Archives

Please forward your letters to editor@dailynews.lk  in plain text format within the e-mail message, since as a policy we do not open any attachments.

• Is gallows the answer?
  
  
• Expertise has to be home-grown
  
  
• 'Construction work on Colombo-Matara expressway'

Is gallows the answer?

Whether the death sentence should be carried out or not has become a debatable point. Anyway, the general opinion seems to being favour of it, because of the horrendous crimes committed these days.

There is moral indignation and overcome with feelings of revenge and anger, it is thought that the alleged murderer should pay with his life without giving rational thought, whether that would really be a deterrence while also forgetting that he is a product of our degenerate society. The researches conducted in several countries have confirmed that it is not a deterrence and abandoned capital punishment.

According to criminologist deterrence is early detection of a crime and speedy punishment. This is so in most Arab countries; but the punishment is primitive as the gallows is today. However, that may be, it is common knowledge that in this country, except in the case of a few smart detections much time elapses from the time. (usually a grave crime) is committed and punishment meted out.

This seems to be because the police are not motivated due to lack of incentives and perhaps the absence of specialized in-service training, of course now, because of political interference when some with the power of ill-gotten wealth give patronage to criminal elements and protect them. To make matters worse the legal procedure with archaic laws is time consuming and highly involved.

To begin with there are the non summary proceedings in the Magistrates' Courts, then if there is a case to proceed further, the referral to the Attorney General to frame indictment and thereafter trial in the High Court which take years when those connected with the case have forgotten vital details. There also, it is only when an accused person or persons have the resources and could retain able criminal lawyers who could detect loopholes in the evidence and the law and have the oratorical skills to make a charge to sway the lay jurors in their favour, could have the accused person discharged or the sentence mitigated.

Such persons without financial resources are not so lucky, and even being innocent, notwithstanding the Legal Aid Council.

Hence, the possibility of a miscarriage of justice. This could be substantiated by citing two cases about one of which, many of the older generation would be aware and the other of which I have personal knowledge.

The former is the Sathasivam murder case, where the famous cricketer was charged with the murder of his wife and all the evidence led pointed to his guilt despite the fact that he had retained one of the ablest criminal lawyers at the time, Dr. Colvin R. de Silva who was so certain in his own mind that his client was innocent, that he went to the extent of going to England to consult the famous forensic authority, Sir Sydney Smith.

Having doubts in his mind too, he came to Sri Lanka (Ceylon at the time) and after visiting the scene of the murder was able to prove that the murderer was no other than the servant, William.

The other is when it was at that time the practice of the Supreme Court to call for "pre-sentence" reports from the Probation Officers. There was a case, when I as a probation officer at that time, had to report on the case of a Tamil grandfather living in a line room who had murdered his young grandson. From the investigations I made I found that although the old man occasionally went in to a rage, he was fond of this grandchild.

On further investigation I found that this old man has had a case in the Panwila Circuit Court and had been sent to jail. The court sergeant of that court obliged me by tracing the court record where it was found that he had been sent to the mental hospital.

This was confirmed when I contacted that hospital. Anyway, at the trial this old man was found guilty, but on reading my report the Assize Court Judge, Justice M. F. S. Pulle, in lieu of passing death sentence, sent him to the mental hospital as being an insane person. Thus was this man saved from the gallows.

It should be clear from these cases that there is always the possibility of a miscarriage of justice and also that capital punishment is from research found not to be a deterrence to grave crime.

TISSA AMARASEKERA, Kandy

Expertise has to be home-grown

An aspirant to the medical profession after a stiff competitive examination at the G.C.E. (A.L.) has to undergo a rigorous academic cum professional course in the university extending to over 5 years to qualify for the basic degree. On completion she/he has to undergo internship, and swot further to qualify as a consultant or specialist.

Can an outsider specialised in Law, Banking or Marketing enter the medical field even to deal with that aspect of their profession. Medical professionals may seek their advice but hardly any inroads are permitted. It does not mean it is an island in itself. It has to blend into the general picture.

In politics, as it is, anyone who can take the voters for a right-royal ride can enter the portals of the august assembly and claim to be omnipresent, omnipotent, omniscient saints without any basis for any of the claims. The politicians have a mandate to abide by, but that does not license them to interfere in every sphere of life and cause chaos.

Every profession should be given that amount of leeway and elbow space to practise the profession within the applicable norms. The professionals themselves should not hold the country to ransom, flexing their muscles much too often, because of their vital importance. The sense of civic responsibility should soar with their level of importance and dignity.

There is no moral right for others to interfere and dictate on matters quite alien to themselves and quite injurious to the smooth functioning of the particular profession and much to the detriment of the accrual of its benefits to the beneficiaries. This barging in is there in most walks of life in our country.

Take for instance education, with every change of government we are witnessing changes. Sri Lanka does not lack educationists who can mould a system that would be beneficial for the continuous well-being of the country. Why cannot we allow the Educationists who are home-grown products of the field itself to mould a system that will be beneficial to the country? They may unfortunately not be among the favourites.

Unless we learn to honour the home-grown product and nurture them and allow them to innovate, modify, and even renovate in their respective fields we cannot hope for progress.

R. SUNTHARALINGAM, Urumpirai.

'Construction work on Colombo-Matara expressway'

We are sure that the Road Development Authority will want to start work on the Expressway in March, but important information they have given your reporter is not correct. (DN Feb. 25)

We speak on behalf many of societies which are trying to make sure that the Expressway will be constructed as it was designed, and within the law. Our members represent more than 30% of those affected.

The story that the RDA paid compensation to 90% of the people affected by the Expressway is wrong.

So far they have paid compensation to a small number of those affected. We are informed that the RDA has only issued vouchers in many of these cases rather than cash.

If the total compensation is Rs. 2 Billion and they have spent Rs. 500 million on compensation and "This covers 90% of the public". What will happen to the balance Rs. 1,500 million? Where will it go? Will the balance be paid to the remaining 10% of people and if so, have the 90% already compensated been treated fairly?

We have been told that residents in Imaduwa have been forced to leave their homes with only a part payment saying that the balance will be paid later. Fear of losing everything prevents these defenceless people from complaining.

The rumour is that the foundation stone will be laid here. There are four cases in the Appeal Court covering nearly 20% of the length of the Expressway.

These cases also affect a further 20% (including Imaduwa). This 40% was designed by International Experts but the RDA abandoned the design for their own reasons.

The RDA design has destroyed the interlinking system of roads, the connection to the Galle Road at Panadura has been lost, Galle will be made a dead city, traffic has to pass Galle and come back to get to it. In addition the design done by international experts affected less than 600 families but the RDA moved it into villages so it affects well over 1,300. More houses will be lost for the 186 over/underpasses with the RDA design.

Social and Economic costs have escalated.

The RDA produced the disastrous Katunayake Expressway now it is doing the same with this one.

Blindly believing the bureaucrats only feeds the "Bureaucratic Terrorism" that Minister Ravi Karunanayake referred to recently.

Public money must be spent wisely, Transparency and Good Governance are obviously missing.

S. A. Atukorale, President, Joint Organisation of the Affected Committees on Colombo-Matara Highway

www.crescat.com

News | Business | Features | Editorial | Security
Politics | World | Letters | Sports | Obituaries |

Produced by Lake House
Copyright 2001 The Associated Newspapers of Ceylon Ltd.
Comments and suggestions to :Web Manager