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Two Airmen get 9 yrs RI, Rs. 10,000 fine each

by Sarath Malalasekera and Wasantha Ramanayake

Journalists in any part of the world should be free to criticise any person irrespective of his or her position. If any person attempts to intimidate the writer by threatening his life severe punishment should be meted out to him, said the Colombo High Court Judge Sarath Ambepitiya yesterday sentencing the two Airmen, who were found guilty in the Iqbal Athas case, to nine years rigorous imprisonment and a fine of Rs.10,000 each.

In default of the fine the accused were further sentenced to one year's rigorous imprisonment.

The judgement in Sinhala read by the Court Mudliyar for nearly 45 minutes stated that the Forces were there to protect the citizens and not to harass or threaten them.

There was pin-drop silence in the packed court house when the sentence was passed. Iqbal Athas and the close relatives of the two accused were present in court yesterday.

The Judge observed that the prosecution had proved the charges against the two accused beyond reasonable doubt. The Judge ordered the two accused to be fingerprinted.

The two accused had committed offences which should not have been done by such high ranking officers of the Air Force who were supposed to protect citizens. "The charges proved against the accused are of a serious nature. Therefore the services rendered by them to the Air Force as pleaded in mitigation of the sentence is comparatively negligible," the Judge observed.

The two accused, Squadron Leader Rukman Herath, the security officer of a former Air Force Commander and Squadron Leader Sujeewa Kannangara, the officer in charge of the Special Air Borne Force, were indicted by the Attorney General with criminal trespass, intimidation and unlawful entry with weapons into the residence of Iqbal Athas, the Sunday Times Consultant Editor, on February 12, 1998. The two accused were found guilty on these two charges.

Counsel for the two accused pleading in mitigation of sentence submitted to court that the accused were two officers who had served in operational areas in the forward defence line (FDL) for a number of years fighting the terrorists in order to maintain the independence of the country.

Srinath Perera PC said that the first accused had no previous convictions and the witnesses were not bodily harmed and no damage had been done to property. He had fought for the sovereignty of the country as an Air Force officer who was honoured with "Poornaboomi" medal for his four years active service at the battlefront. His client had also saved a former Air Force Commander in several attempts on his life.

Anil Silva appearing for the second accused said that his client was also honoured with the "Ranashoora" medal for his service. He had a five year old child who was a heart patient. He was not previously convicted. Senior State Counsel Preethi Pathaman Surasena moved court for maximum punishment for the two accused as they were found guilty of all the charges against them. The offences that they have committed were very serious, he said.

Senior State Counsel further said that in terms of the amended Offensive Weapons Act the convicts shall be sentenced to fifteen years and the said two charges were included in the sub sections of the act.

Although the senior state counsel did not seek the court to sentence the convicts under the said Act he emphasised that the maximum sentence should be imposed on the accused considering the grave nature of the offenses.

The Forces are there to safeguard the masses and not to intimidate them entering houses in the night, Senior State Counsel added. President's Counsel Daya Perera with T.G. Gunasekera and Rasika Weeratunga watched the interests of Iqbal and Anoma Athas. Senior State Counsel Preethi Pathman Surasena with State Counsel Amendra Seneviratne appeared for the Attorney General.

President's Counsel Srinath Perera with Christopher de Alwis appeared for the first accused Rukman Herath. Anil Silva appeared for the second accused Sujeewa Kannangara.

'triumph for justice'

Meanwhile, Iqbal Athas, Consultant Editor - Defence Correspondent of the Sunday Times, in a statement said; "Today's verdict, almost four years after my family and I were forced to undergo great torment, is a triumph for justice. Like me, I am sure, my media colleagues who venture to tell the truth at the risk of their own personal safety, will draw strength from this victory for media freedom.

"This is a defeat for evil forces. A once powerful few in uniform, together with others who corrupt them, strived to resort to violence and harassment of all forms to suppress the truth.

"While I greatly appreciate the manner in which the former Administration, together with the law enforcement agencies set about bringing the wrong doers to justice, there are many other un-investigated crimes committed against journalists that need prosecution.

"This verdict should, however, not be viewed as a reflection on the Sri Lanka Air Force, where the vast majority of the officers and men are honourable, dedicated and steadfast in their commitment to justice and fair-play. They continue to do their nation proud."

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