Even minimum burden of proof undermined due to judicial intervention

by Our Jaffna Correspondent

(April 06, Jaffna, Sri Lanka Guardian) Sri Lanka Guardian reported on 2 April 2011about the inhuman conduct of the police and the army towards the accused in a family dispute ( Read our previous report ). The unruly handling of the family quarrel has taken further twists and turns and has exposed the pathetic state of rule of law in the northern Sri Lanka.

We reported that the accused was asked to appear before the ‘Magistrate Court on 28 March 2011 and respond to the charges of stealing properties of Sudu Nona’ and that ‘at the brief hearing, the victim denied the charges and he was ordered to appear for a full hearing on 27 April 2011 with his father and the neighbour.’

Following the Court Order, the victim-the nephew of Sudu Nona, was visited by the police at his home at Mootha Vinayagar Road off Kachcheri Nallur Road, Jaffna and was asked to report at the police station on 4 April 2011 at 4.00pm to deal with a fresh complaint by Sudu Nona’s daughter who is currently on holiday from the United Kingdom.

The victim had visited the police station but the police had to postpone the meeting as the complainant did not turn up as agreed. According to information, the police wanted to arbitrate to end the conflict between quarrelling parties. In the absence of the complainant, the police had to postpone the appointment to the 8 April 2011.

Whilst this had taken place, the police had visited the victim at his house in the evening of 5/4 and had taken the accused to the police station without giving any reasons. At the police station, he was kept in the police cell and then later sent to the prison.

Inquiries made by the relatives of the victim in Paris and London confirm that Sudu Nona’s daughter who is a Russian qualified non practicing medical doctor who had immigrated to the UK three years ago and living in Ilford, London had visited the Magistrate at his home and obtained an open warrant on a hearsay charge to arrest her cousin- the accused. The judge without any reference to the police had issued the warrant for the arrest of the accused. It is claimed that the accused was not told, shown or given a copy of the charge sheet or the warrant for the arrest.

Inquiries also reveal that the complainant had reported to the Magistrate to deal with the very same complaint she had made to the police that the victim had come in his three wheeler with four others and created mayhem at her place. Unhappy with the police effort to arbitrate, the angry complainant has reached the Magistrate to issue an arrest warrant to arrest the victim.

According to the victim’s family members, there was no incident of accused creating mayhem at the complainant’s place and the complaint was propped up to harass the accused.

The magistrate had ordered for a hearing on the complaint on 6 April 2011 at his residence.

According to concerned relatives of the victim in London and Paris, the torture by the army and police on the previous arrest has not been investigated and the governments Human Rights body too has not pursued the matter further. It is also claimed that the police had not dealt with the accused uncle, who hit his nephew with the coconut on the head and caused injury to him.

According to information, approaches by the family members to end furore has received the wrath of Sudu Nona. She had shouted and screamed at them with abusive language and has angrily slammed the phone. The relatives in Jaffna are said to fear to intervene due to Sudu Nona’s connections with the army.