UN report triggers postponement of “White Flag” hearing

The Colombo High Court Wednesday allowed an application by the accused Sarath Fonseka, retired Commander of the Sri Lanka Army (SLA), to reconsider his decision to give evidence on behalf of the defense in the controversial “white flag” case due to the current tense situation in the island following the release of a portion of the UN Experts Panel report to the UN Secretary General, legal sources in Colombo said.

Mr. Fonseka has been indicted by the Attorney General for causing disrepute to the Government of Sri Lanka in an interview to the English weekly the Sunday Leader alleging that the Defense Secretary Gotabahaya Rajapakse had ordered the Sri Lanka Army to shoot dead all LTTE cadres who waved white flags to surrender during the last leg of war.

Further hearing was held before a three-member bench of the Colombo High Court comprising Judges Deepali Wijesundera, (President), W.T.M.P.B Warawewa and M.Z.Razeen Wednesday. The defense was scheduled to lead evidence including of the accused Sarath Fonseka.

The Defense Counsel Nalin Ladduwahetty told court that his client Fonseka is prepared to give evidence but due to the current tense situation following the release of a portion of the UN Experts Panel report to the UN Secretary General his client needs time to reconsider his decision to give evidence.

Deputy Solicitor General Buvaneka Aluvihare said he will not object to the defense application if the defense is making a genuine request on taking into account the present state of affairs in Sri Lanka.

Having considered the submissions of the both parties the Court allowed to give time till May 4 for the defense to decide in leading evidence in the case.

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