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| Signature of a judge who was not present incorporated in the judgment delivered against Fonseka‘s petition!! |
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(Lanka-e-News, July 09, 2010, 6.25PM) In the unanimous judgment delivered by a panel of three judges on the petition filed by Gen. Sarath Fonseka seeking an order from the Appeal Court against the Second military Court conducting the trial, a signature of a judge who was not present on the date of trial has been incorporated in the certified copy of the judgment. It is widely questioned in the legal circles as to how such a serious occurrence creep into a judicial decision.
This petition was taken for hearing on 29th June before a panel of three judges, Sathya Hettige (Chairman), Rohini Marasinghe and Sarath De Abrew.
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Sarath Abrew has not however signed the certified copy of the judgment. In place of his signature, a judge who was not present at the trial, Anil Gunaratne has placed the signature.
When this case was taken for hearing at the initial stages, the judges, Ranjith Silva and Anil Gunaratne who were in the judges panel, withdrew citing personal reasons. At that juncture, Justice Hettige became the chairman of the panel.
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It was Justice Hettige who announced the judgment arrived at by the three judges panel, Sathya Hettige. Rohini Marasinghe and Sarath De Abrew. Justice Hettige who delivered the judgment with the other two judges assenting, stated that the preliminary objections raised against the second military Court have been rejected. Because this petition has been filed after the period has lapsed, it is time barred, it was pointed out.
According to reports reaching Lanka e news, the Attorney at Law, Romesh De Silva who appeared for the petitioner Gen. Fonseka has been summoned by Justice Hettige to meet him in his chambers this morning (9). |
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