Police
bid to trap lady lawyer foiled
It was a plan executed with clockwork
precision by some miscreants in the Police Force. They were ready
to take on the entire profession, ridicule and defile it before the
eyes of the public. Some mediamen were behind the police in trying
to slander Ratnapura attorneys, particularly a lady lawyer.
There were
headlines about an alleged robbery and the main suspect being harboured
by the lady lawyer. The claim that a lawyer was protecting a suspect
was indeed newsworthy and could be sold to a scandal hungry public
at large with ease.
After the media
blitz on the lady lawyer became stale, the culprits launched themselves
on another adventure.
E.M. George,
of the Avissawella Bar met the suspect and took instructions from
him as he wanted to surrender him to the Magistrate Court. He came
to meet George with another lawyer from the Ratnapura Bar. The suspect
also brought an affidavit stating that his life was in danger and
feared that he would be tortured and confessions extracted by the
Police.
The only avenue
of liberation open to the suspect was to place his faith in the
administration of justice. His only salvation lay in surrendering
himself to Court and getting himself remanded. On this fateful day
Mr. George after finishing his work in the morning drove the accused
in a hired vehicle to the Ratnapura Magistrate Court. He was armed
with a motion to Court to requesting that the case be called.
Usual procedure
is to file the motion in the morning giving the name of the suspect
to be surrendered in the motion so that it could be properly minuted
by the Court Clerk to be called in open Court. The lawyer was informed
by his colleagues in the Ratnapura Bar that it would be a dangerous
ploy to submit the motion to Court in the morning as then someone
interested in the proceedings would inform the complainant, a powerful
conglomerate, that the suspect is due to be produced in the course
of the day.
But unfortunately
another leading lawyer from the Ratnapura Bar, a former Member of
Parliament for Kalawana, D.M. Seneviratne, had filed a motion to
surrender another suspect to Court. A man who was watching the proceedings
immediately informed the Police and the complainants that there
was a likelihood that the main suspect would be produced in Court.
The Police
waited in ambush till the accused arrived. They saw a van stopping
in front of the Ratnapura Magistrate Court gate. Normally the gate
remains closed to prevent outsiders from bringing their vehicles
to the Court premises. There are two security guards at the gate.
The moment Mr. George beckoned the security guard to open the gate
stating that he was an Attorney-at-Law, the security guards opened
the gate and the driver drove the vehicle in. Then someone appeared
and stood in front of the vehicle preventing it from being driven
to the Court premises. As the driver opened the door to find out
the reason for this unusual intrusion, one of the gangsters opened
the other door of the van and pulled the suspect out of the van
and started assaulting him in the presence of everyone there.
Mr. George
got down and ran towards the Police officers on duty and pleaded
with them to come to his rescue. He stated that his only mission
was to surrender the suspect to Court but the Police officer came
running towards the vehicle and saw another person in civvies joining
the fray and kicking and beating the accused.
The man who
joined in was a well built person who looked liked a Police Officer.
He opened the door and entered the vehicles from the driver's seat
and promptly reversed the vehicle in order to show that the vehicle
was outside the Court premises. Thereafter a brand new Mercedes
Benz car arrived and the person who reversed the car pulled the
suspect into the Benz and drove the suspect to the Ratnapura Police
Station.
Mr. George was
utterly helpless. He ran to the Magistrate's Court and found the
Court adjourned. He then met Acting Magistrate in his chambers with
other members of the Ratnapura Bar. The Magistrate immediately telephoned
the HQI of Ratnapura Police and ordered him to produce the accused
forthwith as he has been abducted from the custody of lawyer E.
M. George. The Police acquiesced, but completely ignoring the directions
of the Magistrate. Later the Police agreed to produce the suspect
at 2 in the afternoon which was also recorded by the Magistrate.
In the mean time the police officers who acted like duty minded
people made notes in the IBs to the effect that they were at various
places including attending a conference at the IGP's office in Colombo.
So a perfect alibi was recorded. Yet they were not sure as to what
kind of turn this episode would take.
