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Presenter : In Sri Lanka, critics of the Court Martialling of General Fonseka argued that
its politically motivated and even if he has to face prosecution, it should not be done in a Military Court, he should face a civilian judge. The General is the former Army Chief of staff who was hailed as a hero for defeating the Tamil tigers, but he crushed President Rajapaksa by
running against him for the Presidency, he lost though and now faces charges for medalling in politics whilst still a serving officer and breaking Military procurement rules. Is this though just an example of rather crude victors’ justice. The Sri Lankan High Commissioner in London
Nihal Jayasinghe joins us now. So, is this politically motivated court martialling?
HE the High Commissioner : That’s what you say?
Presenter : No it is not what I say. It is what the critics of the process say.
HE the High Commissioner : It is not politically motivated because the allegations against General Sarath Fonseka was known even before the elections. The President waited till after the elections are over to institute an inquiry and frame charges if there is evidence.
Presenter : Even if he is sued on victor’s justice in the sense that because if General Fonseka won the elections, would he then been immuned from the prosecution.
HE the High Commissioner : Yes, if he had won, he would have been immuned from prosecution. The constitution of Sri Lanka provides that.
Presenter : Is that not damaging for President Rajapaksa in the sense that it seems extremely convenient that a legal process should be started against somebody who is a political foe and who would continue to be a political foe? In that it’s known that General Fonseka
wanted and still wants to stand and have representations in the parliamentary elections due next month?
HE the High Commissioner : You know that in our part of the world as at least in my country, as much as it is here, the law is no respecter of persons. Merely because he was your advisory at the election, that doesn’t mean that he is immuned from any investigation. The
government thought it appropriate to consider the allegations against him and then institute a Court Martial. So that’s the way it is and it is perfectly legal and if somebody is to question the legality of the process, they are free to go to Court. They have in fact challenged the
Constitution of the Court Martial in the Supreme Court. There is an application for habeas corpus pending in the Court of Appeal. So there is a very transparent and vibrant judicial process in motion right now.
Presenter : Right, those processes are still to unfold though and of course in the nature of these things, there is nothing going to be resolved before the general election or the parliamentary elections. In other words, conveniently for the President and his party, General
Fonseka is going to be locked up until after the elections?
HE the High Commissioner : No there is nothing to prevent General Fonseka tendering his nomination. In fact he has tendered his nomination. The government could have obstructed that. The Government did not obstruct.
Presenter : So it need not. He is behind bars.
HE the High Commissioner : The fact that he is behind bars doesn’t mean anything that’s his voice is heard, his voice is being carried by his wife, by his supporters and this is not the first time it happened, it has happened in other parts of the world. When somebody is
suspected of any intransigence, then the due process of the law must take its course and the fact that he is standing in for election doesn’t prevent the administration from turning a blind eye.
Presenter : Okay, the legal process has to be unfold and today it has begun today. Nihal Jayasinghe, High Commissioner thanks for joining us. (ENDS)
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