Sri Lanka's detained former top general Sarath Fonseka is not inclined to attend the court martial proceedings against him next week, as those conducting the trial were his junior, a political ally said today.
A team of lawyers of Fonseka will attend the court martial proceedings initiated against him, though no decision has been taken whether the former army chief himself will attend the hearing scheduled for March 16 and 17.
"General Fonseka last evening said he is not inclined to attend the court martial as those conducting the proceeding were his juniors," Vijitha Herath, the general secretary of the Fonseka-led Democratic National Alliance, told PTI.
"But a legal team of the former chief of defence staff will soon take a decision on the matter," Herath added.
Fonseka, 59, was arrested by the army last month after he lost a January presidential election to incumbent president Mahinda Rajapaksa.
The court-martial proceedings will begin next week on seven charges, including engaging in politics while in uniform. He has also been accused of plotting against the Rajapaksa government.
Other charges against Fonseka included engaging in politics while in service and procuring arms violating regulations during the Liberation Tigers of Tamil Eelam (LTTE) war that ended in May last year. Legal assistance for Fonseka is being rendered by former chief justice of Supreme Court Sarath N Silva though he may not be a part of his legal team, Herath said.
The legal team of the former army chief, who is the the leader of the JVP dominated DNA, will attend the court martial hearing against him and challenge the legality of the tribunal comprising officers junior in rank to Fonseka, he said.
President Mahinda Rajapaksa, who is also the commander-in-chief of armed forces, yesterday appointed a three-member court martial panel of three major generals to try Fonseka on treason charges. A rear admiral of the Navy will serve as the judge advocate coordinating the legal proceedings.
Meanwhile, JVP leader Anura Kumara Dissanayake told reporters today that there was no provision in the Army Act to court martial General (retd) Fonseka and that such a trial was not legal.
"Fonseka's legal team is working to counter the charges against the General," he said.
Meanwhile, the Sri Lankan news website 'Colombo Page' said the court of appeals is to hear a petition filed by General Fonseka's wife Anoma seeking to produce the detained former military chief in the open court and release him from detention.
The appellate court has directed the registrar to decide on a suitable date for the petition to be taken up in the open court, it said.
Fonseka, who unsuccessfully contested the January 26 presidential polls against Rajapaksa as a candidate of the joint opposition, is being detained at the Naval Headquarters here following his arrest on February 8.
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