Expert testimony in sensational murder case analysed

Review: C. R. de Silva Solicitor General

A murder in Ceylon

The Sathasivam Case

Author: Ravindra Fernando

Vijitha Yapa Publications

CRIME: Prof. Ravindra Fernando's book 'A murder in Ceylon' covers in great detail the famous Sathasivam murder case, which evoked much public interest in this country. Prof. Ravindra Fernando, needs no introduction in the field of Forensic Medicine.

He has been one of our leading Forensic Pathologists for a considerable period of time. Apart from the field of Forensic Medicine, Prof. Fernando has interested himself in various other disciplines such as Human Rights and Politics.

Prof. Fernando in his book has analyzed in great detail all evidentiary aspects relating to expert testimony as well as the evidence of lay witness of fact.

He has spared no pains in conducting a very comprehensive research on the numerous aspects of this case which includes forensic medicine, law and also the rules governing evaluation of credibility of witnesses.

Legal principles

As for me, although I have quoted the judgement of Regina V. Sathasivam on innumerable occasions in court, I have not been conversant with the various factual aspects behind the numerous legal principles that arose for consideration in the course of this trial. The reason being the absence of any publication which dealt exhaustively with the factual aspects of this case.

In this regard, I am personally indebted to Prof. Fernando, for giving me an opportunity to educate myself, on the numerous evidentiary and legal aspects that came up for consideration during the trial.

The author in his characteristic readable style, has dwelt very clearly and lucidly into the evidence as well as the arguments which came up at the trial.

I think I would not be doing justice to the great work of Prof. Fernando, unless I briefly refer to some of the important factual and legal aspects, that went before the jury.

Sordid murder

The accused in this case was a household name in the field of cricket and he was arranged for having murdered his wife on October 9, 1951.

The principal witness was one William, a young servant boy employed by the deceased. William, who was an accomplice in this sordid murder, was granted a conditional pardon by the Attorney General.

According to the prosecution the murder had taken place around 9.30 a.m. before the very eyes of William. In his narration of events that took place on the fateful day he had been in the kitchen preparing the mid-day meal, when the accused had come there and sought his assistance to murder his wife.

William stated that the accused had told him that his wife had filed a case for divorce against him and he had further stated that her case would, in all probability, be decided in her favour and therefore it was necessary to murder her.

The prosecution alleges that this was the motive for the killing. The accused had promised William some gold jewellery worth three to four hundred rupees for his services.

Feeble attempt

According to William the accused had taken him to the master bed room wherein they found the deceased seated on the bed. Thereupon the accused had gone up to the deceased, pulled her down to the floor and strangled her with his bare hands.

William had helped the accused by holding the deceased in the region of her hips and in the process the deceased had made a feeble attempt to grab William. As a result, William suffered a few abrasions on his face and the right forearm.

At one stage, according to William, the accused had got up and trampled her throat. Thereafter the accused had removed the Thali, a gold bangle and a ring the deceased was wearing and given it to William.

William then described how he assisted the accused to carry the dead body to the garage through the kitchen. After the body was dumped in the garage William had made his escape to his home town in the deep south having sold the jewellery at Wellawatta and Panadura.

William categorically states that the murder had taken place at 9.30 in the morning. It transpired that the accused had left his marital home in a taxi which he had ordered from Quickshaws around 10.30 a.m.

The accused took up the position that when he left the house at 10.30 a.m. he was seen off by the deceased and it was the position of the defence that the murder had taken place after 10.30 a.m.

The time of death in this case played a crucial role in the determination of the guilt or innocence of the accused. Prof. G. S. W. de Saram took up the position that the death had occurred between 11.15-11.45 a.m. That is admittedly after the accused had left the house.

The opinion of Prof. de Saram was supported by Prof. Sydney Smith who was called by the defence. On the other hand Prof. Milroy Paul and Prof. M.V.P. Pieris disagreed with both Prof. De Saram and Sir Sydney Smith.

Prof. Ravindra Fernando has itemized the medical evidence of these medical experts regarding the methods employed by them relating to the estimation of the time of death.

I would think that the expert evidence narrated by Prof. Fernando from pages 136 to 270 provide ample material for any lawyer to effectively deal with medical evidence, in a case where the time of death becomes relevant. On behalf of the legal fraternity of this country I must thank Prof. Fernando for educating us on this important aspect of forensic medicine.

Abrasions

Another aspect of this case highlighted by the author was the presence of two abrasions on the back of the deceased between the two shoulder blades.

It would be interesting to note that Sir Sydney Smith having arrived in Ceylon had on his way to the hotel, visited the scene of the crime and he had observed a protruding metal clasp by the kitchen door.

This metal clasp was situated at a height of 3 and half feet from the floor. He went on to state that those injuries between the shoulder blades had been caused as a result of the deceased being pressed against the surface upon which the metal clasp was fixed.

