HC decision on ‘White flag’ video evidence postponed
December 1, 2010 11:49 am
The Colombo High Court today postponed the decision on whether the video evidence of Sarath Fonseka’s speech in Ratnapura can be accepted as evidence in case against him regarding the White Flag statement to December 8.
The Chairman Judge of the three Member Bench, Deepali Wijesundera said that the third judge of the Bench was sick and accordingly the decision was postponed.
The Colombo High Court on November 24 had ordered TV Derana to produce the raw footage of the speech of the then Presidential Candidate Sarath Fonseka made at a rally in Rathnapura.
TV Derana on November 29 informed the court that the raw footage of the speech was unavailable.
In response the defense attorney made an objection stating that without the raw footage, the video could not be classified as evidence.
However the Deputy Solicitor General, appearing on behalf of the government said that there were legal provisions to include such videos.
Taking the information into consideration the three member judge panel headed by Deepali Wijesundara stated that it would decide on December 01 whether the edited video evidence of Sarath Fonseka’s speech can be accepted as evidence in the case.
At the hearing Defense Counsel Nalin Ladduwahetti pointed out that similar to the Abdul Cadar case, the ‘White flag’ case too doesn’t have the original evidence, therefore the evidence cannot be taken on the edited copies of the video recordings. The Judge then asked the Defence Council to submit the statement in writing.
Hence the case will be against heard on December 8.
The Chairman Judge of the three Member Bench, Deepali Wijesundera said that the third judge of the Bench was sick and accordingly the decision was postponed.
The Colombo High Court on November 24 had ordered TV Derana to produce the raw footage of the speech of the then Presidential Candidate Sarath Fonseka made at a rally in Rathnapura.
TV Derana on November 29 informed the court that the raw footage of the speech was unavailable.
In response the defense attorney made an objection stating that without the raw footage, the video could not be classified as evidence.
However the Deputy Solicitor General, appearing on behalf of the government said that there were legal provisions to include such videos.
Taking the information into consideration the three member judge panel headed by Deepali Wijesundara stated that it would decide on December 01 whether the edited video evidence of Sarath Fonseka’s speech can be accepted as evidence in the case.
At the hearing Defense Counsel Nalin Ladduwahetti pointed out that similar to the Abdul Cadar case, the ‘White flag’ case too doesn’t have the original evidence, therefore the evidence cannot be taken on the edited copies of the video recordings. The Judge then asked the Defence Council to submit the statement in writing.
Hence the case will be against heard on December 8.
