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People wanted clean water but police wanted to protect factory management: Magistrate
View(s):JuDicial inquiry into Rathupaswala
The evidence presented at the investigation into the Army shooting that resulted in the deaths of three persons at the Rathupaswala protest, gave rise to the perception that while residents took to the streets on the issue of clean water, the Police tried to protect the factory management, Gampaha Magistrate Tikiri Jayatillake noted.
He blamed the Police hierarchy for their failure to take necessary steps to solve the water pollution issue despite the residents’ protest for days. The Magistrate also pointed out that although the police, through a report made nine months ago, reported to the court this factory should be removed, it had not been done.
“The police should have been more effective in discharging their duties,” he said. Gampaha Division SP Vijitha Kotasaru led by Colombo Crime Division (CCD) OIC Neville de Silva, giving evidence said a meeting was held on July 9, with the participation of the factory management, political representatives and Government officials headed by the Gampaha District Secretary. to find solutions to the water pollution crisis in the Rathupaswala area.
Residents of Rathupaswala, Nedungamuwa and Weliveriya subsequently held a protest on July 27 and blocked the road. They had a discussion with the factory management but were not satisfied with the outcome and thus continued their protest for the second day.
The police were deployed to protect the parties concerned, while officers in civvies were deployed to gather information about the future actions of the protestors, the SP testified. The protestors including Ven. Theripehe Siridhamma Thera were adamant that the people would protest until the factory is removed. The Thera also started a fasting campaign.
On July 29, the protestors blocked the entrance to the factory. They were angry and were discussing whether to set fire to the factory, resulting in more officers being deployed to protect the factory, the SP said. Two groups of riot police and additional police officers were called in. Protesters numbering around 3,500 were shouting angrily. Later they lifted the bed with Ven. SiridhammaThera on it and brought it to the factory area.
DIG Anura Senanayake had then said he would intervene to solve the water crisis and asked the Thera to end the protest, the SP said. An Army detachment was also deployed to protect the factory and Brigadier Deshapriya Tennakoon discussed with him how they could best ensure the protection of the factory, SP Kotasaru said.
Answering a query in the negative he said he did not summon the Army. However, he kept updating his superiors on the situation and they may have taken some steps accordingly, he said. Both the SP and Brigadier Shantha Dissanayake asked the monk to end the fasting campaign but he did not agree, he sad.
Two officials from the Defence Ministry also met with the Thera and informed him that an opportunity to meet the Defence Secretary on July 31 to discuss the issue would be provided. However due to unavoidable circumstances the meeting with the Defence Secretary was put off for the next day, he added.
On August 1, the situation was tense and several roads were blocked with boulders and burning tyres. The entrance to the factory was also blocked. At the same time, protestors were gathering at the Weliweriya junction. The Field Police Headquarters had sent two water cannon and two groups of riot police there with SP Jayalath Balagalle went to protect the Weliweriya police station.
Brigadier Deshapriya who was inside the factory went to Belummahara saying that he would go there, the SP told court.
On the same evening he was informed the Defence Secretary had promised to give relief to the residents, resolving the crisis. Accordingly he had told the Thera to end the fasting but the Thera refused saying he would not do so until the representatives who met with the Defence Secretary themselves said so.
However, some of the protestors dispersed, SP Kotasaru told the court. SP Kotasaru also informed Brigadier Tennakoon to tell protestors of the results of the discussion with the Defence Ministry Secretary and ask them to stop the protest. Some had dispersed after the Brigadier relayed the message but many continued their protest.
“Later, in the evening I heard that three protestors had been killed and 33 injured in a clash between the Army and protestors and I went there,” he said. The Weliweriya OIC and two Army officials were also injured in the clashes. “When I got to the Weliweriya police station around 9 p.m., I saw two damaged Army vehicles. I had not seen any suspects arrested,” he said.
The SP said he remained close to the factory to safeguard it. He had not seen any political groups engaged in encouraging the protestors by giving them any food during those days.
Answering a question the SP (after perusing a report) said the IGP had summoned the Army there. He also said he could not remember whether the street lights were switched on on that day in the Weliweriya area.
Counsel Upul Jayasuriya watching the interests of the aggrieved party on the instruction of the Bar Association pointed out the fact that the IGP had summoned the Army was not told at the inquest into the deaths and charged the police with suppressing evidence.
Counsel Jayasuriya further pointed out the inquiry officers should not withhold any information relevant to the incident.
He said he IGP summoned the Army after the protest on July 27.
The magistrate cautioned the inquiry officer that the suppression of any evidence would give rise to many other problems.
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