Can crimes happen without criminals?

‘Crimes without criminals’ is a fact in Sri Lanka, but not something that would surprise anybody, as there have been many incidents one can recall that attest to it. However, one cannot but have to be aghast with a latest incident where five suspects who had been taken into custody in August 2021 with a multi-day trawler laden with a stock of heroin weighing 290kg was discharged days ago, due to lack of sufficient evidence.  

The video footage of the seizure of the trawler by the navy is still accessible in the You Tube as a proof of the incident. And the suspects were said to have been arrested on the spot, and not later and not anywhere else. However, strangely, the police to whom the navy had handed over the suspects after taking them into custody in the sea near Beruwala, have failed to prove the charges against the suspects, leaving the court with the only option to discharge the suspects. 

The release of the suspects comes against the backdrop of Justice Minister Wijeyadasa Rajapakshe accusing the police of arresting people on false charges of drugs. But this cannot be such a false allegation. Then what about the video footage? Was it a stage managed by the navy? That is highly unlikely. Then who possessed the contraband of drugs and brought it to the Beruwala Sea, is the question now arises. 

The judge who acquitted the suspects had lambasted the police for poor performance. This is a serious issue as a crime has been committed, but the suspects who were captured red-handed have been acquitted. Would the Attorney General, who filed a revision application before the Colombo High Court against the order by the Colombo Chief Magistrate releasing IUSF Convenor Wasantha Mudalige, take similar action in this case as well? Otherwise, this incident would also add to the list of crimes without criminals in the country. 

A serious flaw in the law enforcement mechanism in Sri Lanka is that with the criminal suspects being discharged for want of sound evidence or on technical grounds or due to withdrawal of cases by the Attorney General for some reason, the crimes are just dumped, without re-initiating investigations. During the last administration of President Gotabaya Rajapaksa, a series of such acquittals were reported.

Parliamentarian Sivanesathurai Chandrakanthan alias Pillayan and four other suspects who were accused of murdering former TNA Parliamentarian Joseph Pararajasingham were discharged and released by the Batticaloa High Court on January 13, 2021 after the Attorney General’s department informed the Court on that it has decided not to continue with the case. Pararajasingham was shot dead on December 25, 2005 at St. Mary’s Cathedral in the Batticaloa town while attending Christmas Mass, and it was clearly a heinous crime. The AG would have had reasons to withdraw the case against these five suspects. Then what happened to Pararajasingham? Isn’t it the responsibility of the authorities in a civilized society to find out the killers? 

The Attorney General had filed indictments against the four accused in connection with an alleged fraud during the implementation of the Jayalanka Housing Project for the construction of 800 housing units in Trincomalee and Batticaloa Districts between December 1, 2005, and July 5, 2006 for the people affected by the 2004 tsunami. The case had been filed against them for allegedly conspiring to misappropriate Rs.200 million of public funds. The case was dismissed on the grounds of contradictory evidence. Then the court is right, but what happened to the public funds? Has any new investigation been initiated into that?

The Bribery Commission had lodged a case before Colombo Magistrate’s Court against former Minister Johnston Fernando for allegedly using 153 employees of Lanka SATHOSA in political activities while serving as a minister between 2010 and 2014 and incurring a loss to the tune of Rs. 40 million to the government. The Colombo High Court found on January 15, 2021 that the manner in which the Bribery Commission had filed its case against Fernando was unlawful. That was the end. The state, in fact the people have to bear the burden of Rs. 40 million. 

We can recall very famous cases such as the ones against All-Ceylon cricketer Mahadeva Sathasivam and Dr. Daymon Kularatna in 1950s where both had been accused of murdering their wives and later acquitted. Then, in 1988 three medical students including Thrima Vithana had been abducted and killed by burning and driving nails into their heads. Susantha Punchnilame, a politician from Ratnapura and several others were accused and later acquitted. That was it. No fresh investigations were initiated.  

Such incidents, no doubt will contribute to suspicions among the masses that the police file weak cases against powerful people and this will lead to erosion of faith in the law enforcement mechanism and the justice system. In fact, there is always a danger of politicians and powerful people conniving with unscrupulous elements in that mechanism to manipulate the law, in the absence of post-verdict actions to meet out justice for the victims.