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This is an archive article published on May 12, 2010

Fonseka presented in civilian court for ‘inciting unrest’

Detained former army chief Sarath Fonseka was on Wednesday presented for the first time before a civilian court accused of inciting unrest.

Detained former army chief Sarath Fonseka was on Wednesday presented for the first time before a civilian court accused of inciting unrest.

Fonseka,who is in military custody and faces separate court martial charges of dabbling in politics while in uniform and corrupt procurements,was produced before Colombo’s Chief Magistrate Champa Janaki Rajaratne over an interview to a Sri Lankan daily.

According to the daily,Fonseka,before the January 26 presidential elections,had claimed that orders were given by the president’s younger brother to kill the surrendering senior LTTE leaders during the final phase of military operations against the Tamil Tigers.

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The ex-army chief had claimed in the report that the then Defence Secretary Gotabhaya Rajapaksa had ordered the military commanders not to spare any LTTE member surrendering,the media quoted State Counsel as telling the Chief Magistrate on Wednesday.

Fonseka had,subsequently,claimed that the concerned newspaper ‘Sunday Leader’ had quoted him out of context.

Wasantha Bandara,the Deputy Solicitor General,told the court that Gen Fonseka will be indicted under clause 28 and 29 of the Emergency Regulation for creating communal disharmony,media reports said.

The state counsel told the court that Fonseka had made defamatory statements regarding the government,both locally and internationally,and had also attempted to create communal disharmony through his statements.

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He said that they will be filing an indictment over the charges.

Rajaratna observed that if bail is not granted,the normal practise would be to hand over the suspect to the remand prison. However,as Gen Fonseka is a LTTE target,he will be under the custody of the military police,the magistrate said.

Both parties later requested the court to remand the General with the army instead of the prison as his life is in danger.

The chief magistrate ordered the army to provide protection to Fonseka,who won a parliamentary seat in April elections,after placing him under their custody. The judge adjourned the hearing until May 26.

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The lawyer appearing for Fonseka,however,said they will respond once the indictment is filed,the Daily Mirror online reported.

Fonseka’s lawyers said the latest allegation against the former army commander was politically motivated.

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