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‘I Am Not Afraid To Go To Jail’ Says Fonseka

Sep 11, 2010 2:40:41 PM - thesundayleader.lk

Sarath Fonseka in custody

“I have always stated and continue to state that I am not a person subject to Military Law and in any event this tribunal has no jurisdiction to try me.”

At the beginning of this Court Martial I took objection to Major General M.P. Peiris, functioning in this Court Martial as President, on the basis that I have dealt with him for an integrity issue and removed him from the main stream of the Army subject to an inquiry. I also objected to Major General M. Hathurusinghe participating in this Court Martial as a member, on the basis that it transpired at a Security Council meeting that Rs. 30,000 out of the Rs. 50,000 rent, of the out sourced vehicle used by him was paid by the LTTE while the Army paid the standard amount of Rs. 20,000. Further, I took an objection to Major General S.W.L Dawulgala participating in the Court Martial as a member on the basis that he is a very close associate of the Defence Secretary Gotabaya Rajapaksa, who has time and again made clear his hostility and hatred towards me, since I contested his brother at the Presidential Election.

None of these allegations were denied by the members of the tribunal. I also took an objection to Rear Admiral Shavindra Fernando, Judge Advocate General of the Navy and a Deputy Solicitor General of the Attorney General’s Department functioning as the Judge Advocate General of this Court Martial, on the basis that it is improper for the judge Advocate General of the Navy to function in this Court Martial when there is a Judge Advocate General available in the Army and on the basis that it is improper for a Deputy Solicitor General of the Attorney General’s Department to function as Judge Advocate General when the prosecutor is also a Deputy Solicitor General of the Attorney General’s Department. Despite these objections the Court Martial proceeded with the same members and the same Judge Advocate General. Hence, I have no faith in this Court Martial. Having regard to the above, I certainly know that I will not get justice from this Court Martial and irrespective of the evidence in this case I will be convicted and jailed.

This Court Martial has been set up by President Mahinda Rajapaksa for no other reason, but to put me in jail and kill me politically. Had I not contested him at the Presidential Election, he and his brother Gotabaya Rajapaksa would have been still acclaiming me as the ‘Best Army Commander in the World’ as they did immediately after the war victory. Ever since my decision to contest the Presidential Election I was subjected to a calculated course of targeted persecution motivated by malice to carry out a political vendetta.

Therefore, I state that this entire exercise of trying me before this Court Martial and the other Court Martial which was concluded during the court vacation without my lawyers’ participating and the cases instituted against me in the High Courts are all politically motivated. Hence, I see no reason to testify on oath before this tribunal and I am making this statement in order to make it clear to my countrymen and to the entire world, the nature of the proceedings that has been and are being conducted against me.

I categorically deny the charges that have been leveled against me. I was and I am unaware that Danuna Thilakaratne had anything to do with Hicorp Pvt. Ltd.

I categorically deny the charges that have been leveled against me. I was and I am unaware that Danuna Thilakaratne had anything to do with Hicorp Pvt. Ltd.

My calling witnesses to testify at this inquiry is not because I expect any justice to be meted out to me having regard to their evidence, for I know the three members of the Court Martial and the Judge Advocate General who are seated altogether have been specially selected for the purpose of convicting me. My lawyers have decided to lead the evidence of other witnesses.

Finally, I would like to say, that the people of this country are the best judges and they know what I have done for this country, taking risks on my own life on a number of occasions. What I have done for this country, specially ridding this country from the 30 year old war with the LTTE, cannot be erased from the history of this country by removing the medals and the rank that I have earned through merit. As a man who was ready to die for my country and who nearly died for the country I am not afraid to go to jail to liberate this country from this corrupt administration, which had been running this country in blatant violation of the constitution, particularly the 17th Amendment, which stipulates the appointment of the Elections Commission and the appointment of judges to Superior Courts, the Inspector General of Police the Attorney General, the Auditor General, the Secretary General of Parliament and Ombudsman through the Constitutional Council instead of the President making such appointments himself.

In this context the whole world can see that I am being prosecuted for an alleged violation of a Procurement Guideline, issued by a non statutory body called the National Procurement Agency, which has no force in law, when the Constitution which is the bedrock of all law has been and is being blatantly violated with impunity by those who have publicly and otherwise sworn to uphold same.