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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.

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