Asian Human Right’s Commission
Hong Kong
Dear Mr. Fernando,
Value of Equal Opposition
(February 09, Melbourne, Sri Lanka Guardian) I refer to your article published in today’s Sri Lanka Guardian, under the heading ‘AG Compromises Authority of High Court’.
You state ‘In this compromise deemed suitable by the Attorney General, the people will see that a mockery of the law has taken place. If a murder charge can be dropped because jurors can be intimidated, or because the accused enjoy political patronage, there is no reason for people to trust the law enforcement capacities and legal obligations of the state.’
You do seem to be distressed over the disintegration of the legal system in Sri Lanka. As a Tamil, I find myself distancing myself from such situations. To me, it has become largely a ‘Sinhalese’ issue. I myself am appealing against a judgment by the Colombo Courts in relation to my property in Colombo 5 – which the courts acknowledge was bought legitimately by me but the courts still dismissed my complaint that Mr. Piyadasa had illegally sold the property to Induruwa Gamage Somi Nona, in 1992. I myself bought the property from Mr. A.T. Benedict – Director of Studies at the Institute of Chartered Accountants at the time I started my professional studies.
The Courts referred to the fact that I was living in Australia and that I had not physically visited my land since 1982 – the year I left Sri Lanka, to earn money in Papua New Guinea. I stated during the hearing that I intended to establish my own business in Sri Lanka (which I have since done even though the courts facilitated for my land to be taken over and sold by a Sinhalese to another Sinhalese). The Court seemed to take into account the claim by the first occupant that he was earning a living through our land.
As per the evidence acknowledged by the Courts – ‘the 1st defendant Hewagodarage Piyadasa said that at the time he came into occupation of the land it was a leafy vegetable (Keera) plot and a grassland. He said that from 1961 he is possessing this land and that this land does not belong to anyone….He said that later in 1992 he sold this land to the 2nd defendant.’
I gave evidence that I had been actively visiting that land since I bought it in 1978. Others including our surveyor also gave evidence that he had surveyed the land. My father in law who remained in Sri Lanka was fully involved in this but he went to Jaffna during the 1983 riots and passed away there.
The courts, dismissed the evidence of those who showed respect for the legal system and produced documents of title as per the legal system. In addition, the Courts failed to give validity to my evidence and the evidence of educated persons in official professions – such as the surveyor and valuation officer who took care of my land after my father in law passed away. The court upheld as just – the claim of Piyadasa – who claimed he was earning a living by using someone else’s land. In addition, the court in effect has approved the sale of that land by Piyadasa – thus upholding that it was in order for him to derive an income by occupying and then selling others’ land.
Mr. Fernando, the Sri Lankan courts have let themselves and the educated society down through such irresponsible judgments. The value of our education was ‘dismissed’ and the mere word of our opposition – Sinhalese without any evidence of professional education and training – was taken as valid. Piyadasa did not have to provide objective evidence of his claims. My objective evidence (title documents and survey plans) were disregarded. That land, even though bought through my hard earned money – was the medium through which I realized the Truth about Sri Lankan courts at that level. Our investments in the legal system above the level of Piyadasa who spoke through Judge – his judge and not mine – is a waste. I may win the case when my appeal is heard but it is a shame that the courts disregard the evidence of educated people (all our witnesses are Tamils) to uphold the mere word of one who claimed to be Keera trader.
As we sow, so shall we reap. If the likes of you are in touch with the ordinary folks, the conduct of the Attorney General would not come as a surprise to you. Extending my experience to the ethnic situation in Sri Lanka, I do not rely on the army officers to value my education but seek to connect to their Truth through my faith in Lord Buddha.
It is in the interest of the educated amongst majority Sinhalese, to promote the Equality of races. Like a spouse from outside, we reflect through our Truth, your ‘other’ side. When you do not have an equal opposition, you have to wait for ‘time to tell’. Subjective faith is the key factor in vertical systems – including in professions. We see only One outcome and the rest is allocated to Due Process and Faith. If you straighten that vertical line – we see the whole laterally and immediately. Each one sees as per their angle.
The courts in my case saw the evidence of Mr. Piyadasa who is of the same race as the Judge. That judgment until dismissed will keep pulling the value of the legal profession down. My evidence is true – whether or not the court recognizes it. Each time I feel hurt about the judgment – your legal system gets damaged to that extent. That is the system of karma which works on the basis of Truth. If indeed, I had bought the land – due to excessive money and Mr. Piyadasa had indeed taken care of that land as if it was God’s and respected the opportunity to grow Keera for a living – then there would have been some Natural Justice to his claim. Given my character that could never have been the case. I sacrifice earned benefits to facilitate job opportunities for real workers.
Manipulation of evidence is nothing new for the Sri Lankan legal system. To become democratic, it needs to move towards giving preference to Objective evidence over subjective evidence. Subjective evidence again needs to be on the basis of the investment of the witness in the legal system, professions and other common systems. These fundamentals need to be addressed immediately if the legal system is to support multicultural life in Sri Lanka.
The other alternative is to invest in Truth. Truth never fails. Every genuine seeker of Truth will find justice from within. I have through the God within me.
Post a Comment