Laid
low for standing for his rights
Would Gerald's killing change attitudes among guardians
of the law
By Marisa de Silva
The family of the Colombo Dockyard chief chef who succumbed
to injuries after being shot by an unidentified man believes the
main reason for the attack was the Fundamental Rights case he filed
against the police officers who tortured him after mistakenly arresting
him a few years back.
A
local Pradeshiya Sabha member – acting on behalf of some of
the police officers involved in the torture incident – was
reported to have approached Gerald Mervyn Perera recently, to arrange
an out of court settlement in the event Gerald agreed to drop the
charges, his relatives said.
They
said that Gerald however had resisted this move on the grounds that
human rights organisations had already taken up the matter. Gerald
was shot eight days before he was due to give evidence in the criminal
case related to the torture incident. The case is due to be taken
up at the Negombo High Court on December 2.
Gerald,
a man with a forgiving nature had said he had no objection to either
party requesting the local human rights activist group to withdraw
the case. However, Gerald had stood his ground when asked if he
could amend his testimony in a manner that would project a positive
image of the perpetrators and refused outright when asked to change
to his original statement for whatever reason, his sister said.
In
his absence some unknown persons claiming to be Gerald's friends
are said to have visited his home a few times in Makevita saying
they wanted to meet Gerald. Though his wife had described these
men to Gerald on his return, he was certain he did not know any
of them by name or description.
The
family suspects that these unidentified persons could in someway
be connected with his killing. The tragic incident took place in
the vicinity of Mabole, whilst he was travelling in a bus from his
home in Makevita to his ancestral home in Wattala where his sister
resided.
A
getaway car had been following the bus to ensure a speedy escape
for the perpetrators from the crime scene. A friend of the victim
said the post mortem reports revealed that two bullets had entered
Gerald's body from behind. One had pierced the nape of the neck
and the other had hit the spinal cord, penetrated his upper back,
through to his liver, grazing one lung and severely damaging his
small intestines and resulting in completely disabling him.
He
was immediately rushed to the Ragama Hospital where the doctors
with great difficulty managed to revive his heart before transferring
him to the National Hospital for further treatment. At the NH his
abdomen had been operated on and his body wired to a life support
system. He succumbed to his injuries on Wednesday at about 1 pm.
The
42-year-old chef employed at the Colombo Dock Yard, had been one
of those inherent 'do-gooders' ever ready to lend a helping hand
to anybody in need. However, this very trait led to his downfall.
By attending to the needs of relatives and handling the funeral
arrangements of the victims of a triple murder in his neighbourhood
at Alwis Town in Wattala in June 2002 he found himself on top of
the list of murder suspects.
On
June 3, as he returned home when to his utter amazement Gerald found
the police in civil waiting for him in the presence of his wife
and child. Upon his arrival the police had reportedly blindfolded
Gerald before pushing him into a police jeep and took him to the
Wattala police station.
There
he is said to have been hung upside down from a beam, burnt and
assaulted with iron rods and wooden poles, whilst being interrogated
by the police, for a crime he hadn't committed.
On
receiving a tip-off regarding the whereabouts of the actual murderers,
the police had released Gerald the next day with profound apologies
and a request for his forgiveness. The policemen reiterated that
the unfortunate incident was due to a mistaken identity.
Upon
Gerald's release, his wife and brother had taken him to the Gampaha
Wickramaarachchi Ayurevdic Hospital where the physician had advised
immediate emergency treatment. Accordingly, they then admitted him
to a private hospital in Colombo, where he was kept in the intensive
care unit for 18 days in a coma. On June 14, 2002 the doctors had
informed Gerald's wife his condition was critical and that his life
was in danger.
According
to the Judicial Medical Officer's report Gerald had developed acute
renal failure, changes due to axonal loss in the median and ulna
nerves and loss of sensation in certain parts of his spine. On a
further examination by the JMO it was revealed that Gerald suffered
from a complete loss of power in the muscles around both shoulder
joints, and the inability to move both arms at the shoulder joints.
While able to move his fingers, he could not grasp any object at
the time of examination. In addition, there was sensory loss in
the area around both elbows as well.
The
JMO also noted various scars and injuries, on his body, consistent
with matchstick burns, being hung by a coir rope, blows with iron
bars and weakness of both upper limbs, consistent with being suspended.
However,
after receiving treatment at a well-known Ayurvedha clinic in the
area, Gerald had regained the basic use of his arms but unable to
make full use of them.
Of
the Rs. 1.5 million compensation awarded to Gerald, only seven lakhs
had been paid to the family. Seventeen months later Rs 8 lakhs still
remains unpaid. Leaving behind a young wife and three children,
aged eight, six and eight months, not only was he an unfortunate
victim of circumstances but by a strange twist of fate, also had
to pay the ultimate price for standing up for his rights.
Whom
can one turn to when the ' supposed' defenders of the law are also
those living outside it? His funeral was due to take place last
evening. |