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Unfit
drivers main cause of accidents In this backdrop,
the National Transport Medical Institute's Gamini Karunanayake said
that the Ministry of Interior has acceded to a request made by him
to make it compulsory for police to produce drivers before a medical
board immediately after they have been involved in accidents. According to
Dr. Karunanayake the average number of accidents reported each day
in 1997 was five and it has increased to six this year. Hence he
said it is now imperative that preventive measures should be taken
immediately. Dr. Karunanayake
said the NTMI is prepared to conduct the proposed medical examinations
free of charge. He added that even train drivers who have been involved
in accidents should be subject to medical examinations. Statistics
show an increasing trend in the number of accidents, which according
to Dr. Karunanayake is mostly due to human error. "An analysis
has revealed that 80% of accidents were due to human error while
20% were due to mechanical defects." He said that
after an accident, in most instances, the vehicle is examined to
ascertain whether there are mechanical defects while the driver
is not subject to a medical test. Although police
have attributed the chief cause of accidents to negligent driving,
Dr. Karunanayake said the recruitment of drivers with serious ailments
is also a major factor. According to
Dr. Karunanayake the World Health Organisation has recommended that
driving licences should not be issued to anyone who suffers from
45 stipulated ailments. He said that
fatigue is another cause of accidents. Bus drivers often put over
10 hours of continuous driving contrary to WHO-ILO recommendations
which stipulate eight hours of rest before each spell of driving
in addition to half an hour breaks after every four hours of continuous
driving. Stiff competition
between bus operators has also led to accidents. According to Gemunu
Wijeratne, President of the Sri Lanka Private Bus Owners' Association,
finding adequate funds to repay vehicle loans has led to fierce
rivalry on the roads and this has led to a spate of accidents. A study has also revealed that drivers in the age group 35-45 are more accident prone compared to drivers in the age groups 25-35 and 50-60, Dr. Karunanayake said. Alleged
torture victim gets leave to appeal The petition
on behalf of the alleged victim Lalith Rajapakse was filed by his
lawyer W. R. Sanjeewa. The lawyer
said Lalith Rajapakse was taken to hospital in an unconscious state
from the Kandana police station by police officers on April 20,
this year, after being arrested two days earlier and allegedly tortured
on April 18 and 19. The lawyer
alleged Mr. Rajapakse had been kicked on his forehead, beaten with
the wooden handle of an axe and dragged into a jeep. He was then
taken to the Kandana police station and put inside a cell. The victim
was then bathed to make the pain more agonising. On April 20 at
about 10 a.m. the grandfather of Lalith Rajapakse found his grandson
lying on the floor of the cell in the Kandana police station and
he appeared to be dead. He immediately sought the help of a local
politician (Member of Parliament Jayalath Jayawardene) who made
inquiries. When he returned to the police station, was told that
his grandson had been taken to Ragama Hospital. At the hospital,
the grandfather had found Lalith unconscious and lying on a stretcher. The lawyer
said the victim was totally unconscious for 15 days. Later the magistrate had released the victim on bail saying that the original order, made without producing the suspect, was illegal. Editors
hail repeal of defamation law The Guild in
a statement said: The Editors
Guild of Sri Lanka warmly congratulates the Government and Parliament
for the repeal of criminal defamation laws on Tuesday. The recent
campaign for the repeal of this archaic and draconian piece of 18th
century legislation began in 1995 when the then Government used
these laws as a political weapon to suppress the free press by serial
indictments against editors and publishers who were otherwise critical
of the administration. Together with
other fraternal organisations locally viz.the Newspaper Society
of Sri Lanka and the Free Media Movement, and internationally, viz.,
the Commonwealth Press Union, the World Association of Newspapers,
the International Press Institute, the Committee to Protect Journalists,
and Article 19, the Editors Guild has been campaigning for the world-wide
repeal of these laws and the introduction especially in Sri Lanka,
of a liberal media policy aimed at media freedom and social responsibility
as is found in most advanced democracies. Towards this
end, The Guild and other local media organisations have set the
stage for the establishment of a Sri Lanka Press Complaints Commission
that will ensure quick and inexpensive remedial measures and redress
for aggrieved citizens, including public servants and public figures,
for acts of commission and/or omission on the part of the press.
A Code of Professional
Practice (Code of Ethics) is already in place to govern and guide
the practicing journalists in Sri Lanka, who will require to be
answerable to the Press Complaints Commission. The civil laws
of defamation will still be in force, and the courts of law will
continue to hear disputes relating to civil defamation actions.
The Guild and
other fraternal organisations however campaigned to have the laws
of criminal defamation repealed, because of the abuse of the law
enforcement and legal process that it entailed given the partisanship
of the police, certain members of the Attorney General's Department
and some members of the Judiciary who were subjected to favours
such as promotions by the virtual complainants. These laws
attributed unfair motives on editors and publishers, criminalising
journalism, and ensuring penal punishments that included custodial
sentences for essentially civil wrongs. The move to repeal these
un-democratic laws began with a Committee appointed in 1994 by then
Media Minister Dharmasiri Senanayake, which recommended in 1995,
the repeal or the amendment of criminal defamation laws. Mr. Senanayake
was replaced as Media Minister and the recommendations were not
heeded by the then government. This was followed
in 1998 by the appointment of an All-Party Parliamentary Select
Committee to study media law reforms. Despite the then Speaker formally
requesting the then Media Minister Mangala Samaraweera to quicken
the long-drawn out proceedings, no recommendations whatsoever were
made. It was in 2000
that the then Leader of the Opposition Ranil Wickremesinghe together
with Vasudeva Nanayakkara, moved a Statement of Intent in the Legislature
requesting the then Parliament to consider the repeal of these laws.
