Only
22 % of criminal cases get a conviction
By Quintus Perera
Panelists - (from left) Chandra Fernando
(senior DIG, Police), Tom Ellawala (head of a Ceylon Chamber
sub-committee on Law and Order), Feizal Samath (moderator)
and Kalinga Indatissa (Secretary, Bar Association) - at The
Sunday Times Business Club hosted by the Trans Asia Hotel
last week. Pic. by Athula Devapriya. |
Among the main
reasons for the breakdown in law and order is that the three main
institutions in Sri Lanka - the parliament, the judiciary and the
Police have failed miserably since independence.
"The concept
of rule of law is one of the fundamental principles, significantly
present in a democracy and guaranteed through the constitution.
But the three institutions that deal with this have failed,"
argued Kalinga Indatissa, Secretary, Bar Association, at the monthly
meeting of The Sunday Times Business Club last week.
He was one of the three eminent panelists asked to discuss "Sri
Lanka's Law and Order situation and its impact on the economy."
It was hosted by the Trans Asia Hotel and co-sponsored by Ceylon
Breweries Ltd.
Indatissa said
that a major setback in this country was the failure of the legislature
to identify national policy in the economy, police and judiciary.
Legislators failed to carry out research when they wanted to pass
a law. Lack of social duties by some lawyers, lack of enthusiasm
of complainants and lack of knowledge from the police contributed
to criminals being freed in court (due to lack of evidence). "If
criminals retain good lawyers, they can escape punishment,"
he noted.
With normal
law became the exception and the country being ruled under emergency
regulations for many years, police became ignorant of their normal
duties, mainly the public relations aspect, as they were involved
in protecting border villages and VIPs. He also blamed the media
for distorting the news and being partly responsible for the situation,
saying it was important to report facts and present the truth.
Indatissa said
that civil society made the fundamental mistake of leaving the decisions
of national importance in the hands of politicians who got a blurred
vision of what was happening. He urged the business community to
play a bigger role.
"How many of us would stop on the road if a person is knocked
down by another vehicle? This is the extent to which there has been
an erosion of human values. Civil society is lethargic," he
pointed out.
Tom Ellawala,
Chairman C.W. Mackie and head of a Ceylon chamber sub-committee
on Law and Order, spelled out the work they were involved in at
the chamber and the attempts made to defuse the impact on business.
The main cause for rising crimes was the free use of illegal firearms
and lawlessness in industrial establishments with politicized trade
union activities.
He said armed
forces deserters committed most of the crimes. Chandra Fernando,
senior DIG (Research and Planning) Police, said that the free use
ofillegal firearms was due to the civil unrest that prevailed in
the country for the last 25 years and accepted that a majority of
the violent crimes were committed by army deserters who number 53,000.
He said that according to an analysis of statistics there appeared
to be no increase in the crime rate, but he didn't discount the
possibility of a rising number of "dark figures" - crimes
not reported to the police.
He said it was
the responsibility of civil society to report crimes and these complaints
should be carried through in court. He said that when the risk is
more, the crimes are low and taking this into consideration, police
have increased patrolling and requested local authorities to minimize
the "environmental" opportunities such as darkness by
lighting the roads, etc.
Fernando said
that out of the number of crimes reported only 22 percent got a
conviction in court while others were either withdrawn, settled
or just went by as concerned parties lost interest due to long delays
in the legal process, lawyers getting postponements and police accused
of fabricating evidence.
He accepted
that the police were not doing their duties as they have been acting
under Emergency Regulations for the last 2 ½ decades. Independence
was important to do their duty properly, he noted, adding that he
expected the Police Commission to ensure this much needed independence.
Police have
drawn up an action plan to restore the lost public image and confidence
and are developing model police stations at Narahenpita and Kirillapone
where people are provided with hotlines to contact them round the
clock, 24 hours a day. Fernando said that information on the hotlines
would be advertised shortly in the form of posters in and around
the area.
Blaming each
other - lawyers blaming police and police blaming everybody - was
apparent from the discussion and comments from the audience. Moderating
the discussion, Feizal Samath, Business Editor, The Sunday Times
noted that this country would be a brighter place if the "blame
game" was stopped and all sections of society worked together
to address the most critical issues in Sri Lanka.
Cargills
show healthy profits, turnover
Cargills, the Colombo group involved in supermarkets, ice cream
and the KFC chain, has reported healthy growth in the nine months
to December 2002, with turnover from supermarkets and restaurants
up by 29 percent and pre-tax profits rising by 59 percent.
"In the
processed meat operation, our strategy of high quality and affordable
price has helped boost volumes two-fold over the previous year,"
the company said in a statement to shareholders.
The launch of
Cargills Magic Dairy ice cream helped to grow the ice cream industry
and wrested market share from the competition. During the period
under review, Cargills invested Rs 220 million capital assets including
the expansion of the Food City and the acquisition of the Bairaha
supermarket chain.
Further strategic
investments - 100 percent stake in CPC Agrifoods Ltd and CPC Lanka
from Unilever and buying back the 26.3 percent stake held by Lanka
Ventures Ltd in a subsidiary which manages the KFC restaurants -
have made the group a strong contender in the food and beverage
industry, the statement said adding that the board of directors
expect significant returns from these investments.
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