No jurisdiction to try SF - Defense Counsel
Feb 14, 2011 7:00:00 PM - aussieindolanka.com
Counsel for the former Army Commander Sarath Fonseka told the Colombo High Court today that it did not have the jurisdiction to try retired General Fonseka in the Hicorp case
The former commander is alleged to have misappropriated public funds by fraudulently registering and transacting business with the army by tendering forged documents while acting as an agent of British Borneo Defense Company in Australia.
When the case was taken up for inquiry by High Court, the Defence counsel appearing for General Fonseka said the Supreme Court had interpreted that the Court Martial which heard the Hi Corp case in which his client was an accused held that it was a Court established under the Constitution and as such its orders were legally binding.
Counsel Pieris said General Fonseka had been tried by that Court and sentenced to jail and taking this into account the High Court did not have jurisdiction to hear this case as the charges were almost similar and on the same issue.