President’s pardon enables SF’s release: appeal proceedings in SC come to end

By S.S Selvanayagam

As the pardon granted by President Mahinda Rajapaksa to former Army Commander Sarath Fonseka enables his release, the Supreme Court appeal proceedings against the sentences imposed on him have come to an end.

Divisional Bench of the Supreme Court yesterday allowed to withdraw the appeal against the judgment of the White Flag case and terminated the proceedings in an another appeal in respect of  the verdict of second Court Martial against Fonseka.

In view of the order made by the President Rajapaksa for the release of Fonseka, the Divisional Bench of five-judges of the Supreme Court terminated the proceedings of appeal in respect of the verdict of the second Court Martial which imposed him a sentence of 30 months imprisonment.

The bench comprising Chief Justice Shirani A. Bandaranayake, Justices N.G Amaratunga, K. Sripavan, S.I Imam and Priyasath Dep also allowed the move for withdrawal of appeal in respect of the appeal against the judgment of the High Court Trial-at-Bar on the White Flag case in which Fonseka was sentence three years imprisonment and a fine of Rs. 5,000.

These cases were taken up before the Court yesterday, by a motion by the Counsel for Fonseka.

Presidential Counsel Romesh de Silva appearing for Appellant Fonseka submitted that these two cases are same and that the President has made an order under Article 34 of the Constitution that the Petitioner should not serve the sentences imposed on him.

Counsel submitted the objective to see the appellant as a freeman has been achieved and pleaded to terminate the proceedings of both cases.  In respect of the appeal against the judgment of the Court of Appeal challenging the verdict of the second Court Martial, Additional Solicitor General Bimba Tilakaratne did not object for the move to terminate the proceedings. The Court terminated the proceedings.

The Registrar of the Supreme Court was directed to send the copies of these proceedings to the Secretary of the Justice Ministry.

The President has granted pardon to Fonseka under Article 34 (a) which reads as follows:

The President may in the case of any offender convicted of any offence in any court within the Republic of Sri Lanka grant a pardon, either free or subject to lawful conditions.

In respect of the appeal against the judgment of the High Court, Romesh de Silva appeared in place of Nalin Ladduwahetti. Solicitor General Palitha Fernando appeared for the Attorney General.

In respect of the appeal against the judgment of the second Court Martial, Romesh de Silva PC with Riad Ameen, Sugath Caldera, Shanaka Cooray and Eraj de Silva instructed by Paul Ratnayake Associates appeared for Fonseka. Instructed by Sudath Perera Associates, S.L Gunasekara and Sanjeeva Jayawardena appeared for the members of Court Martial. Additional Solicitor General Ms Bimba Tilekaratne appeared for other Respondents.