Ex-Navy Area Commander’s appeal dismissed

(March 01, Colombo, Sri Lanka Guardian) The Court of Appeal on Thursday dismissed a case filed by former Southern Naval Area Commander Commodore T. M. J. Mendis (now retired) against imposing a loss of seniority from the rank of Commodore by a Court Martial conducted against him for the failure to avert the LTTE attack on the Galle Navy Base in 2006.

On October 18, 2006 the LTTE attacked the Galle harbour causing a death of one and injuries to 15 naval personnel and extensive damages to Naval ships and craft.

Commodore T. M. J. Mendis, who was the Commander Southern Naval Area at that time, was tried by a Naval Court Martial in year 2007 for not taking adequate precautionary measures for the protection of Naval base, ships and craft and personnel from terrorist attack despite the availability of information of such attacks and for not obtaining prior approval of the Commander of the Navy to leave the base where he was ordered to be physically present by the Commander of the Navy due to the possibility of the such an attack.

On conclusion of the trial he was convicted on both the counts and was ordered 10 months forfeiture of seniority.

He appealed against the verdict of the Court Martial by way of a writ application in the Court of Appeal. The application filed by him was dismissed by the Court of Appeal today as he had deliberately concealed from the Court the facts that he had been found guilty and punished by two Court Martials previously and had been issued with five letters of Displeasure/Warning by a few former Navy Commanders for various acts of indiscipline in the past. He had maintained in his affidavits, filed before the Court, that he has had an unblemished and distinctive record of service throughout his career which is a falsehood and as such the Court was of the opinion that he had not come before the Court with clean hands and had attempted to mislead the Court by falsely representing the facts.