatment for General Fonseka on grounds of his being a politician and a public figure. This attitude is wrong and against the law,” he said.He said the Army acted in an independent manner with no government interference and added that General Fonseka would be tried according to the Army Act.
“Every one is equal before the law except the executive president and foreign diplomats. General Fonseka was arrested and detained for interrogation in accordance with the law of the land and under the provisions of the Army Act. We cannot comprehend as to why the foreign media is attempting to promote a culture of impunity for certain public figures. The Army has strong evidence against General Fonseka,” Prof. Peiris said.
He said no one should attempt to politicize the arrest of General Fonseka.
“You must not confuse or rouse the public by saying his arrest was illegal. This can bring about a break down in the law and order situation in the country,” Prof. Peiris said.
He said the three armed forces were commissioned under a Parliamentary Act and the detention of General Fonseka under the Army Act drafted in line with British law was in accordance with the Fundamental and Human Rights set out in the Constitution.
“There is no politics behind his arrest and detention,” Prof Peiris said. “General Fonseka is free to ask for the necessary documents and to cross examine witness at his trial. If he does not agree with the ruling of the Military Court he can challenge it in the Court of Appeal through a writ application and thereafter if necessary seek further legal redress from the Supreme Court,” Prof. Peiris said.
The Army Act prohibits gazetted officers from revealing military secrets and the Army has evidence that General Fonseka violated the Act more than once, he added.
Norway deny Gota charges
The US and Norway have strongly denied charges leveled by Defence Secretary Gotabhaya Rajapakse that both countries had funded the election campaign of former Presidential candidate General Sarath Fonseka.
In a press release the Norwegian Embassy stated; that in reference to the interview of Sri Lanka’s Defence Secretary Gotabhaya Rajapakse carried by Straits Times 11th of February, they wished to point out that the accusations made against Norway were untrue. The statement had added that “Norway has never and will never interfere with other countries’ elections or in any way try to undermine or oust a democratically elected government and president”.
It also said that its ambassador Tore Hattrem had yesterday brought up the issue with the Sri Lankan Ministry of Foreign Affairs.
The Embassy of the United States meanwhile in a press release strongly stated that there was “no truth to the Sri Lankan Defense Secretary’s claims that the U.S. provided financial support to the opposition candidate in Sri Lanka’s presidential election.” The statement drew attention to previous statements by the U.S. Embassy, wherein which they had stated that the United States backed no candidate but strongly supported a free, fair, and credible democratic process.
It added that in the same spirit the US Embassy now “urge the Sri Lankan Government to protect the rights of those who supported the opposition or other candidates in the election and to ensure the safety and security of representatives of the press.”
The Embassy statement further read that the “free expression of opinion and peaceful participation in the political process are fundamental democratic rights, which all citizens of Sri Lanka should enjoy.”
By Courtesy of www.dailymirror.lk
Friday 12th February 2010.
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