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Archive of entries posted on 26th February 2010

The case against military justice for Sarath Fonseka

by D.B.S. Jeyaraj

It is not merely of some importance but is of fundamental importance, that justice should not only be done, but should manifestly and undoubtedly be seen to be done.” - Lord Chief Justice Hewart in Rex vs Sussex Justices Ex parte Macarthy

The above mentioned observation by British Lord Chief Justice Hewart has become famous over the years as an aphorism espousing and emphasising the importance of appearance in meting out justice.It is not only important to ensure justice but equally necessary to demonstrate clearly that Justice appears to have been done.

“A Salute to the Nation” posters of the Common Opposition Presidential Candidate General Sarath Fonseka are posted in Mannar Island, North Western Province of Sri Lanka -Pic: humanityAshore flickr

When I began writing this article on Thursday February 25th my intention was to argue that retired four star General and defeated Presidential elections candidate Sarath Fonseka should not be court-martialled by a military tribunal.