Has The Concept Of A Legal Appeal Been Misrepresented By The Court Of Appeal And Misconstrued By The DNA?
Posted on April 5th, 2010

In retrospect By Sarath Kumara
Apr.5th 2010

On the issue of filing an appeal by the Democratic National Alliance (DNA) against legal proceedings does not seem to fit into the legislative infrastructure of Sri Lanka’s Justice System unless there is a proviso for extraneous sources like the DNA to file an appeal against proceedings initiated by the Government against an ex army officer who has breached his code of conduct and has acted in a manner contravening the Penal Code where the Government with all the tangible evidence towards its case has every right to the proceedings and the DNA’s actions deemable as interference with no mandate to do so at the risk of tarnishing its credibilities!

 Hypothetically and as well as a matter for legal interpretation perhaps, it needs to be presumed that the only circumstance where legal proceedings can be dictated to relative to discontinuance has to be on an order from the Crown with approval from the Supreme Court on extremely justifiable grounds and the contempt of a court relative to a court of law held in contempt of laid down dictates rather than a kangaroo court or a disgruntled flybynight political organization in this case the DNA up in arms against a legitimately elected Government!

 It then also becomes ludicrous that the DNA are talking about filing a Contempt of Court Case if the Government action is proceeded with and their leader Retd. Gen. Sarath Fonseka was taken before the second court martial tomorrow and The Court of Appeal negating the second Court Martial as from the inception there have been two Court Martials on different charges where both the Court of Appeals as Well ad the DNA spokesman seem to have their wires crossed as the two proceedeing while being related to the same issue are two different legal proceedings on separate charges.

 It further seems far fetched that the Court of Appeal has ruled in favour of an appeal coming from the DNA as neither is the DNA the Defendent in these cases nor has the appeal come from Ret. Gen. Sarath Fonseka the defendent per se and his legal representation whose only entitlement to appeal should be available after the ruling of the Court Martial / s against him if there is a provision for appeal which there will be in all likelihood.

 Hence the statement made by DNA spokesman Anura Kumara Dissanayake who has told a news conference that the Government could not have the second court martial according to the recent ruling by the Court of Appeal saying that quote “We filed a case in the Court of Appeal against the Court Martial. The Court directed that the status quo should be maintained with regard to the Court Martial against Gen. Fonseka. Then, there cannot be a second court martial against him during this period” which rationally and logically makes no sense as the Court of Appeals relative to Government Action against Gen. Fonseka and Mr Dissanayaka ‘s agitation insisting on the DNA’s entitlements to appeal against the Government appears to be a comedy of errors with no entitlement to even suggest that

“If Gen. Fonseka is taken before it tomorrow, we will definitely file a Contempt of Court case,” where Mr. Dissanayake seems to be somewhat ignorant of the definitive legal implications of the term ‘appeal ‘ as well as being inadvertently misled by the Court of Appeals and probably needs to be enlightened about who has a right to appeal and the relativities involved!

The Status Quo of Both Court Martials should be intact on the basis that they were synonymously filed by the Government and the only appeal entitlements a right of the defendent after sentencing if a guilty verdict transpires!

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