The think tank
met at various places including the houses of gem merchants. They
had to find a way out. Already the lady lawyer had been targeted
by them through the media as the person who harboured the suspect.
Her husband was the Leader of the Opposition in the Sabaragamuwa
Provincial Council and had been targeted by some members of the
same political party to which he belongs to discredit him. As this
was a gem robbery several gem merchants formed a cartel to protect
the Police from any action that may be instituted against them.
After the arrest
of the suspect and the recording of his statement and the statement
of his mistress all the gems were recovered. The Police were elated
with the success of their investigations resulting in the recovery
of gems. Then in their excitement they released a press bulletin
and showed the gems over a private TV channel.
To escape any
action being taken for the violation of any court order and the
abduction of a suspect in the Court premises the think tank came
out with an absolute gem of a story. They got the suspect and his
mistress to state under duress and alleged torture that the most
expensive stone in the collection of gems was taken by the lady
lawyer.
This statement
of the suspect was corroborated by his mistress who said that she
heard from the suspect that the gem was taken by the lady lawyer.
This was in spite of the fact that the lady lawyer had taken an
advance of the fee quoted by her from the suspect but refused to
take any further steps until the balance was paid. The balance money
which was agreed upon has been paid.
The statement
of the accused was tendered to Court as a confidential report. The
whole scenario shifted from the abduction which was a contempt of
the Magistrate Court and directly infringed on the rights of the
lawyer to practice his profession, to the lady lawyer.
The media blitz
started again. Once again there were stories of how the gem was
taken by the lady lawyer and that she could be charged in court
making the suspect and his mistress state witnesses.
On the next
date, the case took a dramatic turn when a team of fifteen lawyers
from Colombo Magistrate Court proceeded to Ratnapura and met the
secretary of the Ratnapura Bar and appeared on behalf of the two
lawyers - the complainant and the witness. At that time they were
able to get some information that the Police would complete the
fabrication and seal the fate of the lady lawyer by getting a witness
from Colombo to testify that the gem was sold to him by her and
that the money was given to her husband.
Before they
went to Court police informed Mr. George to come to Court ready
to testify if necessary. The first thing Mr. George noticed was
the man who was seated behind the Bar table in Police uniform was
none other than the man who got into the vehicle and reversed it
and later abducted the suspect from his custody. The counsel who
appeared for the two lawyers made lengthy submissions and the Court
agreed to record the statement of Mr. George and other witnesses
available so that the proceedings could be forwarded to the Court
of Appeal to establish whether there had been a violation of the
Court by the actions of the Police.
It was only
a few months ago that the Mawanella Bar faced a similar situation.
A client of Nimal Jayasinghe, Attorney-at-Law, was abducted from
the Court premises and so far nothing seems to have happened. Even
in that incident there was a contempt of the authority of the Court.
If the Ratnapura incident is taken as a personal problem between
a lawyer and the Police it would pave the way for extremely dangerous
trends. The suspect will readily agree to make confessions to the
Police and declare that the money they pay as fees to a lawyer are
part of the loot and if money could not be recovered the Police
would take household effects and other valuable goods and produce
them in Court as productions. Lawyers practicing in the original
courts would dare not appear on behalf of any suspect before they
are arrested and produced in Court by the Police. Surrendering suspects
to the Police Station, and anticipatory bail would be things confined
to the Statute Book.
By the united
and prompt action taken by the Ratnapura and the Colombo Magistrate
Court Lawyers the reputation and the prestige of the Bar were kept
in tact In this regard a special tribute must be paid to the role
paid by M.A. Justin, Secretary of the Ratnapura Bar. Though he was
just out of hospital he was relentless in the pursuit of justice.
"What can we do" was not the answer. But what can't we
do to fight injustice should be the motto. The two episodes at Mawnella
and Ratnapura involving the police abducting suspects from the custody
of the lawyers were resolved differently. At Ratnapura prestige
and honour of the Bar had remained in tact due to the prompt and
expeditious action taken. But what can we say about Mawanella?
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