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Medico-Legal Society a multidisciplinary professional body - Chief Justice Sarath N. Silva

by Sarath Malalasekera

The Medico-Legal Society is a multidisciplinary professional body which brings under one canopy the professional activities of those engaged in Forensic Medicine and Pathology; Scientiic Analysis in criminal investigations, Police investigations; lawyers, in particularly criminal lawyers kind, said Chief Justice Sarath N. Silva PC at the annual general meeting of the Medico-Legal Society held at the Galle Face Hotel recently.

Chief Justice Sarath N. Silva PC, the outgoing President of the Society inducted the new President of the Society Dr. Lakshman Weerasena.

Dr. Ananda Samarasekera and Senior DIG Chandra Fernando were elected as the Vice Presidents, Dr. Ajith Tennakoon and Deputy Solicitor General Palitha Fernando were elected as Joint Secretaries of the Society. Colombo City Coroner Edward Ahangama was elected as the Treasurer of the Society.

The Chief Justice said that historically, we have come together because our respective professional activities converge at the point of criminal investigations especially in respect of offences involving physical violence and the process of the administration of justice in this regard.

'Our association is a useful plank to interact socially in the backdrop of this convergence in our professional lives', the CJ added.

The Chief Justice emphasised that basically there are two ways of assuring law and order. From a historical perspective the traditional method of assuring law and order was the imposition of cruel and torturous punishments in a summary manner in respect of any transgression - Robert Knox has in his book given a blood curdling account of a place of execution in the Kandyan Kingdom.

The other, is to develop and extremely efficient and effective system of criminal investigation. The latter is indeed the civilized path in accordance with our commitment to the protection of Human Rights.Switzerland is an example of such a system. In the idyllic setting amidst placid lakes and snow-capped mountains, one could move about freely without any threats of security to person or property.

Quoting an incident, the Chief Justice said that a Canadian Professor living in Switzerland killed his wife and dumped her body on a mountain slope.

The gathering snow took the body further down and covered it. The Professor went to Paris and made a bogus complaint to the French Police that his wife disappeared after their arrival in the city by rail. Thereafter, he went to Canada. After the snow melted several months later, the Swiss Police found some items of clothing of the dead wife and parts of her body on the mountain slope. Painstakingly they collected the items and fixed the identity as the remains of the Professor's wife.

They tracked the Professor down to Canada but the Canadian Law prohibited extensive interrogations of the suspect. The Swiss Police kept a tab on the Professor and after a considerable period of time when he arrived in another country to attend a seminar, he was arrested and brought to Switzerland. A long and protracted investigation commenced in the course of which the Police with meticulous efficiency elicited evidence to secure a conviction. The narrative picks up a statement by the Police officer investigating the suspect Professor to the effect that in that country no person could commit such an offence and hope to get away. The Professor was finally convicted and imprisoned for a long period.

The Chief Justice said that this is an example of a ruthlessly efficient system of criminal investigation.

The peaceful society that referred moves on only in the background of such ruthlessly efficient system of criminal investigation. 'We have to emulate such a system and not descend to a ruthlessly cruel or torturous system of investigation,' the CJ added. State Counsel Miss Ayesha Jinasena was elected as the Assistant Secretary, Professor M. S. L. Salgado and S. B. W. de Silva were elected as Editors of Transactions.

Chief Justice Sarath N. Silva, PC, Court of Appeal President Justice Shiranee Thilakawardena, P. Hema Manatunga, Dr. A. R. L. Wijesekera, President's Counsel Daya Perera, President's Counsel M. L. M. Ameen, former BASL President Upali Gooneratne, retired Senior DIG Mitra Ariyasinghe, Prof. Ravindra Fernando, Colombo South JMO Dr. S. M. Colombage and Dr. R. A. D. Kumarawickrema were elected to the Council.

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