First good step in a long road

Friday, 26 August 2011 00:20 - - {{hitsCtrl.values.hits}}

THE Colombo High Court giving the death sentence to those guilty of the double murder committed in Angulana is a milestone in the country’s legal history. It underscores not only the depths to which law enforcement can sink to, but also, at least partially, indicates how it can be addressed.

Readers will remember that the former Angulana OIC and three other Policemen were accused of abducting and committing the murder of two youths while in Police custody.

The Colombo High Court-at-Bar comprising Judges Deepali Wijesundara (President), W.T.M.P.B. Warawewa and Kumudini Wickremasinghe heard the case against the former Angulana Police OIC and Inspector K.W. Newton and three Police Constables – Galhenage Kumarasiri, Dhammika Jayaratne and Janapriya Senaratne.

The Attorney General had indicted them on seven charges, including the abduction of Dhanushka Aponsu and Dinesh Fernando on 12 August 2009 and committing their murder in Angulana. Due to the public outcry over the killings, the then Police Chief handed over the investigation to the CID and it was conducted by ASP Shani Abeysekera and CI Ranjith Munasinghe.

It was reported that in the indictment and considering the gravity of incident, where two Angulana youth were abducted and killed while in Police custody, the AG requested the Chief Justice to appoint a Trial-at-Bar to try the case. Deputy Solicitor General Jayantha Jayasuriya prosecuted while Senior Defence Counsel Anil Silva, Tirantha Walaliyadda and Gamini Silva appeared for the defence.

Death of suspects while in custody is nothing new in Sri Lanka. Neither is the fact that those in custody are at times tortured. The appalling lack of due process for those arrested, especially under the Prevention of Terrorism Act, does not put Sri Lanka’s law enforcement in a positive light.

In fact it is these acts, termed as draconian by human rights organisations, which have kept the country’s reputation in the shadows. Other democracy-minded citizens would agree that the Police as well as the legal framework that serves to guard the people can at times take the wrong path to achieve their goal.

Given this situation, it is heartening that the judges took a step to see that justice was delivered. However, this is merely a start if the entire law enforcement system is genuine in its desire to clean up its act. Reducing corruption and politicisation within the Police force as well as building a more independent, well-funded and disciplined Police and Judiciary is the full solution to this problem of taking the law into one’s own hands. People who are driven to do so would think twice if they could rely on a competent framework balanced by a competent legal system.

As mentioned before, this is neither the first nor the last time that a death has occurred in custody. This, as well as torture-related offences, delays in obtaining justice and giving equitable justice to all, have to become the focal point of the Police as well as the Judiciary if Sri Lanka is to have a bright future.