No more double trials: legal reforms to tackle crime

Non-summary proceedings will be restricted to key witnesses and other urgent legal reforms will be introduced in a fresh bid to tackle the rising crime wave, Justice Minister G.L. Pieris told a news conference.

Flanked by the Police chief Lucky Kodituwakku and Attorney General Sarath Silva, Prof. Peiris said the remedial measures would include scientific and sophisticated methods of tackling crime in addition to the reintroduction of the police beat and mobile patrols.

The Attorney General pointed out that while hundreds of cases were stuck in courts for years, the Krishanthy Kumarasamy and other widely-publicised cases had been handled expeditiously through processes such as a trial at bar.

Excerpts from the news conference.

Q. Do you propose to do away with non-summary proceedings?

Minister Peiris: No, not entirely. We are proposing to simplify it and have only a few key witnesses to give evidence to enable the Magistrate to decide whether there is a prima facie case to warrant committal before High Court. That is all.

What happens today is there are two trials. The Magistrate conducts a trial, after that the matter goes to the High Court for a second trial. That was never the intention of the law. For example, the Trima Vitharane case, that is a student killed in the University of Colombo when I was the Vice-Chancellor. He was a medical student who was brutally killed. The non-summary proceedings in the Trima Vitharane case went on for nine years, when the law requires, in black and white that the non-summary proceedings should be completed within two months. That is a totally ridiculous state of affairs.

The Magistrate's job is to examine a few witnesses and to see whether there is justification for a High Court trial to be held. Anything more than that is a violation of the letter and the spirit of the law. It is that situation that we are looking into. But we will not be abolishing non summary proceedings entirely.

Q: It is said that most of the police stations at Wayamba are in the hands of the area's tough politicians. Don't you think that politicians sometimes use them to take revenge on their political opponents?

Minister Peiris: No, I don't think so. Government politicians also have complained against police action or inaction. So it is not correct to say government politicians are controlling the police.

Q: What we are trying to say is that in general there is a nexus between police and politicians.

Minister Peiris: I am not denying the existence of a problem of politics and police. But it is not peculiar to Sri Lanka. I can assure you there is a strong political commitment at the very apex of the government to eradicate pressures of that kind. Because we want the police to be effective. That is the essence of law and order.

As Police chief Lucky Kodituwakku said, Parliament can pass laws, but the effectiveness of those laws will depend on police action. Now surely it is in the interests of the government to ensure that the law is effective, rather than impotent. And it is certainly contrary to the vital political interests of the government to act in a situation in which there is a palpable breakdown of law and order.

Therefore at the highest level of government there is strong resolve to enable the police to set about their duties without hindrance or intervention by politicians of any complexion, green, blue or red.

IGP: Just before the election, the President called all DIGs and told them the police must act impartially. She told them they could arrest her if they found her doing the wrong thing.

So we cannot generalise an isolated case. There may be one or two cases of political interference but it is not a general thing. And I must say after I took over there has been no political interference in my work. This is so even for the DIGs. If somebody tries to interfere, they should say no.

Q: You referred to what the President told the DIGs. Is that not an indictment? Instead of the President having to tell it, shouldn't it have been you who should give those orders or that shelling to the DIGs?

IGP: It was not a shelling. She is the minister in charge of the police.

Q: That's my point. The minister in charge has to give your officials special instructions. But why should they need special instructions. They should be doing their job.

IGP: Not that we have not told them. It was done to impress it upon them. I have told it an umpteen number of times, because almost every week there was a conference on the elections. In addition to that I also thought it was good for the DIGs to be addressed by our minister. I requested her to do so.

Q: What about Wayamba. Did the Police come out clean?

IGP: Perhaps, this is not the time and place to talk about Wayamba.

Q: Why? You say there was no pressure from the time you took over. But Wayamba happened when you were the IGP. I can understand if you say the situation has improved but to say there were no incidents is questionable

IGP: No, I never said that.

Q: But did the police come out clean at Wayamba?

IGP: If there was any mistake, then it is the duty of the head to see that it is set aright.

Q: Now you say legislation is in place to deal with the problem, but the problem is in implementing it. Is there going to be any increase in the number of police officers? How are you going to set about dealing with the lack of resources? What effective steps can you take to implement what you just said?

Minister Peiris: I agree that even the laws that are in place are not being implemented. One remedial measure is to increase the police strength, but we will need extra budgetary allocation for it. We also want to increase police efficiency and help bring about more public cooperation in investigation. We hope to do that through the appointment of committees comprising police and peoples representatives. We also hope to send police officers to schools to make the children aware of their rights and responsibilities in society.

Q: Regarding implementing the law, the police are already stretched in the North and East and the IGP is talking about having a receptionist to welcome people who come to make complaints. Nowadays when you walk into a police station there is no one to take down your complaint. Obviously there are problems of manpower.

How are you going to deal with that? I'm not talking about just ensuring that there are policemen on the road. I'm talking about restoring the beat system, mobile patrols. These are all very nice to say, but how are you going to actually implement it?

