News
Autopsies prove Minister, Prisons and Police wrong
Clashes among Mahara prisoners caused deaths?
*SJB points out AG faulted IGP over Mahara riot
By Shamindra Ferdinando
Investigations into the Mahara prison riot that claimed the lives of 11 inmates and wounded over 100 recently have taken a new turn with eight post mortems conducted so far revealing that all of them died of gunshot injuries.
In the run-up post-mortems conducted by a five-member team comprising four consultant judicial medical officers and a ballistic expert from the Government Analyst’s Department, both police headquarters and the Office of the Commissioner General of Prisons repeatedly alleged that the deaths were due to fierce clashes among remanded suspects and convicted prisoners.
Clashes erupted following protests launched by inmates demanding immediate measures to thwart the spread of the corona epidemic in the Mahara prison. So far, over 3,000 positive cases have been reported from prisons.
Police spokesperson DIG Ajith Rohana yesterday (25) confirmed that autopsies revealed all eight bodies bore marks of gunshot injuries. Asked how many statements had been recorded by the police so far in connection with Mahara riots, DIG Rohana, who is also the senior officer in charge of the Police Legal Division, said wounded inmates were among 726 questioned by Thursday (24).
At the time of the Mahara prison riot, approximately 2,800 persons, including 600 convicted were held in the overcrowded facility.
Prisons Management and Prisons Rehabilitation Minister Lohan Ratwatte, having visited devastated Mahara prison told Parliament on Dec 3 that none of those killed during the riot had suffered gunshot injuries.
The Attorney General’s Department made an application at the Wattala Magistrate’s Court for the appointment of a panel of experts to conduct the post-mortem on Mahara victims when the family members and rights activists called upon the government not to cremate them without a post-mortem.
The Human Rights Commission of Sri Lanka (HRCSL), too, intervened in the matter. The HRCSL instructed the Ragama Hospital to retain bodies till the autopsies were conducted. Three autopsies have yet to be conducted.
At the onset of the investigation, the focus was on claims by the Police headquarters and the Prisons Department that the rioters had been under the influence of drugs. Both Departments said the Prison Dispensary had stored over 21,000 tablets prescribed for mental disorders, and sleeping pills.
Samagi Jana Balavegaya (SJB) Colombo District MP Mujibur Rahman yesterday (25) told The Island that the government owed an explanation as to how all autopsies conducted so far had proved inmates died due to gunshot injuries.
At the time of the riots, Dr. Sudarshini Fernandopulle was in charge of prisons. Soon after the Mahara violence, Kandy District lawmaker Ratwatte succeeded Dr. Fernandopulle.
MP Rahman said they were awaiting the autopsies of the remaining three bodies and that in spite of clear evidence of fatal shootings, both Police Headquarters and Prisons Department continued to insist that the deaths had been caused by clashes among remand prisoners.
MP Rahman pointed out that Attorney General Dappula de Livera, PC, had blamed IGP C. D. Wickremaratne for congestion in prisons while President Gotabaya Rajapaksa faulted the Government Analyst, the AG and the police for the prison crisis.
MP Rahman said that State Minister Ratwatte should reveal the person who assured him that none of the Mahara deaths had been caused by gunshots.
Magisterial inquiry in respect of Mahara killings resumes at the Wattala Magistrate court on Wednesday (Dec 30).
Lawmaker Rahman said that the government couldn’t turn a blind eye to the report submitted by a five-member committee headed by retired High Court judge Kusala Sarojini Weerawardena that justified the inmates’ grievances. The SJB spokesperson asked whether the government had made a deliberate bid to deceive Parliament and the people. Some government members went to the extent of complaining of a conspiracy to discredit President Gotabaya Rajapaksa and the government by engineering Mahara riot.
Rahman said that the ongoing investigation should clarify AG’s statement as regards the IGP’s culpability and added that he had never heard AG making such an allegation against a serving Police Chief.
The SJB MP noted that the accusation was made in the presence of Justice Minister Ali Sabry, PC and Chief Justice Jayantha Jayasuriya.
Rahman asked the government who would accept responsibility for the Mahara killings.
The AG alleged that the Mahara incident could have been avoided if the IGP had carried out instructions the former had issued in April this year. MP Rahman said that the government couldn’t absolve itself of the responsibility for Mahara killings. He said all the victims had tested corona positive.
