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However, the court fixed the trial against Fonseka’s son-in-law Dhanuna Thilakaratne who was also charged in the same case to be heard in absentia on May 3.
The High Court Judge made this order consequent to a preliminary objection raised by Sarath Fonseka’s Counsel Saliya Pieris on the indictment filed by the Attorney General on July 9, 2010.
The counsel in his preliminary objection challenged that the prosecution had made use of the same components to indict Sarath Fonseka in the second court martial and in the present case before the Colombo High Court and submitted to dismiss the case as Sarath Fonseka cannot be charged on the same charges twice.
The twenty five page judgment of High Court Judge Sunil Rajapaksa was read over by interpreter Mudliyar S.A.M. Nafli affirming that according to the law and the judicial procedure it is unjust to indict an accused twice on the same charges and acquitted Sarath Fonseka.