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Moral values a bulwark against crime
An intuitive feeling of right and wrong helps tread straight and narrow path
By P.H.K. Kulatilake
Apart from the acts of terrorism, crime stands at the top of the list of matters that concern the law abiding citizens of the country who desist from committing crimes for the reason that they continue to believe in moral values.
An intuitive feeling of what is right and what is wrong is also a determining factor whether one commits a crime or not.

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
Police reports relating to some grave crimes reveal quite a disturbing trend. Of the serious crimes reported to the police a large number remains unsolved. Hence the criminals are at large posing a threat to society.

Table 1 gives statistics of murder cases
Following are the statistics relating to robberies of more than Rs. 25,000 including highway robberies. For the year 2004 the total number reported was 1431 and the number solved was 443. Unsolved number of cases stood at 988. For the 1st half of 2005 the number of reported cases stood at 673 and the number solved was 217, cases unsolved stood at 456. Of bank robberies for the year 2004 the number of cases reported was 76, only 13 were solved, 63 cases remained unsolved. For the 1st half of the year 2005, 25 cases were reported and seven of which were solved, leaving 18 unsolved 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
Crime statistic also indicate that in spite of the introduction of the Penal Code (Amendment) Act, No. 22 of 1995 which created new offences and brought in mandatory punishment with enhanced jail terms for rape and other sexual offences, the rate of increase remains high. Selfishness and moral laxity which is manipulated in sexual permissiveness, sexual experimentation, surfacing of once hidden areas of sexual behaviour, hard-core pornography, drug addiction, gambling, break up of the family unit, and poverty appear to be the root causes responsible for the above trend.

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’.
Another sickening feature is that the number of convictions stands at less than 10%. Crime statistics give a “soothing signal” to the crime doers. That is because the risk of being caught and punished is low. Criminals are risk takers. Hence crime thrives.

Emergence of a ‘gun culture’
One of the alarming characteristics of the Present Day Crime Episode in Sri Lanka is the widespread use of firearms. Crime detections have revealed that sophisticated firearms were being used to commit crimes. As a consequence, most serious crimes in Sri Lanka have as an attending factor, the use or at least the possession of a firearm. A crime investigator who goes to the ‘crime scene’ has to look for the following items of evidence, namely the bullet, the cartridge case, the firearms, wadding or indication of the trajectory. Such an investigation would enable the crime investigator to locate the owner of the weapon and then the establishment of criminal responsibility.

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
Another disturbing feature associated with the present day crime scenario is the problem of identifying and locating the perpetrator of crime, the main reason being the employment of hired assassins. They are referred to as “Contract Killers”. The victim, even if he is alive will not be able to identify the ‘doer’. In the case of Anuralal Weerawansa alias Anura Weerawansa alias Sudu Aiya and others Vs. Hon. The Attorney-General S. C. Appeal (TAB) H. C. Colombo No. 836/2002 where Customs Officer Sugith Prasanna Perera was brutally murdered, the first accused had employed hired assassins to commit the crime.

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.
Recently the prison authorities in Welikada and Negombo prisons have detected cell phones in the possession of prison inmates a disturbing development. It is not known whether the authorities had found how these phones got into the inmates’ hands and who the culprit officers were.

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.
Drug offences which are the root cause of a number of related offences, manufacture and sale of illicit liquor, which had recently taken quite a number of lives need to be given priority in crime detection and prevention plans. These offences are “society killers” and need to be visited with Mandatory life sentences or Death Sentences as in Singapore.

Accident cases
Causing death by criminal negligence by motorists has become a frequent occurrence. Innocent Pedestrians are killed for no fault of theirs. The usual charge would be for causing death by negligence in terms of section 298 of the Penal Code.

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
The need to evolve a Crime Control Mechanism to arrest the present trend in crime is badly felt today. The emphasis has to be made not only on crime detection but also crime prevention techniques. Crime prevention is one of the fundamental goals of any criminal justice system. The prevention of crime is today, and will remain in the future, a paramount challenge for those concerned with criminal justice.

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
In the modern day context a Police Officer acts in a three-pronged capacity, as a watchman, crime fighter and law enforcement officer. The Police are the first agency in our Criminal Justice System dealing with Crime. Police personnel must be well trained and acquainted with modern techniques of investigation, prime concern being identifying and locating the perpetrator of the crime and to find evidence in order to establish his guilt. In this regard surveillance of places or identified “criminal cells” tailing or shadowing, roping or undercover investigation have to be carried out. In the present context, to break the crime trend, the need to conduct raids cannot be ignored, its purpose being to effect an apprehension, obtain evidence of illegal activity by surprising in flagrante delicto, to recover property. The investigator in command should be a trained person trained in the techniques of such operation, because a raid poorly conducted may result in injury to personnel, a failure to achieve the objectives and a consequent loss of reputation – vide Charles E. O’hara’s Fundamentals of Criminal Investigation 4th Edition, p. 890.

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
In case of grave crime the belief that punishment aims at adjusting the criminal to society will not hold good and sensible. Punishment is an expression of society’s disapproval of the criminal act and the degree of disapproval is expressed by the magnitude of punishment. It is necessary that the prison system must confine whoever who ought to be confined and for as long as the specific offence warrants.

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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