EDITORIAL-The politics of crime

6 August 2014 06:30 pm Views - 2325

The allegations if not the realities that the criminalisation of party politics has lead to criminals themselves being in politics were shockingly confirmed in the latest dangerous twist in the case where a politician forced a teacher to kneel in the presence of her students in the classroom.

This disgusting and disgraceful incident took place in June 2013 when the ruling UPFA’s North Western Provincial Councillor Ananda Sarath Kumara forced teacher Susila Herath to kneel before her students at Navagattegama Navodya Vidyalaya. He acted in this outrageous manner because the teacher, who is in charge of discipline, had reprimanded the politico’s daughter for wearing a short skirt.

The media highlighted this case and the people demanded action. This resulted in the arrest of the PC member who after an expeditious trial was given a seven-year suspended jail term, fined Rs.50,000 and ordered to pay the teacher Rs.300,000 as compensation. The verdict was widely hailed as a victory for justice and democracy. But the culture of impunity and the breakdown of the rule of law appear to be pushing or encouraging politicians even to undermine if not overturn Court rulings.

Last week this case took a dangerous turn when a key witness was found dead inside a well. As usual the Police spokesman said several special teams were investigating amid widespread and valid charges that the witness may have been killed and his body dumped in the well. On Tuesday, the teacher said she and her family had received a letter threatening they would be killed. The teacher charged that the letter which was said to have been written by the politician had warned she would be raped, killed and her body hung on a tree. It seems, as Shakespeare said that judgment has fled to brutish beasts and politicians have lost their reason. This and hundreds of other criminal cases where politicians, their supporters and stooges have acted with blatant disregard for the rule of law show the urgent need not only for the implementation of the Bill to protect victims and witnesses of crimes but also to restore the 17th Amendment with an independent National Police Commission and an independent Judicial Services Commission.

On July 9, the Cabinet approved a Bill for the protection of victims and witnesses. It has been sent to the Government Printer for publication in Sinhala, Tamil and English, the Justice Ministry said.

The Government said that as there was a need for the protection of victims of crimes and witnesses, the Justice Ministry had drafted the Bill which was referred to the Cabinet Sub-Committee on Legislation for its recommendations before it is presented to Parliament.

The Government said this Bill would create a balance in the criminal justice system. It hoped there would be a balance between the rights of the accused, the rights and entitlements of victims of crime and the entitlements of witnesses. This would thereby facilitate the conduct of fair trials with justice being meted out to both victims of crime and the accused.

Such laws and promises are welcome but they will be of little use to the victims of crimes or the witnesses -- as we see in the horror faced by the school teacher -- if ruling party politicians do not stop interfering and giving political protection or patronage to criminals and crimes. Sri Lanka also needs urgent legislation to ensure that those who have a criminal record are not allowed to contest elections.

The situation is bad enough when politicians seek personal gain or glory, power, prestige or popularity by deceptive means. But when politicians resort to crime and no action is taken against them there is reason to fear that we are plunging close to anarchy.