Minister Peiris: Problems of man-power are only one part of the problem. The South African Minister of Justice recently told me about the situation of breakdown of law and order in South Africa, particularly in regard to car thefts, in the urban areas. Their experience is that it does not help merely to increase the numbers, but you have to introduce more sophisticated methods. More scientific methods with dealing with problems and greater and more sophisticated training of the relevant personnel. Simply increasing the numbers alone will not be a sufficient response to the problem. Certainly we will be discussing that with the government to find ways and means of providing sufficient financial support and to provide a larger number of personnel, but if we rest content with that, I don't think it will be enough. There are other things that have to be done.

Q: With regard to the public image of the police, now in the Hokandara case, the police are saying they did not have the co-operation of the public. But isn't it rather that the public don't want to have anything to do with the police because of the fear of harassment they might have to go through?

Minister Peiris: In relation to the Hokandara case, it was not a question that the witnesses would be harassed by the police. That was not the fear. The problem was the fear of the offenders, who had terrorised the area and no one wanted to go there to incur the wrath of the offenders.

Catholic Church reiterates its stand on Madhu

By Shelani de Silva

Amidst growing controversy over liberated Madhu area, Catholic Bishops are scheduled to meet next week, to discuss the Army's presence, and urge the Government to withdraw the troops.

Bishop Malcom Ranjith told The Sunday Times that the Catholic Church has reiterated its stand that Madhu is a holy place and troops should be unarmed.

"This has been our stand, be it the LTTE or the Army.

"We have told this to the President who has promised the matter would be resolved," he said.

Meanwhile Parliamentary Affairs Minister Jeyaraj Fernadopulle said if the Army is removed,police would be deployed and civil administration would begin.

Mannar Bishop Raiyappu Joseph had complained to Bishop Oswald Gomes that the troops were making preparations to hold a New Year celebration in the church premises even unloading liquor in the premises.

"We will not entertain such things at this shrine," he said.

The Bishop added that as a protest the Diocese had begun a silent protest, specially in prayer, every Friday and will continue it until troops are withdrawn.

Second mass grave

Experts summoned

By Chris Kamalendran

A Jaffna Magistrate has summoned forensic and soil experts along with a Government Analyst for a specialised probe on the second suspected mass grave in Jaffna near the Duraiappa Stadium.

At a preliminary inquiry on Friday, Magistrate A. E. Ekanathan ordered that all arrangement be made for an excavation on May 15.

Up to Friday evening at least 25 skeletal remains including those believed to be of two children and a female were found amidst suspicion that more bodies might have been buried there. Among the items recovered from the suspected mass grave site were a copper bangle and a bangle worn by a small child. A group of municipal workers had stumbled upon it when digging pits for constructing toilets for the stadium.

Reports from Jaffna said the Judicial Medical officer S. V. Rajeshwaran had filed the application as there were signs that more skeletal remains would be unearthed and experts were required for a detailed probe.Reports also indicate that the skeletons were upto ten years old, meaning they are linked to the period when the Indian Peace Keeping Forces (IPKF) were operating there.

The skeletal remains unearthed are to be sent to the Medical Research Institute (MRI) for further examination.

Earlier, Jaffna's Additional Magistrate, N. Arulsagaram issued an order that the convict in the Krishanthi Kumaraswamy rape murder case be brought to Jaffna on June 16 to identify the mass grave at Chemmani.

Was Samurdhi a bait at provincial polls?

By Nilika de Silva and Faraza Farook

Samurdhi animators are alleged to have been coerced into the role of campaign leaders and Samurdhi recipients often forced to vote for the ruling party or hand over their poll cards if they wish to continue to receive aid, investigations by The Sunday Times reveal.

The Samurdhi card, entitling recipients families to certain subsidies, was also used as bait to gain as many ballots as possible, by some PA politicos, it is alleged.

In the Gampaha District where there are about 1,177 Samurdhi animators, it was alleged that some PA politicians collected poll cards through Samurdhi animators and the party branch officials.

An animator who wished to remain anonymous said that through the party branch and by means of Samurdhi animators they sent around the message that at least one member from each family should come to a meeting to be held prior to elections.

He said they were forced to indulge in party politics and persuade the people to pay a price for the aid they got.

He said the issue of giving permanent appointments to the Samurdhi Animators had also arisen during this election.

The idea that these people would be given some kind of concession was used by PA politicians to their own benefit, he said.

Some of the areas allegedly affected by Samurdhi manipulation were Attanagalla, Dompe, Katana, Ja-ela, Divulapitiya, Biyagama, Minuwangoda and Mahara, The investigations show.

A Govi Sevena animator in his twenties, a resident of Yakkala told The Sunday Times: "Samurdhi animators were called upon to carry out the publicity work at the elections."

"They were keeping the Samurdhi card as bait and blackmailing recipients, saying, 'if you do not give the vote you will not receive your Samurdhi card'. Not directly but by indirect means they tried to obtain their vote," he said.

