Police, AG’s Dept. disinterested, Lalith’s murder unsolved: Dayanthe Athulathmudali

Following are excerpts of the speech:

“When Prof. Fernando requested me to speak today, I declined saying that my utterances may be interpreted as being supportive of the contents of the book being launched this evening. As he repeatedly requested and then gave me the freedom to say anything of relevance I wished, I thought I will start by doing some checks on who Prof Ravindra Fernando is.

I asked my Doctor friends who now have the word `Emeritus’, like Prof. Fernando has, in front of their chosen speciality in SL’s Medical fraternity. The first I asked was a classmate from my first day in Royal at the age of five. He said such glowing things about Prof. Fernando and so much about his dedication to Forensics. Being a professional, far removed from Forensics, I thought that I should show support to another professional so dedicated to his chosen field. My brief encounters with Forensic specialist have been only when Civil Aircraft crash and the pilots have died in the crash. So, I am the least competent to introduce a Prof. of Forensics or the contents of his book. However, I can claim that I am the most concerned person wanting to know whether the contents of the book lead to how the deceased came to be gunned down 24 yrs. ago, as he was my only brother.

When I realized that the Chief Guest was the Attorney General, I changed my stance as there is so much to say to an AG and the IGP over the unsolved murder of Lalith.

I will start with the attitudes of two countries towards unsolved murders. The first is a country that Lalith’s name is still held in high esteem and I was fortunate to spend 10 years. there. Yes, it was the PM of Singapore that offered Lalith citizenship when he was about to leave the National University of Singapore (NUS), after having given his best to develop the legal fraternity there. Late PM, Lee Kwan Yew, went beyond citizenship, and wanted him to be a member of his Cabinet.

I first met a Singaporean Supreme Court judge called Justice P. H. Rubin, soon after taking residence there four years after Lalith’s demise. It was strange to discover that Rubin, a Muslim, having a typical Jewish name, had started life in Galle. Having migrated to Singapore many decades ago, he took to Law studies and became one of Lalith’s students in the NUS.

Although not associated with Law, I was always warmly received by Lalith’s senior students such as Prof. Tommy Koh and on many occasions by Justice Rubin. On one such pleasant interaction, I broached him on what Singapore’s attitude was to ‘Unsolved Murders”. In response, he recalled the few Sinhala words he could remember from Galle, and uttered that it was considered a “ Kelellak”. He explained that an unsolved murder, after a reasonable period of time, was a slur on all the Govt. Departments that were engaged in it. Supervisory means were in place so that laws were applied to see that every case led to a conclusion and that every possible expertise was sought even from abroad, including DNA tests that were yet to be introduced in many countries. It is noteworthy that SIN allows a `reasonable period of time’ before the `kelelle’ word is self-stamped. Will 24 years then be reasonable for SL to self- tarnish itself in its wobbly, time consuming passage to see a legal conclusion for a murder? Having mentioned time consummation, I wish to share thoughts on the often repeated phrase ´Law’s Delays”.

I ask you, have you heard of phrases such as “Engineer’s Delay” or “Surgeon’s Delay”? The latter leading to sure death making room for the Forensics like our amiable Prof to move in quickly. Another irksome phrase when court cases do get started is that of being given a ‘Date’. This assuredly adds to delay and the accused called upon to pay Counsel for the new Date as well. In the event of a murder case, being given a date means prolonging the pain of the next of kin in waiting for justice to be done while continuing to bear the pain of severance from the victim. When many dates are given and that has stretched for years with no more dates forth coming, the pain is compounded with eternal waiting for a conclusion befitting the deceased. Is it not what has happened in Lalith’s murder? So, you know why I am pained? Every publication such as what is launched today, gives me hope that we may be getting closer to who was behind what happened 24 years ago. So why is there no progress from the Govt. Departments/Institutes that are responsible for conclusive action once a serious crime has been committed?

I have on many an occasion wondered whether the word `Assassination’ is what has brought upon `Delays’ in restarting enquiries on Lalith’s killing. Would a plain title such as “The Murder of Lalith resulted in kick-starting a proper legally tenable enquiry? How come that the cases of `Thajudeen and Lasantha have received justice by renewed examinations? Is it that the appointment of a “Presidential Commission of enquiry” has led to total in-action on any follow up soon after the Commission ended? Or, has there been a deliberate `Laissez-Faire’ attitude set- in those to do nothing about a murder, simply because it has been termed an assassination?

Assuming that the two Govt. Departments responsible for re-examination or re-starting an inconclusive murder case are the Police and AG’s Departments, are they then waiting for a politician to nudge them from their slumber? That too, to do what they should have done as a part of their duties in solving serious crimes.

In less than a year, it will be 25 years since Lalith was gunned down. In the event the status quo remains the same, with no legally tenable end to the unsolved murder, I recommend that a new book be launched on April 23, 2018.

I would like to see such a book been written by the legal fraternity, Hope-fully by someone who has reached great heights in the law after having attended some of Lalith’s lectures on his favourite subject, `Jurisprudence’. I would like to suggest the title for the book to be: “Legal Luminary Lalith, Let-down in his Last Lap, by Law that he taught Lawyers”. To my son and daughter, I will sadly say that they will never know who planned their Mahappa’s murder.

In the event that Lalith had accepted LKY’s invitation and become a Singaporean citizen, he would still be alive. But, SL would not have a `Mahapola’. Would the unthinkable, of Lalith being gunned down in Singapore have happened, what would have taken place after a reasonable period of time? It is my belief that Singapore gallows would have worked one more time than its reputed once a week. That too, after the culprit(s) had completed all legal formalities that an accused is required to follow.

Those grateful students who learnt Jurisprudence from him would have pursued criminal justice being implemented and not merely texts in Singaporean law.

After 25 years, if left grieving, it would not merely be a brother, a daughter, a nephew and niece. Many in the hall, also lost an elder brother or their Mentor. Though hopelessly lost by then, all of them will continue searching for the truth.

In my world of Electronic Engineering, all sessions of interaction end with the flick of a switch. However, keeping in mind that I have ventured this afternoon to where endless flow of words, over 24 years appears to be the norm, I will for once borrow a phrase from lawyers, and say that “I rest my Case”. Here’s hoping that Lalith though reduced to ashes, does rest in peace, while his pathetic case is waiting to move forward.

Thank you for permitting me to be verbose for justice to re-start the case.”