Former Army Chief General (retd) Sarath Fonseka, detained on conspiracy charges has refused to cross examine persons, who would give evidence against him or bring in witnesses to defend him in a court martial.

Military spokesman Major General Prasad Samarasinghe yesterday told The Island that the former Chief of Defence Staff (CDS) had refused to take advantage of the provisions to question anyone, including military officers giving evidence against him.

Responding to our queries, Samarasinghe dismissed recent media reports that the Opposition presidential candidate had refused to give a statement to the Army investigating the conspiracy charges.

"We never asked for a statement from him. But we offered him an opportunity to cross examine witnesses and also bring in his own people, which he refused on the basis he could not be tried under the Army Act," Brigadier Samarasinghe said.

He said that there was no basis for Fonseka’s position as he had served the Army until November 14 last year. According to him, the Army could arrest any officer or man if he had retired within six months prior to his being taken into military custody.

The inquiry is headed by Chief of Staff of the Army, Major General Daya Ratnayake. The Military spokesman said that the inquiry would continue, in spite of Fonseka’s refusal to cooperate. "We are in the process of collecting evidence and recording statements of both Army and civilians at the Navy headquarters, where Fonseka is being held," he said.

Once the evidence was handed over to Army Chief Lieutenant General Jagath Jayasuriya, he would decide whether his predecessor could be Court Martialled, he said. There was provision for him to appeal to Court of Appeal if he did not agree with the verdict, he said adding that the former Army Chief could move the Supreme Court in case he wasn’t satisfied with the ruling given by the Court of Appeal.

He dismissed as nonsensical the assertion that a four-star General could not be tried by officers holding lesser ranks. He said if Lt. Gen. Jayasuriya decided to Court Martial Fonseka, the inquiry would involve either three or five officers.

Asked whether Fonseka would be allowed to retain civilian lawyers, the Major General said that the former Army Chief could use lawyers of his choice. He pointed out that regardless of the Military Law, the Army Commander had allowed Fonseka’s family to bring in his food and also medicine.