The second court martial hearing charges against former Army Commander General (retd) Sarath Fonseka was postponed indefinitely yesterday after the defence raised objections on the grounds that the same Bench could not preside over two different hearings. The presiding judge advocate said the tribunal would seek a directive from the President as to whether a different bench should hear the second set of charges against the former Army Commander.

Maj. Gen. H. L. Weeratunga informed the tribunal that the members of the court martial had decided on that course of action as they were hearing separate charges against the same accused.

The tribunal, considering submissions, maintained that although the provisions in the Army Act empowered the judges of one Court Martial to be in another tribunal trying the same accused, provided the alleged prosecuting charges were of different nature. The Court martial had preferred to be reconvened for the sake of maintaining a high degree of transparency and unprejudiced nature, the army website said.