The Guild wishes to particularly take note of the support given for the repeal of criminal defamation laws by Prime Minister Ranil Wickremesinghe and salutes his government and all Members of Parliament who acted progressively in enhancing press freedom in Sri Lanka by voting for the repeal of this archaic legislation. Cover
up of high flyer's crash? He is said
to have been returning from a discotheque in a five star hotel when
his vehicle had crashed into a vegetable lorry in the Borella police
area. A police vehicle had rushed to the scene and taken the injured
female to hospital. The lorry assistant
had been badly injured and had undergone six hours of surgery at
the Colombo National Hospital. Despite the seriousness of the accident
there has been no proper inquiry. Police sources
say that a wheeler-dealer businessman who boasts of strong connections
with UNF leaders is in the forefront to hush up the matter. He is
said to have approached police officials and several media personnel
in this connection. It is alleged
an Air Force driver had been asked to claim he was at the wheel
at the time of the accident. However he had not sustained any injury.
The car is said to be a total wreck. Until yesterday no official inquiry of any sort had been instituted. There are also allegations that the original police records had been tampered with. Poson
road tax in Mihintale, A'pura The move taken
jointly by the Mihintale Pradeshiya Sabha and the Anuradhapura Municipal
Council is the first time that a fee will be charged from pilgrims.
The scheme will be effective for tomorrow and Tuesday. "A fee
of Rs. 100 from heavy vehicles such as lorries and buses, and Rs.
50 from cars and vans will be charged before permitting vehicles
to enter the city," Anuradhapura Municipal Commissioner, Sarath
Wijeysinghe said. Mihintale Pradeshiya
Sabha officials said that they will charge a sum of Rs. 50 from
heavy vehicles and Rs. 30 from vans and cars. "We don't
receive any assistance from the government for maintenance of sacred
areas. The income of the Pradeshiya Sabha does not exceed a million
rupees. Therefore, such a move is essential," Mihintale PS
officials said. 130 blocks
of temporary toilets (each block with five toilets) and over a hundred
permanent toilets have been built, 27 bowsers of drinking water
and 200 water tanks have been provided for the benefit of the pilgrims,
in addition to other facilities. A total of
20,000 vehicles in Anuradhapura and a similar amount in Mihintale
is expected. Yet, available parking can accommodate only about 10,000
vehicles according to the Municipal Commissioner. He said that
pilgrims on foot will not be charged any fee. Details such
as number plates of vehicles, names of passengers, their National
Identity Card numbers and purpose of visit will also being collected
at the barricades bordering Anuradhapura city. Commissioner Wijesinghe said that they are going ahead with previous security procedures as a routine. A record breaking 2.5 million people are expected to arrive due to the cessation of hostilities. Grills
to whet appetites of MPs' gourmets It is learned
that a group of government legislators have often been requesting
for barbecued food items, Italian omelettes and the like following
the poor quality of the food provided at the members' dining room.
However, with increasing complaints against the kitchen, the authorities have decided to fix the cooking apparatus at high cost to satisfy their gastronomic needs. S
C awards Rs. 30,000 to wronged woman soldier Justice Dr.
Shirani A. Bandaranayake in her judgment (with which Chief Justice
Sarath N. Silva and Justice Ameer Ismail agreed) held that the fundamental
rights of lance corporal W.A.D. Nilusha Hemali guaranteed under
Article 11 of the Constitution had been infringed by executive or
administrative action. Justice Bandaranayake directed the State
to pay the compensation and cost totalling Rs 30,000 to Nilusha
Hemali, who was attached to the 2nd Battalion of Sri Lanka Army
Women's Corps, Anuradhapura, within three months. The FR application
was filed by the mother of the lance corporal. Vavuniya Military Police Commanding Officer Upali Jayanetti, Anuradhapura Women's Corps 2nd Lt. Nilanthi Gunasinghe, Medawachchiya Women's Corps Sergeant Nanthanie Menike, Corporals Weeratunga, Basnayake and Sriyalatha of the Women's Corps and Maj. Gen. K.R. Egodawela, Vavuniya Security Force Commanding Officer Maj. Gen. Sarath Fonseka, the Army Commander and the Attorney General were cited as respondents. Torana
gets another injunction against Bhathiya & Santhush The proprietor
of Torana, Sarath Kotalawela petitioned the Appeal Court seeking
to restrain singers Bhathiya Jayakody and Santhush Weeraman, Maharajah
Entertainment (Pvt) Ltd. and Sony Music Co. of India from producing,
manufacturing, distributing, marketing, selling or advertising for
sale the audio cassettes and compact discs titled "Tharunyaye". In his petition
Mr. Kotalawela has stated that his rights to exclusive production,
manufacturing, marketing, sale and distribution of the songs contained
in their first two cassettes titled "Vasanthaye' and "Life',
produced and launched under the Torana label were violated. "
Oba Ne Ada" was included in a third album produced by M. Entertainment
(Pvt) Ltd. for Sony Music Co., India. M. Ikram Mohamed
PC supported the petition along with Mrs. A.T. Shyama Fernando,
A.M. Faiz and M.S.A. Wadood instructed by A.C. Abdul Latheef. The Commercial
High Court earlier this month dismissed the action filed by the
proprietor of the Torana Music Box, against Bhathiya and Santhush.
Court held that the Commercial High Court has no jurisdiction to entertain the plaint and dismissed the plaintiff's action with costs.
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