Sunday Times 2
Stop police bashing: Arrested police officers should be treated with dignity
Police bashing is an old unsporting game of politicians and sections of the media. I say unsporting because it is known that the Police do not retaliate these bestial attacks. Politicians dare not try it with the Army. But the depravity on the part of the present Government of chucking the post of Inspector General of Police to such abysmal depths, with a view to cover up its own debacles, is unpardonable. One would expect the Chief Law Officer of the State, not to treat the Inspector General of Police (IGP), or for that matter, any police officer, who has not been proved guilty of any offence, with such sadistic vengeance. The adverse effect of this on the morale of the entire Police Service is monumental.
In this context, it is worthwhile examining the attitude of the Attorney Generals in past cases where senior police officers have been prosecuted:
The 1962 coup case: Douglas Jansze QC was the Attorney General who prosecuted senior police officers, and highly placed officers of the Armed Forces and the Public Service, following the 1962 attempted coup to overthrow the Government. He was evidently uncomfortable with the Specially Enacted Law for this case, yet led evidence with devotion, integrity and dignity, and the accused officers were convicted. They appealed to the Privy Council which held that the Special Act of 1962, specially enacted to convict the accused, was ultra vires of the Ceylon Constitution, and the conspirators got off the hook.
The point I wish to stress is the dignity with which the Attorney General objectively conducted the prosecution with malice to none.
The Choppe Case: Another case in point is an episode in 1964. I was the first accused. Along with me, fellow sub-inspectors Sarath Boralessa, and Siva Subramaniam were charged with murder. This was a sequel to the arrest of Mohottige Dharmadasa alias ‘Choppey’ and Somapala alias ‘Madavi Somey’ for unlawful assembly and violence, when we were stationed at Maradana. These two suspects resisted arrest and force had to be used to bring them under control, causing them severe injuries. They were admitted to the General Hospital Colombo. Madavi Somey succumbed to injuries several days later, but Choppey survived.
Vivienne Gunawardena of the Coalition Government of that time complained to the IGP and pressed for action alleging murder. IGP S.A. Dissanayake, with a view to interdict and remand us, contacted acting SP-Colombo E.L. Abeygunawardena. The acting SP suggested to the IGP to direct Ms. Gunawardena to him and that he would handle the matter. Ms. Gunawardena met the acting SP accordingly. After interviewing her, Mr. Abeygunawardena decided to treat her as a witness and had her statement recorded with regard to what injured Choppey and Madavi Somey had told her. Her statement contained all kinds of rumours that were circulating. Choppey, ignoring what really happened, corroborated Ms. Gunawardena.
Not happy with the way the investigation was going, a private plaint was filed against the three of us on charges of murder of Madavi Somey and attempted murder of Choppey by senior lawyers of Ms. Gunawardena’s political camp. They were Malcolm Perera who went on to become a Supreme Court judge, Stanley Thilakaratne who later became the Speaker, and Merlin Abeysekera, instructed by attorneys C. Daluwatte and A.H.T. Dayananda. The Attorney General took over the prosecution and Senior State Counsel Ranjith Abeysuriya appeared for the prosecution.
Political pressure was so high that the case was shunted from one magistrate’s court to another in Hulftsdorp – (courts A, B, and C), each magistrate not wanting to hear the case. Finally, the non-summary inquiry was taken up by the Colombo Fort Joint Magistrate, Vincent Swarnadipathy. When the lawyers who filed the private plaint wanted to mark their appearance for the prosecution, State Counsel Abeysuriya objected stating that he did not seek their assistance. These lawyers then stated that they will assist the court and the magistrate was inclined to allow it. Mr. Abeysuriya, citing the relevant law, firmly pointed out that the AG and the AG alone was the sole prosecutor.
Mr. Abeysuriya led evidence with decorum and dignity and no let or hindrance. Evidence of the prosecution witnesses corroborated the evidence of Ms. Gunewardena, which was teeming with falsehoods. Inspector H.Y.de Silva, (Hyde Silva) who was the senior officer in charge of the arrests, explained the circumstances of the arrest: “The men resisted arrest and put up a violent struggle to escape. Force had to be used to bring them under control, and at a later stage batons had to be used.”
Hyde Silva was new in Maradana Police, and was not known. Sarath Boralessa, Siva Subramaniam and I had served in Maradana over two years and, under the guidance of OIC Maradana, Ebert Egodapitiya, we had been actively involved in maintaining law and order in the area hitherto noted for extortions. We were identified by name.
According to medical evidence, the injuries on the men were not compatible with the evidence of the prosecution witnesses, whereas the injuries were found to be compatible with the evidence of Hyde Silva.
The Magistrate returned a verdict that death was due to justifiable use of force by the Police.
This is another case in point where the Law Officer of the State acted with decorum and dignity and conducted the prosecution objectively to ensure justice is done, political pressure notwithstanding.
(The writer is a retired Superintendent of Police and human rights activist.)