News
Judicial vacancies: President keeps country guessing
The NPP government has not taken a final decision regarding filling of the vacancies in the judiciary.
A group of Opposition MPs, led by SJB leader Sajith Premadasa, on 12 June, requested Speaker Dr. Jagath Wickremeratne to take up the issue of judicial vacancies with President Dissanayake. Opposition sources said that there were four vacancies, each in the Court of Appeal and the Supreme Court, and the inordinate delay had adversely affected the judiciary.
Government sources indicated that there was no change in the status quo as regards filling of vacancies. Referring to the government proposal to extend the retirement age of judges, authoritative sources said that no final decision had been taken yet.
SJB lawmaker Dayasiri Jayasekera told The Island that they would raise the issue in Parliament this week.
He said that the deliberate delay in making appointments to superior courts and the move to extend the retirement age couldn’t be taken separately.
The MP noted that the Bar Association of Sri Lanka, the Lawyers’ Collective, the Colombo High Court Lawyers’ Association, Colombo Magistrate’s Court Lawyers’ Association and the Bar Association of Badulla had opposed the government move.
There hadn’t been any public statements in support of the government move, MP Jayasekera said, urging the government to end uncertainty in the judiciary.
by Shamindra Ferdinando
News
Sajith calls on Opposition parties to rally around SJB
SJB leader Sajith Premadasa has invited the UNP and other political parties to join his party. Premadasa, who is also the leader of the Opposition, has emphasised that the UNP and the SJB could reach a consensus on policies but his party wouldn’t, under any circumstances, accept whatever formula to share positions. Premadasa said so, speaking to the media over the weekend, after meeting the Mahanayaka Thera of the Malwatta Chapter of the Siyam Nikaya Most Venerable Thibbatuwawe Sri Siddhartha Sumangala Thera.
A statement issued by the Opposition Leader’s Office quoted MP Premadasa as having extended an invitation to all political parties to give up extremist policies and join the SJB.
The SJB leader alleged that the NPP government feared facing elections and that was the reason for the inordinate delay in holding Provincial Council polls. PC polls were last held in 2012, 2013 and 2014, on a staggered basis. Premadasa said that if PC polls were held his party would definitely win the majority of PCs.Premadasa also urged the government to reduce electricity tariffs and fuel prices.
News
Ex-EC Chief slams govt. over PC polls delay
Former Chairman of the Election Commission, Mahinda Deshapriya, on Saturday, strongly criticised the continued postponement of local government elections, declaring that every day without elections constitutes a violation of both the Constitution and democratic principles.
Speaking during an interview with journalist Bhanuka Rajapaksa, on Hiru TV, on Saturday, Deshapriya described the current administration of local government institutions by unelected officials as fundamentally undemocratic and contrary to the spirit of representative governance.
Deshapriya said local authorities, across the country, are presently being managed by secretaries and bureaucrats rather than elected representatives, depriving citizens of their democratic right to be governed by individuals, chosen through the electoral process.
“If the Constitution recognises and provides for local government institutions, then it is the responsibility of the State to ensure that elections are held and that these bodies are administered by representatives, elected by the people,” he said.
Deshapriya rejected attempts to justify the prolonged delay, arguing that responsibility for the situation rests with the government.
He noted that while various political parties have publicly stated their readiness to face elections, the ruling administration possesses the authority to resolve any issues relating to the electoral system.
The former Election Commission chief pointed out that the government enjoyed a two-thirds majority in Parliament, enabling it to enact any legislative amendments required to facilitate the conduct of elections. Instead, he said, successive committees and review processes had been used to postpone a final decision.
He also referred to efforts by opposition legislators who have moved motions seeking to address concerns relating to the electoral framework and expedite the holding of local government polls.
Deshapriya warned that any attempt to appoint a fresh delimitation committee could further delay the electoral process, making it unlikely that local government elections would be held within the current year.
He also dismissed claims that financial constraints have prevented the conduct of elections. Expressing surprise at such assertions, he questioned how funding shortages could be cited as a reason for postponement while expenditure continues in other sectors.
According to Deshapriya, the existence of laws establishing local government institutions imposes an obligation on the State to ensure that those institutions are populated through democratic means.
“The legal framework exists. If elected representatives are not appointed through elections and institutions continue to function under unelected administrators, that is a failure of the State,” he said.
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