News
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Moral
values a bulwark against crime The law enforcement officers, legal fraternity, criminologists, sociologists etc., are also mindful and concerned about this “Crime Episode” not only because of the crime statistics showing an alarming rate of increase in grave crimes but also the psychologically devastating effect it has on society. As people are disgusted and have formed the view that nothing can be done about it are either indifferent or just take it for granted. Crime
statistics Table
1 gives statistics of murder cases tatistics relating to rape and sexual exploitation of children; for the year 2004, the cases reported stood at 1802 and the number solved was 1602 leaving 200 unsolved cases. For the 1st half of 2005 the number reported was 963 and 863 had been solved. Only 100 cases remain unsolved. Another development in the crime Scenario are the criminal gangs operating with impunity and holding citizens to ransom. There is a marked increase in robbery of motor vehicles over the years. It is said that most of these vehicles find their way to “un-cleared areas”. Table
2 gives statistics of robbery cases The
Crime statistics clearly depict the gravity of the situation. Unfortunately
the writer could not obtain information on drug offences and offences
relating to financial crimes and money laundering. crime statistics
are referred to as “dark figures”. Hence it is difficult
to show the exact ‘Crime Picture’. Emergence
of a ‘gun culture’ The terrorist regime rooted in the un cleared areas in the North and East, influx of Amy deserters, established crime gangs are some of the factors attributed to the emergence of a “gun culture” in Sri Lanka. Three decades back when heinous crimes were little heard of, the modus operandi in committing murder was by using weapons such as manna knife, kris knife, sword, rod or a pole and locally made gun (galkatas). Exceptions to the offence of Murder set out in Section 294 of the Penal Code have been crafted to cater to situations associated with committing murder using such weapons. In view of the new trend these provisions in the Penal Code would now become obsolete. Contract
killer The motive was to prevent the deceased from giving evidence against the 1st Accused in a Customs Inquiry. It was established at the trial that bullets were fired from a weapon, which emitted bullets with a spinning effect. Owing to the ingenuity of the Police Investigators the culprits were rounded up and brought before court and were convicted. In this type of contract murders the criminals employed are risk takers who are attracted by ‘big money’ offered to them. Both the “mastermind” and the “Killers” take the risk because of the probability of being caught and convicted is low. Most of these killers have expertise in handling firearms. They never miss the target. Hence there would be no surviving victim to tell the story. Majority of these crimes take place in broad daylight. Even if there are eyewitnesses they are reluctant to come forward for fear of being gunned down. Thus a ‘fear psychosis’ has crept in, crippling the investigative process. It is necessary to overcome this fetter in crime investigation. Informants and eye witnesses have to be protected and given security. It may be necessary to evolve a method to keep the witnesses out of sight of the Accused while giving evidence.Getaway vehicles and cell-phones Another factor that catches the eye of the Crime Investigator is that in a majority of crimes a get away vehicle is being used, e.g., motor cycle, three-wheeler or motor car using bogus numbers and as these are planned murders the culprit easily finds a hideout in the vicinity. It is a known fact that recently a vehicle belonging to a foreign Embassy was robbed at gunpoint, in broad day light, opposite a Tourist Board Restaurant at Warakapola, the vehicle was never traced. It is said that it found its way ‘safely’ to the “uncontrolled area” in Wanni. Using
mobile phones in planning crimes and executing the crime plan is
also a recent development to be mindful of. In the High Court Judge
Sarath Ambepitiya Murder Case it was said in evidence the first
accused who was the mastermind and the “hired assassins”
who were the other accused in the case, had been using mobile phones
in planning and executing the murder plan. A
reputed ‘Crime Boss’ or a ‘Professional Criminal’
who has earned a big fortune through crime becomes sort of a ‘role
model’ for a young offender or would be offender. To achieve
success in any crime prevention plan it is necessary to obtain statistics
of the age composition of crime doers in order to identify the vulnerable
age groups and also “Crime Cells” in and around Colombo. Accident
cases The offender is punished with imprisonment of either description for a term, which may extend to five years or with fine or both. The legislature needs decide whether to enhance the punishments in the light of the high rate of road accidents. In exceptional cases where the facts permit these “killers” should be charged with committing murder under section 296 of the Penal Code. The presumption that a man is usually able to see the natural consequences of his acts can be applied. Director of Prosecution v. Smith (1961) A. C. 290. Need
for a crime control mechanism Regular television programmes conducted by Police and the Attorney General’s Department to educate the viewers in “keeping out of crime’s way” would be very useful. To curb offences relating to drug abuse, emphasis has to be laid on preventive education and public awareness. In this regard role of the Mass Media cannot be ignored. Special attention needs to be given in respect of treatment, rehabilitation and after care. If these areas could be handled effectively there will be a reduction in offences relating to drug trafficking, sale, storing and manufacture. The Police Narcotics Bureau should be streamlined with more expertise and training. Since “Big Money” is involved in the “Drug Trade”, the Police complain that their work is being hampered due to intervention by “Hidden hands”. The
Police The law relating to double jeopardy, i.e., protection against being tried twice for the same offence need to be amended, thereby enabling the prosecutor to charge a person already acquitted for want of evidence, if and when fresh evidence against the person has been unearthed. This is necessary because even hardcore criminals get away scot-free for want of evidence at that stage of the trial. Punishment A serious Crime must be answered with a serious punishment. A person who willingly or knowingly takes away the life of another forfeits his right to life. Having the capital punishment in the Statute Book and the death sentence by the High Court will not deter crime unless it is implemented. It must be mentioned here that the President appoints a date and time and place for the execution of the Death Sentence only after a recommendation from both the Trial Judge and the Attorney General that the sentence of death should be carried out in terms of Section 286 of the Code of Criminal Procedure Act No. 15 of 1979. It is heartening to see that the Attorney General’s Department, the State Prosecutor, is making headway to evolve a swift prosecution of the offender in grave crimes. In terms of the provisions of Criminal Procedure (Special Provisions) Act No. 15 of 2005, the Attorney General has power to indict directly without proceeding with the non-summary inquiry in respect of specified offences. It seems that for the year 2005 the Department has cleared 8,200 criminal trials as against 6,700 new files opened up for the same period. The Department has set up a non-summary unit to handle grave offences. To carry out his duties efficiently the State Prosecutor requires the assistance of the Government Analyst and Judicial Medical Officer. The Judiciary is dedicated to clear the backlog and cut down the delay without sacrificing quality. To achieve this each Judicial Officer will put his competence and capability to its maximum utilization. In this regard a harmonious relationship between the Bench and Bar is a pre-requisite. It requires a constant realization on both sides that both are institutions essential to the administration of justice. The author is the Deputy Director of the Sri Lanka Judges Institute and a retired Supreme Court Judge |
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