Colombo High Court Judge Sunil Rajapaksha upholding the preliminary objections acquitted and discharged Former Army Commander Sarath Fonseka of all charges and discharged him from proceedings in the Hi Corp case for which he was found guilty by a military court martial earlier.
The defence took up the preliminary objection on the basis Accused Sarath Fonseka had been already tried in the second Army Court Martial
for the similar charges in connection with High Corp incident where he allegedly awarded tenders of the army to a company which his son in
law Danuna Tillakaratne was involved in.
Accordingly the defence marked 214 portions of evidence of 214 witnesses in order to prove that the charges in the Court Martial and
the High Court are similar.
In this case the Attorney General indicted Former Army Commander Sarath Fonseka with charges of cheating and criminal breach of trust in connection with the High Corp incident.
The second Army court martial dated 17 September 17, 2010, found Sarath Fonseka of disgraceful conduct under the section 109 of the Army Act, and sentenced him for two half and years rigorous of imprisonment.
One accused at the outset pleaded guilty to the charges.
Saliya Pieris with Rukshan Nanayakkara appeared for the defence.
Senior State Counsel Damith Totawatte appeared for the Attorney General.
ST
