Meanwhile Gen. Fonseka is to be tried before a trial-at-bar in connection with the ‘white flag’ incident. Last week the Attorney General writing to the Chief Justice had requested to appoint a three-judge bench to try Parliamentarian Sarath Fonseka as the incident had affected the country and has brought international disrepute.
Gen. Fonseka is to be charged over a statement he made during an interview with the Sunday Leader newspaper on December 8, 2009 where he had stated that Defence Secretary Gotabhaya Rajapaksa had instructed the Commander of the 58 Brigade, Brigadier Shavindra Silva to kill all LTTE members who came to surrender with white flags. However when asked as to how Gen. Fonseka came to know this, he had replied that he was told by a reporter attached to the 58th Brigade as told by Brigadier Shavendra. The said story had been published as the lead on Sunday December 13, 2009.
In addition to these two cases, a fresh case against Gen. Fonseka was filed before the Colombo Magistrate Court in connection with harbouring ten army men during the run up to the Presidential election.
In its report the CID named General Fonseka and his private Secretary Senaka Haripriya de Silva for allegedly harbouring Army deserters and complained that the suspects had committed an offence punishable under Sections 128 and 133 of the Penal Code.
Senior state Counsel Damith Totawatte submitted that the investigations conducted by the CID had revealed that the suspects had committed the offence and to remand them as the investigations were in progress. If proved the said Gen. Fonseka is to sentence for maximus of 20 years of jail term.
In addition two cases are pending against Gen. Fonseka at the Court Martial for his alleged involvement in political work while in active service and acting in contravention of military procurement procedure while being the former Army Commander.