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Fonseka Arrested By Sri Lankan Army, To Be Court Martialed
[ Updated 09 Feb 2010, 19:36:57 ]
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Sri Lanka's defeated opposition presidential candidate Gen Sarath Fonseka was tonight arrested by the army and will be court martialled for military offences committed while he was in service, a fortnight after he suffered defeat at the hands of incumbent Mahinda Rajapaksa. 

59-year-old Fonseka, the former Army Chief credited with the annihilation of the LTTE, was arrested along with his media secretary Senaka de Silva while on work at their office in the capital.

Defence Spokesman Maj. Gen. Prasad Samarasinghe, who assumed charge today, told PTI that Fonseka was taken into custody by the Army and will "face court martial proceedings for military offences committed during his service."

Director General of the Media Centre for National Security Lakshman Hullugala told state television that Fonseka, a retired four-star general who served the Sri Lankan Army for nearly four decades, will be court martialled. 

In dramatic turn of events, army men surrounded Fonseka's office and arrested him and his aide.  Another aide of the former Army Chief told PTI that "Fonseka and de Silva were told in clear terms to cooperate with the military police".  "I heared one of the officers telling Fonseka that he is being charged for criminal conspiracy," he said.

The moves comes a fortnight after Fonseka suffered defeat at the hands of his former boss and President Mahinda Rajapaksa in the high-stakes presidential elections.


Opposition leaders said the army men "forcibly took away General Fonseka while he was having a discussion with three other senior opposition leaders.  Fonseka's office was cordoned off by heavily armed troops who blocked reporters and photographers from entering the building and taking pictures.  The arrest comes in the wake of reports that Fonseka could face a military court on charges of conspiring to overthrow the government and plotting to kill Rajapaksa.

Sunday Times newspaper had yesterday said that the Rajapaksa-led government, which alleged soon after the presidential poll verdict that the former military chief had plotted to kill the President, has consulted its top legal counsel on trying Fonseka in a court martial. 

The government has sought legal advice on using a military court to fast-track proceedings against Fonseka who led the army in crushing the LTTE, who showed no signs being defeated militarily just three years ago.  Earlier this month, Rajapakse sacked a dozen senior military officers whom the defence ministry said were a "direct threat" to national security. 

The arrest also came hours after Fonseka assured the family members of former armymen, who were either sacked or arrested by the government, that he will stand behind them during troubled times.

Sri Lanka on Tuesday  claimed that charges against defeated opposition presidential candidate Sarath Fonseka were "serious enough" to warrant his arrest, raising a question mark on his participation in the forthcoming Parliamentary elections.
 

"The gravity of his offences will flow from the summary of evidence collected against the former general," senior cabinet minister Keheliya Rambukwella told reporters.  The government's clarifications came as Fonseka's wife Anoma said her husband's whereabouts remained "unknown" and she feared for his safety, a day after he was hauled away from his office by military personnel. 

She accused the government of "abducting" her husband, and issued an appeal for help to trace his whereabouts, charging that the authorities had cut him off from even his family.  Rambukwella said, the Sri Lanka's lone four star general may face court martial for plotting to overthrow President Mahinda Rajapaksa while still serving in the Army.

"Fonseka may face a court martial even though he is not a serving officer," he said.   Rambukwella said the question of Fonseka's participation in the forthcoming Parliamentary elections which are due in April would depend on the election laws of the country. He indicated that Fonseka would have to remain in detention till the questioning process was completed.

The spokesman said that Fonseka had committed an offence of mixing with political leaders while being a member of the Security council of the country which was the highest body that deals with national security.

The council discusses matters relating to the national security, Rambukwella said.   "While he was holding the membership of the security council, he had many connections and links dealing with various political parties and leaders who have been working against the government and that could amount to treason," Rambukwella said.  He said Fonseka had been arrested under "Section 58 (1) of the army act.  The military police last night arrested Sarath Fonseka and took him for questioning," he said, adding further investigation would be carried out to ascertain the charges.

Meanwhile, the military spokesman Maj Gen Prasad Samarasinghe said Fonseka's family had been granted unhindered access to him and that full medical assistance as required has been offered to him.

Fonseka, who was taken into military custody last night on charges of committing alleged fraudulent acts and military offences, has been provided with full security and protection under detention, he claimed.  The military spokesman said that all facilities befitting his senior rank has been given to Fonseka, who was yet to decide on a lawyer to defend him. He said Fonseka's wife has sought access to her husband and the defence authorities are looking into it.

The spokesman said that Fonseka had committed an offence of mixing with political leaders while being a member of the Security council of the country which was the highest body that deals with national security.   The council discusses matters relating to the national security, Rambukwella said. 

"While he was holding the membership of the security council, he had many connections and links dealing with various political parties and leaders who have been working against the government and that could amount to treason," Rambukwella said.  He said Fonseka had been arrested under "Section 58 (1) of the army act.  The military police last night arrested Sarath Fonseka and took him for questioning," he said, adding further investigation would be carried out to ascertain the charges.

Meanwhile, the military spokesman Maj Gen Prasad Samarasinghe said Fonseka's family had been granted unhindered access to him and that full medical assistance as required has been offered to him.

Fonseka, who was taken into military custody last night on charges of committing alleged fraudulent acts and military offences, has been provided with full security and protection under detention, he claimed.  The military spokesman said that all facilities befitting his senior rank has been given to Fonseka, who was yet to decide on a lawyer to defend him. He said Fonseka's wife has sought access to her husband and the defence authorities are looking into it. 

Samarasinghe said, any military official could still be charged for cases even after six months of his retirement and this applied to Fonseka also.  "Summary of evidence that will be collected will be put before army lawyers who after consultation will then forward it to the Attorney General for a final decision on whether it warranted a court martial," he said.

But in an extraordinary step the army issued a statement saying, "any officer/soldier who commits any offence and thereafter ceases to be a person subject to military law may be taken into military custody and kept in military custody. He may then be tried and punished for that offence by a Court Martial under Section 57 of the Army Act."  But the concern for the defeated Presidential candidate grew, as a military official merely said, the former army chief had been moved to an undisclosed military establishment ahead of facing disciplinary action.  Anoma accused the military of using third degree methods to haul up Fonseka, saying he was virtually dragged out by force, even when he was closeted with opposition leader. 

The wife charged that the Rajapaksa government had flouted rules and norms to arrest him by military, saying that the former army chief was a civilian and should have been arrested by a police after a proper warrant.  "Please help me find my husband. I've not heard anything from him. I hope I'm able to hear something from him," a distraught Anoma recounted before newsmen with tears in her eyes.  Amnesty international, the global human rights body has lambasted the Sri Lankan government for the arrest of Fonseka, saying it indicated that "the government's post-election crackdown continues on political opponents." PTI

 
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