(Lanka-e-News -22.Nov.2011, 7.30PM) A dissenting judgment in a court is delivered only after the full bench judgment is announced in accordance with hallowed traditions and established practices of the court. But , by obstructing Waruwawa the dissenting judge from announcing his view, the court in Fonseka’s case had acted in the most high handed manner and obnoxiously disregarding the lofty judicial traditions and processes. On top of this , his computer had been put out of commission. The opposition leader Ranil Wickremesinghe stated the foregoing facts when addressing a meeting at Dematgoda junction on the 20th to enlighten the public .Wickremesinghe speaking further said , as the Parliament has the power over the Judiciary , ‘we shall be raising this issue in Parliament’. Why is former Army Commander Sarath Fonseka incarcerated?, we are questioning. The bottom line is , he is imprisoned on Fredrica Janz’s evidence. During the period of the Presidential elections , when Janz distorted a statement made by me and published it , she was asked to rectify her mistake . Yet she did not do it.
Justice Waruwawa had made a correct assessment on witness Fredrica’s evidence. This is it ….….
The prosecution has depended upon the article 1 (prosecution) written by the witness to prove this case. ‘ Based on the above reasons the witness in her evidence had from time to time made contradictions and lied deliberately; and by publishing the controversial article she had caused the court to disbelieve her and confirmed that she is not a reliable witness. The evidence is certainly clouded by doubts.
The Sunday leader owner who was the main witness being not summoned to confirm what was stated in article 1 (prosecution) .Failure to take along the voice recorder ; later declaring that Derana channel is in possession of a voice tape ; the article that appeared in Daily mirror dated 21 st May 2009 , and the evidence given that the accused in this case quoted this article with omissions are all not acceptable as truthful evidence of the witness under any circumstance.
The false statement orally or otherwise allegedly made by the accused which instilled or attempted to instill panic /fear among the public or caused the public to rebel or subvert authority as contained in articles marked 1 and 2 have been written founded on other reasons .
The false statement orally or otherwise allegedly made by the accused which instilled or attempted to instill panic /fear among the public or caused the public to rebel or subvert authority as contained in articles marked 1 and 2 have been written founded on other reasons .
Hence , the answers to the questions whether the accused made this statement with the intent or not of causing rebellion and panic among public is only to be based on the evidence of the unreliable witness Fredrica Janz and the ‘Sunday leader’ owner Lal Wickremetunge. Justice Waruwawa had made his dissenting judgment after a thorough evaluation on these grounds, Ranil pinpointed .
Until Gen. Fonseka is freed we shall continue with this campaign . The more cases are filed against him the more vehement and vicious our protests will grow .We shall launch this campaign within Sri Lanka and globally , Ranil asserted.
Until Gen. Fonseka is freed we shall continue with this campaign . The more cases are filed against him the more vehement and vicious our protests will grow .We shall launch this campaign within Sri Lanka and globally , Ranil asserted.