Lanka backs Kosovo resolution

Sri Lanka has voted for the resolution on the situation in Kosovo calling for a series of strong measures to address, stabilize and resolve the prevailing situation.

The resolution was adopted early this week at the ongoing session of the Commission on Human Rights in Geneva.

The deteriorating situation in Kosovo and other parts of the Federal Republic of Yugoslavia is of concern to the Sri Lankan government, the Foreign Ministry said in a statement.

It said the struggle against terrorism should be carried out with the will of the international community conforming with the UN Charter respecting the sovereignty and territorial integrity of all states.

Army fires down cigarettes in camps

The recent Government circular banning smoking in all state institutions will apply to the army also.

The ban was imposed through a circular issued by the Secretary to the Ministry of Public Administration to all ministries, departments, provincial councils, State Corporations and other statutory bodies.

Acting on this circular, Army Headquarters has sent out orders to all its regiments to enforce the ban.

The directive, issued on a recommendation of the presidential task force also prohibits sponsorship links with any State institution and tobacco companies. This is expected to affect the sports ministry in a big way. According to the circular the sale of cigarettes and tobacco in canteens of state institutions will also be banned.

Southern nominations

Polls campaign already started

Political parties contesting the Southern provincial elections are yet to finalise the candidates list, but have begun election campaigning in all three Districts.

None of the parties has paid the deposit although nominations will be accepted from Thursday.

Minister Jeyaraj Feranandopulle told The Sunday Times the party would carry out a well-organised campaign and ensure that nothing that happened in Wayamba was repeated in the South. Meanwhile the UNP is scheduled to finalise the candidate list by Tuesday, but it has already started campaigning. Hambantota UNP Organiser Sajith Premdasa said the party would have a blend of youth and experienced candidates but his fear was that violence might be provoked.

Asked why he did not come forward as a candidate from Hambantotata Mr. Premadas a said he wanted to campaign for the UNP in the whole of the South rather than in Hambantota alone.

As part of their campaign, both the PA and the UNP will stage their May Day rallies in the south .

Prelate's funeral yesterday

The funeral of the Ven.. Rajakeeya Panditha Pahamune Dharmakeerthi Sri Saranankara Gunananda Thera of the Siyam Maha Nikaya took place yesterday in Kandy.

Ven. Gunananda Thera who was 75 years old at the time of his death on April 13 was one of the earliest members of the Sangha Sabha of the Malwatu Chapter of the Siyam Maha Nikaya. He also held the title of Anu Nayake.

Having received the degree of Rajakeeya Panditha, Ven. Gunananda served as a Dhamma teacher in many schools including Dharmaraja College, Kandy.

Death of veteran journalist

Veteran journalist Brian Gomez, Associate Editor of the Dinamina, died on April 16 after a prolonged illness.

Mr. Gomez who had his secondary education at St. Mary's College Negombo. After graduating from the Peradeniya university he started his working life as a teacher at his alma mater.

In 1969 he joined Lake House as a sub editor and gradually rose to be the Chief Deputy Editor of the Janatha and Deputy Editor of the Silumina, before assuming duties as the Associate Editor of the Dinamina.

His funeral will take place at the Roman Catholic Burial Grounds, Kattuwa, Negombo at 3.30 p.m. today.

Remanded Keheliya moving to frontlines

UNP Kandy district leader Keheliya Rambukwella who got a massive preference vote despite being in remand is likely to be brought into the party's policy-making working committee as part of a series of changes to introduce fresh blood, party sources said.

They said Rajitha Senaratne, Mahinda Samarasinghe and Themiya Hurulle are among others tipped for working committee status while some 20 new key electoral organizers are also to be appointed.

The working committee which met on April 9 after the party lost all five provinces agreed on a revamp of the party structure in preparation for national elections.

Watcher held on alleged multiple rape charge

By Ayesha R. Rafiq

A watcher of an estate has been produced by the Women's and Child Bureau of the Police before the Attanagalla magistrate on a charge of allegedly sexually abusing two teenage sisters.

The watcher who had been recruited after he answered a paper advertisement for a watcher on a doctor's estate in Gampaha, is also a quack exorcist, and had been residing on the estate along with his mistress and a young child.

Having made friends with a neighbouring family consisting of a woman and her three teenage daughters, he had asked the 16 year old daughter to accompany him on a exorcism mission to Embilipitya to keep his mistress company.

The trip, however, had apparently not been made due to heavy rain, and the girl had stayed the night in the watcher's house, to make an early start the next day.

But the next morning she had run home and told her mother that she had been raped. By this time the watcher was in hiding, and the Weerangala police had apprehended the mistress and child and remanded them.

Subsequently it had come to light that the girl's younger sister who frequently visited the watcher's house to play with the child had also been raped a number of times, a month before her sister's rape.

The man had been found in a hideout in Borella and arrested.

More News/Comments

Return to News/Comment Contents