Court orders Fonseka’s transfer to NHC
Colombo High Court judge Sunil Rajapaksa yesterday ordered the Prison
Commissioner to transfer Sarath Fonseka to the Colombo National Hospital
from the private hospital where he is receiving treatment for security
The judge in his lengthy order stated Fonseka could request Colombo
National Hospital authorities to obtain treatment from his specialist
doctor treating him at the private hospital, Colombo.
The judge observed that considering the submissions made by Senior
State Counsel Damith Totawatta and Fonseka’s Senior Counsel Saliya
Peiris, Fonseka needs maximum security while in hospital.
According to a report submitted to court by Prison Commissioner Asoka
Hapuarachchi, prison authorities are unable to provide maximum security
for Fonseka while at the private hospital.
The judge also observed that according to the submissions before
court there is a threat to Fonseka from the LTTE and other organisations
and that the Colombo National Hospital could provide security for
At the outset, Senior State Counsel Damith Totawatta submitted to
court to transfer Fonseka from the private hospital, for security
reasons to the Colombo National Hospital.
Fonseka’s Senior Counsel Saliya Peiris objected to the application by
the Senior State Counsel to transfer his client to the Colombo National
Hospital for security reasons.
The case against Fonseka, charged before Colombo High Court judge
Sunil Rajapaksa with illegal harbouring of 12 rider-solders after his
retirement was yesterday put off for May 14, 2012.
According to the charge sheet, Fonseka as the Chief of Defence Staff
had no legal rights to use the rider-solders after retirement from
Col Senaka Harippriya de Silva is charged with aiding and abetting
Senior State Counsel Totawatta, State Counsel Riyas Bary with Army
Legal Officer Maj Nuwan Liyanage appeared for the Attorney General.
Senior attorney Saliya Peiris with Rukshan Nanayakkara and Nilanthi
Peiris instructed by Paul Ratnayake Associates appeared for Fonseka.
Senior attorney Upul Jayasuriya with Kelum Kumarasinghe, S Ranasinghe,
Madubashini Ariyadasa appeared for Senaka de Silva.
Further hearing will commence on May 14, 2012.