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Saturday, September 04, 2010    
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Criminal charges pile up against General Fonseka

Criminal cases against Democratic National Alliance (DNA) leader and former Army Commander Gen. (retired) Sarath Fonseka mounted with the filing of yet another case before Colombo High Court yesterday.

An indictment with 21 charges was filed against Gen. Fonseka and his son-in-law who has gone missing since the investigation for cheating public funds during the tender procedure to procure military ware to Sri Lanka Army.

According to the indictment three accused Danuna Tilakarante is charged under Public Property Act for cheating US $ 299061.25 of public funds through the company HiCorp Private Ltd by forwarding forged documents to the Sri Lanka Army while appearing as an agent of British Borneo Defence Company in Australia. The money US $ 299061.25 obtained had been deposited in an account at the Bank of America under the name of Dhanuna Tillekaratne. The alleged financial transaction had been taken place with regard to four tenders relating to procurement of military ware to Sri Lanka Army during the North East war. Gen. Fonseka was charged for aiding and abetting by approving the said tenders as the chairman of the Technical Evaluation Committee. Another accused Wellington De Hoedt, a director of HiCorp Ltd was also charged. The offences were said to have committed from November 2006 to May 31, 2009.

During the investigation the Court also freezed Rs.15 million and US$ 1251 in seven accounts belonged to Danuna Tilakaratne who is absconding.
Meanwhile Gen. Fonseka is to be tried before a trial-at-bar in connection with the ‘white flag’ incident. Last week the Attorney General writing to the Chief Justice had requested to appoint a three-judge bench to try Parliamentarian Sarath Fonseka as the incident had affected the country and has brought international disrepute.

Gen. Fonseka is to be charged over a statement he made during an interview with the Sunday Leader newspaper on December 8, 2009 where he had stated that Defence Secretary Gotabhaya Rajapaksa had instructed the Commander of the 58 Brigade, Brigadier Shavindra Silva to kill all LTTE members who came to surrender with white flags. However when asked as to how Gen. Fonseka came to know this, he had replied that he was told by a reporter attached to the 58th Brigade as told by Brigadier Shavendra. The said story had been published as the lead on Sunday December 13, 2009.

In addition to these two cases, a fresh case against Gen. Fonseka was filed before the Colombo Magistrate Court in connection with harbouring ten army men during the run up to the Presidential election.
In its report the CID named General Fonseka and his private Secretary Senaka Haripriya de Silva for allegedly harbouring Army deserters and complained that the suspects had committed an offence punishable under Sections 128 and 133 of the Penal Code.

Senior state Counsel Damith Totawatte submitted that the investigations conducted by the CID had revealed that the suspects had committed the offence and to remand them as the investigations were in progress. If proved the said Gen. Fonseka is to sentence for maximus of 20 years of jail term.

In addition two cases are pending against Gen. Fonseka at the Court Martial for his alleged involvement in political work while in active service and acting in contravention of military procurement procedure while being the former Army Commander.
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