Courts Martial rulings accepted world over

http://www.dailynews.lk/2010/10/13/news02.asp

Courts Martial rulings accepted world over

Convicted MPs unseated earlier too:
Chaminda PERERA
Colombo University Senior Lecturer Dr Prathibha Mahanama Hewa yesterday said Courts Martial rulings are accepted all over the world including the United States and Canada. Dr Hewa stressed that Courts Martial are part of law in the US Constitution.
Two top ranking military officers in India are being tried in Courts Martial and no one raises questions why they were being tried in Court Martials, he said.
He said that politics should be differentiated from law when the verdict given by the Second Court Martial against Fonseka is taken into consideration.
He said that Fonseka was accused of misappropriation of funds and he was found guilty by the second Court Martial.
Addressing an intellectual forum held at the Media Ministry, Dr Mahanama Hewa added that discipline is of prime importance for a military officer.
He was of the view that the Opposition has made the imprisonment of Sarath Fonseka a political issue giving oxygen to LTTE elements in foreign countries.
He added that Fonseka did not have any ethical right to be in the Tender Board as the Hi Corp Company belonged to his son-in-law has also made an application. The Army Tender Evaluation Board is normally headed by the Chief of Defence Staff but in this case, Fonseka as the Commander of Army himself has presided at the board and accepted the tender of his son-in-law’s company.
He said that Fonseka’s involvement in the Hicorp deal was bared by Upul Illangakoon who is domiciled in the US.
Mahanama Hewa added that action can be taken against Army personnel within six months of their retirement under the Army Act.
He added that military officers who are below the rank of the accused can also be appointed to the Courts Martial on the discretion of the Army Commander or by the President as the Commander-in-Chief of three Armed Forces. He attributed the country’s victory over terrorism to a concerted effort taken by the Tri Forces. Mahanama Hewa was of the opinion that LTTE leaders such as Thamilselvam was killed by air raids carried out by Sri Lanka Air Force.
Manahama Hewa stressed that correct decisions taken by the political leadership resulted in the victory over terrorism.
Meanwhile, Legal luminaries yesterday said that verdict given by the second Court Martial against Sarath Fonseka that he purchased arms when he was Army Commander through Hicorp company which belongs to his son-in-law led him to lose his parliamentary seat.
According to Dr Jayatissa De Costa PC the Second Court Martial found Sarath Fonseka guilty. “ Fonseka lost his parliamentary seat as a result of the verdict given by the Second Court Martial over the purchase of arms by Fonseka as the commander of Sri Lanka Army through Hicorp Company which belongs to his son-in-law” , he added.
He stressed that this is not the first time that Parliamentarians who were convicted by the court of law were unseated from Parliament. He added that former MEP leader Philp Gunawardena, former
Parliamentarian for Welimada K M P Rajaratne were among the politicians who lost their parliamentary seats after they were convicted by court of law.
Dr Costa added that Minister S B Dissanayake also lost his Parliamentary seat after he was found guilty for contempt of Court by the Supreme Court. Dr Jayatissa De Costa said the Opposition brought Amendments to the Constitution within 24 hours to deprive the civic rights of former Prime Minister Sirimavo Bandaranaike when it was in power. Dr Costa explained how the UNP Government meted out justice by bringing a constitutional Amendment to Parliament within 24 hours to deprive the civic rights of Mrs Bandaranaike who was the only politician who could challenge then President J R Jayewardene at that time. He said that Mrs Bandaranaike obtained a Writ Order from the Appeal Court squashing the Presidential Commission decision for the disenfranchisement even after 20 judges who heard the case were removed by the Government led by former President JR Jayewardene.
Dr Costa added that SLFP lawyers managed to obtain an Appeal Court order nullifying the Presidential Commission verdict. Dr Costa added that the UNP Government did an injustice by bringing Amendments to the Constitution for the sole purpose of punishing an individual.
Dr Costa was of the opinion that Fonseka can seek a writ order from the Court of Appeal to squash the verdict given by the Second Court Martial or file a Fundamental Rights application. He said that Supreme Court can interpret the legal position then.