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To submit to
a Tiger Kangaroo court - or not Indika Perera,
25, was arrested by the LTTE police after an eight-year-old child
was killed in a collision involving his vehicle and another vehicle
on September 19 at Paranamurukkandi in Kilinochchi. "This is
the first time that I've been involved in a serious accident and
if it was in Colombo, I wouldn't worry so much, but I don't know
what kind of verdict the LTTE will deliver," he said adding
that he was fearing for his life throughout his detention in LTTE
custody. Mr. Perera
was produced before an LTTE court and released on bail on September
27 after nine days of detention. He and his bus owner, K.A.A. Wasantha
(36) have been asked to appear before the court on October 18 for
the next hearing, but the government authorities have asked them
not to follow the LTTE directives. Mr. Wasantha
says they will decide on whether to obey the LTTE court verdict
only if the verdict was reasonable. Lanka Private Bus Owners Association
President Gemunu Wijeratne said Defence Minister Tilak Marapana
had advised them not to pay any fine or bond ordered by the LTTE
and to take the matter up with the Sri Lanka Monitoring Mission
(SLMM) and the Police. But Mr. Wijeratne
said they wrote to the SLMM but they received no reply from it.
Therefore, they advised Mr. Wasantha to pay the bail money and obtain
Mr. Perera's release. Mr. Wasantha also placed a bond of Rs. 100,000
in the LTTE court to get the bus released on October 1. "Indika
was crying when he was refused bail when produced in court two days
after the accident," Mr. Wasantha said, adding, "If I
didn't pay the bond, Indika would have had to remain in the LTTE
custody". However, SLMM
Spokesman Teitur Torkelsson said no letter had reached them yet
but added that the monitoring mission had the mandate only to see
whether the incident was a violation of the ceasefire agreement.
"We do not and we can't interfere in any legal systems, whether
it was that of the Sri Lankan government or the LTTE," Mr.
Torkelsson said. Since the accident on September 19, driver Perera
has been living in fear. "I'm scared. I don't know what the
outcome would be if I stay away from the court hearing on October
18," he said. The van that was involved in the accident has
also been detained by the LTTE, but Mr. Wasantha said he did not
know whether its driver had also been arrested. Mr. Perera
said he believed the van driver was to blame for the accident for
speeding along the A9 road and claimed that its breaks had not been
in good working condition. Explaining
the incident Mr. Perera said, "I was driving a Leyland bus
on the A9 road, carrying 43 passengers who were going on a four-day
pilgrimage to Nagavihara and Trincomalee. I was driving at 40 kmph
on the left lane when the head-on collision took place around 4.30
p.m.. I gathered that the van driver was trying to make it to Omanthai
before the road closed at 5 p.m. "There
were several potholes along the way. Trying to evade a pit, the
van knocked the front, right side of the bus and got swerved four
to five feet away onto the right side of the road. There was minimal
damage to the bus, but the van suffered extensive damage. I feared
reaction from the people around as in Colombo, but none spoke a
word. I got off the bus and found a child seated near the window
on the rear seat of the van dead. He had suffered a head injury
due to a piece of glass piercing through his head," Mr. Perera
said. Unaware of
the consequences of such an incident in an LTTE controlled area,
driver Perera sought the assistance of a UN official whom he met
when he was going in search of a police station. "The UN
official guided me to the Kilinochchi LTTE police station, but I
didn't know a word of Tamil to converse with them. The passengers
in the bus were then asked to take a different bus while the LTTE
police detained me and the bus to be produced in court the following
day". However, Friday
(20) being a Poya, Mr. Perera had to remain with the LTTE police
until Saturday, where he was refused bail unless he paid a sum of
Rs. 150,000 to get both the vehicle and himself released. The court also
ordered that the owner of the bus to present himself to proceed
with any bail application. Mr. Wasantha hired a lawyer, who could
speak Sinhala. The court allowed Rs. 50,000 bail for Mr. Perera
and ordered that a Rs. 100,000 bond be placed to get the bus released.
Although a
complaint was filed with the Vavuniya Police following the release
of Mr. Perera and the bus, the HQI there admitted that they were
helpless in pursuing a matter that came under the LTTE. Mr. Wasantha
said he had some money in his savings but he had to borrow from
friends to raise the required amount. He said he hoped to claim
it from the insurance company, though the company said that for
any payment, it needed a report from the Sri Lankan Police. However, according
to Mr. Wijeratne, the LTTE court had stated that all reports related
to legal issues must be forwarded to the Government Agent who has
administrative control over the area concerned. Meanwhile Interior Minister John Amaratunga when contacted by The Sunday Times said he was unaware of the incident but added that disputes of this nature would be taken up at the peace talks in Thailand.
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