Sunday Times 2
British couple nabbed for illicit removal of wrecks: Who freed the culprits?
This is the third in a series of articles by retired SSP Tassie Seneviratne on ‘Grave miscarriages of justice at the hands of Police Chiefs
In 1982, when I was ASP Trincomalee, I was invited to by the then National Aquatic Resources Agency (NARA) Chairman, Dr. Hiran Jayewardene, to be an honorary representative of NARA. I accepted the offer with the Inspector General’s approval.
In May 1983, I had information about a British couple engaging in illicit removal of wrecks around the coast of Sri Lanka. Sri Lanka has been the epicenter of shipping in the Indian Ocean, from ancient times. Ship-wrecks of archaeological interest abound in our waters.
Surveillance was mounted on this couple who were staying at Orr’s Hill Road in Trincomalee, and it was observed that they were salvaging artifacts and collecting them at their premises. Further information was received that the then Trade and Shipping Minister had given his blessings to them and also that officials of the British High Commission had connections in this venture.
Under these circumstances, I worked in concurrence with the Director of Merchant Shipping, the NARA Chairman, the Attorney General, the Principal Collector of Customs and the Trincomalee Government Agent.
On May 7, 1983, I obtained warrants to search the couple’s Orr’s Hill Road premises in and a temporary residence at Indibindibedde Road in Moratuwa. At the Orr’s Hill premises, I recovered a large amount of artifacts removed from shipwrecks, particularly artifacts identified as from the ‘Orient’, a French man-of-war. Rreference to this shipwreck is available in the ‘History of the French Navy’, by E. H. Jenkins under the heading –‘Loss of the Orient’ (with 74 guns) and the ‘Bizarre’ (with 64 guns). Historical references to these were also recovered. With evidence of Illegal activities by this couple on wrecks round the coast of Sri Lanka, a multimillion dollar racket was bared.
The fact that even hull sheaths had been salvaged was evidence enough of their plans to salvage the entire shipwreck. Incriminating documents relating to removal of and smuggling out artifacts (antiques) were taken to custody along with the British couple, James S. Laurance and Andrea Cordani. They were produced in the Trincomalee Magistrate’s Court and remanded, pending completion of investigations.
A further search had to be carried out at their temporary residence in Moratuwa. This had to be done without giving the collaborators an opportunity to remove incriminating evidence. I contacted S/DIG Ranges, Ernest Perera (EP), by telephone and explained the circumstances and importance of the investigation. I requested him to place a guard at the Moratuwa premises till my arrival with the search warrant. EP, considering the importance and confidentiality, had handpicked ASP Panadura, R. N. Benjamin, and instructed him to place a guard at the Moratuwa house. But before I could reach Moratuwa, I was informed by EP: “My order had been countermanded by the IGP and the police guard withdrawn.”
There was more to the background of this episode. The British couple had first approached Cedric Martenstyn, an expert in marine affairs and diving, and started a joint diving enterprise for tourists. When discussing finer points, it had been revealed that the couple was really interested in marine salvaging. Cedric being a stickler for the law had explained the legal ramifications in diving on and salvaging wrecks. The couple had shown an interest to bypass the law, and finding Cedric to be a stumbling block, the enterprise had fallen through.
The couple had then joined another Diving and Marine Salvage entrepreneur, allegedly with the blessings of the Shipping Minister. It was during this joint enterprise that my detection took place. The entreprenuer claimed he had obtained approval from the minister.
While I was out on further investigations following the detection, the miniser tried to contact me several times on the telephone. I avoided taking the call or returning it, because I knew why he was calling. Later, I obtained a letter from the Director Merchant-Shipping and Receiver of Wrecks, making a water-tight case. The letter is reproduced:
Ministry of Trade and Shipping
Rakshana Mandiraya,
21, Vauxhall Street
Colombo 2
My No. 5 – 2/008 Your No.
P O Box 560, Tele: 35601 – 4
6- 5-1983
Deputy Solicitor General
Colombo
Illicit Removal of Wrecks
I am informed that some unauthorised persons have begun to remove wrecks lying off the coast of Trincomalee. As you are no doubt aware, approval has to be given by me or by the GA concerned in his capacity as a Receiver of Wrecks for any person to remove any wreck or part thereof. It is considered very essential to ensure that no unauthorised person removes any wrecks since certain wrecked vessels provide ideal breeding ground for fish and other forms of marine life, while wrecks which are over 75 years old have very high antique value.
I also understand that the Trincomalee Police which suspect that several persons are engaged in the removal of wrecks without any authority need the assistance of a State Counsel, in order to advise them on measures to be taken to apprehend those who are operating in an illegal manner.
I shall therefore, be most grateful if you would kindly give assistance to the Trincomalee Police and the GA Trincomalee.
Please also see copy of a letter addressed to GA Trincomalee for your information.
W. D. Soysa
Director of Merchant Shipping
Cc: 1. GA, Trincomalee
2. ASP Trincomalee &
3. Chairman NARA
The above letter makes it clear that the Shipping Minister had no authority to approve salvaging of wrecks, and in effect became an accomplice to the offence.
Then strange and curious developments began to take place. On May 9, 1983, the IGP ordered the CID to take over the investigation from me. On May 12, 1983, a bail application was filed by the suspects. With the CID not objecting, the suspects were released on bail. Subsequently the case was withdrawn.
A conviction and sentence in this multimillion dollar racket would have been a land-mark case, especially as it involved a Cabinet Minister and officials of the British High Commission. But alas! It was not to be. The IGP, preferring to please a powerful yet implicated politician, without deference to the law, intervened to free the culprits.
(seneviratnetz@gmail.com)