White Flag case appeal fixed for support on May 2,3

By Chitra Weerarathna

The Supreme Court yesterday fixed May 2 and 3, 2012 for support of the Appeal filed by General Sarath Fonseka against the decision of the High Court Trial-at-Bar, in the White Flag case.

Nalin Ladduwahetty, the Senior Counsel for the appellant, said that he had been out of the country and he had received the appeal brief very recently. He said therefore he needed time to study the legal aspects of the appeal.

Meanwhile, Laduwahetty submitted two letters written by the appellant regarding the composition of the five-judge bench of the Supreme Court nominated to hear the appeal. The Registrar of the Court was directed to submit them to the Chief Justice.

The five judge-bench of yesterday comprised the Chief Justice Dr. Shirani Bandaranayake, Justices N. G. Amaratunga, P. A. Ratnayake Sathya Hettige and Priyasard Dep.

Nalin Laduwahetty appeared with Niroshan Perera and Chathura Amaratunga instructed by Paul Ratnayake Associates for Fonseka.

The Solicitor General Palitha Fernando PC appeared with Deputy Solicitor General Buweneka Aluwihara, Senior State Counsels Dilan Ratnayake, Navavi and Sudarshana de Silva for the Attorney General, the respondent in the appeal.

The High Court Trial-at-Bar convicted Fonseka of having told The Sunday Leader newspaper that the Defence Secretary had directed the Sri Lanka Army to shoot at sight the LTTE cadres who had surrendered carrying white flags. A sentence of three year rigorous imprisonment was imposed by a majority decision.

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