This evidence necessarily shifted the place of offence to the kitchen and completely contradicted William's evidence that the murder took place in the bedroom upstairs. This was another aspect of medical evidence which militated against the guilt of the accused Sathasivam.

I would refer to another interesting aspect that necessarily caused a serious doubt about the truth of William's version of the crime. Prof, G.S.W. De Saram had found some dark fluffy material on the soles of the deceased.

This tallied with the floor scrapings taken from the kitchen floor. This evidence created a further doubt about the veracity of the testimony of William, that the murder took place in the bed-room.

These aspects of expert evidence have to be viewed in the light of the position taken up by William in his statement made soon after his arrest at the Matara Police Station where he admitted that he had strangled the deceased when she came into the kitchen while he was scraping coconuts for the preparation of the midday meal.

This position is further confirmed by the discovery of "fragments of fine black powder" by Prof. De Saram in a depressed abrasion found in the lower Jaw.

The Govt. Analyst opined that this powder was coconut fluff. If the murder took place in the bedroom there would have been no way that coconut fluff would have been found on the deceased.

This would be additional material which clearly points to the murder being committed in the kitchen and would also support the theory advanced by the defence that Willian had strangled the deceased in the kitchen when the latter had come there while William was scraping coconuts.

The items of expert evidence I have discussed were undoubtedly of great importance in the final outcome in this case.

Finally, may I say that had I been a member of the jury I would have without much hesitation come to the same conclusion that the seven members of the jury came to in this celebrated case.

Visual treat for children

The Festival of the Sacred Tooth

Author: J.B. Disanayaka

A Sumitha Book

117/7 Pieris Avenue, Kalubowila.

Price Rs. 175

HERITAGE: The Festival of the Sacred Tooth is the second volume in a series entitled 'The Wonder that is Sri Lanka' which proposes to introduce some of the cultural festivals and places of cultural interest that make Sri Lankan culture a unique one.

The first volume of this series is titled 'The Festival of the Sun-god'. It explains the cultural meaning and sociological significance of the New Year Festival held in April.

The present booklet is on the cultural festival known as the Dalada Perahera held in Kandy in Esala. It aims to explain the cultural meaning of this festival.

It presents many unknown facts about the Sacred Tooth and the Temple in which it is housed. It answers, for example, questions of the following kind:

* Why is this Festival held in the month of Esala (July-August)?

* How did one of the teeth of the Buddha become a sacred relic with political power?

* Why is a religious relic housed in a palace (Maligava)?

* Why has the Dalada Maligava been declared a 'high security zone'?

* Who brought the Peraheras of the Four Devales and the Dalada Perahera into one? and Why is the ritual that ends the Perahera known as 'the water cutting' ceremony? How can one 'cut' water?

All illustrations are paintings by Nihal Sangabo Dias. Some of them are based on murals found at the Maligava itself which the pilgrim usually misses.

The booklet is printed on glossy paper and it is a visual treat to children.

Thiru excels in poetic art

Review: Colin Clark

Poetry from the East

Author: Ratnam Thiru

6/2, Sixth Floor, Victoria Court

54, St. Lawrence Road, Colombo 6

200 pp Price Rs. 300

POETRY: "The East is East! The West is West!

And the twain shall never meet!" Rudyard Kipling must have been either correct, or he badly erred in his assessment of the East-West relationship at the time he lived!

Today, however, the East has inextricably intermingled with the West! For, the Western countries have adopted a great deal of the habits, customs and life-patterns from the Eastern countries, and vice versa!

Ratnam Thiru is truly an Asian intellectual combining the ideals and cultures of both the Eastern and the Western hemispheres. His book of poetry which is titled "Poetry from the East" underscores this fact.

It consists of 43 English poems written in clear language, brimming with the author's novel thinking and packed with rhyme and rhythm!

The book deals with a variety of interesting themes including religion, nature, environment, social issues, and romance. It covers 200 pages and is beautifully designed and brightly illustrated.

In my view that Ratnam Thiru is undoubtedly a born-poet. I read his book in depth, at my own pace, and am convinced that he can be classed with the illustrious contemporary Asian poets.

He is a wonderful personality, amiable, vibrant, yet unassuming! What is more, he is an out-and-out altruist in out look and action.

His passion for writing poetry dates back to his youthful age of 16 years, when his first poem, titled "What became of thee, O' the majestic mansion" was published in the South Indian magazine 'Spring' in 1950. His passion to write is still fresh, distinct and undying. His poetry is imbued with colour, charm, imagery, diction, plenty of rhythm and rhymes.

All the stanzas of his poems sound rather melodious in effect, and are presented in a simple appealing linguistic style of his own.

He has had a chequered career profile, but basically, he has continued to be, and still is, a poet. He exemplifies an Asian contemporary poet par excellence. One can gauge the calibre of the personality of poet Ratnam.

Thiru, if one reads his poetry in depth, not cursorily, it emerges into its true perspective, as one delves deep into his poems. Let me single out and quote here some of the stanzas from his book of poetry and comment on them, for the benefit of all those who are keen to get to know him.

First, he deals with Hindu religion. His favourite deity is Lord Shiva whom he staunchly and fondly worships:

"His heart of mercy, His smiling face,

His very holy sight

Pour and pour His sweeter grace

That overlies His might!

"The Lord of killing cares and griefs

Fell apart like dropping leaves!

Full of reverence, I fell on knees

And begged my Lord for bliss and peace!"

The Buddha too captures His attention. For Him, all religions are acceptable on an equal footing. Identically, the saints and sages of all religions have done their best for the humanity, and He views them reverently in a dispassionate unbiased manner.

"Venturing out of the palatial hold

And exposed to the outside world,

Hard realities touched Him cold!

Old age, sickness, and death, all rolled!

"Poverty, misery, perils and pain!

These sombre stains of humans main!

This noble youth felt all these lain

On mundane life in endless train!

"These harder facts He came to know,

Threw aside His royal glow,

A bogus life of mirth and show,

And took a vow of ascetic go!

"Yellow robes, a calmer face,

A tender heart, a kindly gaze,

A prophet of faith in divine ways!

O' a serene sage of radiant rays!

The poet now moves away from the religious domain and becomes enchanted with Nature. The jasmine blooms fresh and glorious at the break of dawn, simply enrapture Him:

"O' Graceful booms! A joy to eye!

You toss and dance in drift!

You thrill my heart with a thousand by

In overwhelming spirit!

"O' tender blooms! A graceful sight!

A splendour of pure white!

In greater rapture, I stay and view

Ye, charming jasmines new!

"The welkin in blue and the lunar light

The sunny day and the starry night

Oceans deep, and hills of height!

They sway me not, but jasmines white!

The poet stands spell-bound by the life - like sculptures. He admires their beauty. What a sumptuous feast to his eyes.

"I gazed upon them for days and days!

They charmed me with their sweeter grace!

At temples, shrines and story caves,

Their splendour, pure and pristine, stays!

"Graceful, shapely and life-like forms!

They tell their tales in mystic terms!

They beautify the lowers and domes!

From age to age, their marvel roams!

Well, on the matter of romance, poet Ratnam Thiru is no back-bencher. Undoubtedly, he is a front seater, rather a front line forward marcher.

He defines love in very unmistakable terms, in his verse "Love Defined". This definition will surely prove a revelation to the young and old alike.

Besides, he depicts the comedies, the tragedies, the triumphs, the set-backs, the brighter and sombre aspects of youthful romance. In a picturesque style and in a flowing language of his own, he vividly portrays the grim realities that beset the romantic lives of the younger generation.

To put it in a nutshell, in my view, poet Ratnam Thiru excels in his poetic art. Frankly, he is a poet of exceptional talents and merits. He has wielded his pen adroitly, beautifully and effectively. An in-depth reading of his book will surely sway the hearts of many of his readers.

This exercise will sustain them in rapture, not only in the afterglow of such reading, but may continue its pleasant impact throughout their lives, whenever they revert to such a reading pleasure.

This book of poetry has not only circulated in Sri Lanka, but it has gone beyond the Sri Lankan shores to overseas countries like Singapore, Malaysia, Australia, India, Canada and the United Kingdom where it is being read and appreciated. Evidently, good wine needs no bush.

Realities of human sexuality

Review: Sydney Knight

Swimming in the Monsoon Sea

Author: Shyam Selvadurai

Penguin Books India, 2006.

Indian Rs. 250

FICTION: From the fiction writing pen of Shyam Selvadurai, the book reading fraternity has yet another work of art.

This Sri Lankan born Canadian gave us his now famous 'Funny Boy' (1994) and 'Cinnamon Gardens'.

As one opens the book 'Swimming in the Monsoon Sea', we see Selvadurai telling us 'this novel, though fictional, is filled with details from my happy childhood in Sri Lanka: as a way to enshrine that time, and to, perhaps, bid it goodbye'.

He has dedicated his book 'to those wonderful companions of my youth: my brother, Tino, and my sisters, Pnina and Revathy'.

This book has as its context, Sri Lanka, 1980. Using 21 chapters, the story unfolds the life of a boy. The story sets its title from the monsoon season in Sri Lanka.

The story is centred round the love of this boy for his boy cousin from Canada, on a vacation in Sri Lanka with his father.

Shakespeare's 'Othello' is part of this story. For the main character, the boy, is involved in his school's production of this Shakespearean play. His school is involved in the annual inter-school drama festival.

The boy concerned has in the year before played a female role and won an award for himself and his school.

Selvadurai with his creative pen handles the feelings and emotions of a boy falling in love with a boy.

In the context of the realities of human sexuality very specially in the West, Selvadurai's fiction is very topical, what single sex unions and blessings in the said part of the global village.

It is certainly a good book to possess and read. It is easy reading.