A gruesome fatal motor accident

Ananda Jayasena Retired Supdt. of Police

In the year 1958, I was transferred out from the Police Training School as a Probationary Sub-Inspector to Kollupitiya Police station and was lucky to be there for three years till I was confirmed in my post in that rank.

Kollupitiya Police Station was at the same place where it is now but in an old dilapidated Dutch building.

OIC Kollupitiya at that time was Inspector W. T. Sanders, a public school athlete from Trinity College Kandy. Inspector crimes was D. L. Liyanage and OIC Traffic was S. I. T. B. Ilangakoon. S. I. Newton Perera had been just promoted as an Inspector and after the refresher course he was posted to Kollupitiya as OIC Administration, from the Training School. He had joined the Police Department in the lowest rung as a constable and has had rapid promotions due to his efficiency. He knew his work inside-out and was an able prosecuter in Courts. But he lost his job in police due to various reasons.

Helpful

Newton Perera as a Police officer was very helpful to beginners like me and was always there in time of need.

On 15th of March 1959, around six p.m. a case of fatal motor accident was reported from Galle Road opposite Durdans Private Hospital and the driver had fled without stopping or reporting the accident.

As OIC Traffic was on day's off on this Sunday, IP (Admin) wanted me to take up inquires into this hit and run case. PC 5632 Bandara of the traffic branch and I left to the scene of the accident.

On the sea-side of the Galle Road and opposite the Durdans Hospital was a large manhole, in which lid had been removed for cleaning and kept on a side, and three men had been cleaning the this manhole. One labourer had been holding a large red flag, in the center of the road 30 yards away and towards Bambalapitiya, the second man had been on the sea side pavement. The 3rd had been working inside the manhole. A Ford Zephur light green coloured car had come at a very fast speed from Bambalapitiya.

The man with the red flag had escaped by jumping away from the path of this on coming car, and at the very moment the labourer who was inside the manhole had come out of it and the Zephur Car had knocked him. His body had been broken into two, the lower part had fallen back to the man hole whilst the rest of the body above the waist had been carried about four-yards towards the direction of Ford.

Both labourers, who were not injured had noted the car speeding and according to them the only occupant in the car had been the driver.

The deceased was one Ismail Faleel, a municipal labourer residing at 28/14, Municipal Flats, Maligakanda and the other two witnesses were also municipal labourers namely P. Kandesamy and Abu Bucker of Municipal flats, Maligakanda.

The body of Faleel was sent to General Morgue, Francis Road, Borella in a Municipal ambulance. A sketch of the scene was drawn and the statements of the two labourers were recorded by me. Both of them could say was that it was a light greenish large car and only the driver was present at the time of the accident. I heard someone in the crowd stating that this car came out from the petrol shed. The petrol shed in question was about 75 yards away, towards Bambalapitiya in the sea side, just by the road.

Attendant

I went to the petrol shed, there were three men. The Manager, a clerk, and a petrol attendant. The Petrol attendant came towards me and said that he saw the accident. He gave his name as Ignatius Gregory Gomes of 23 Boswell Place, Wellawatte. He stated that he was on duty from 2 p.m. onwards. Hiring car No. 5 Sri 3169, a Taxi was parked by the side of the entrance to the shed by its driver Walter Zoysa, and at this stage light green coloured Ford Zephur car came from the direction of Bambalapitiya entered the shed in an excessive speed and the front buffer brushed the rear of the offside of the taxi. There was a noticeable scrape in the Volkswagen Taxi and the driver of the Zephur gave Rs. 35 to mend the buffer and paint it, The driver of the Zephur pumped three gallons of petrol, paid the bill and drove off at a high speed. He left the petrol shed, the pump attendant came to the road and he saw the car speeding about 100 yards ahead and proceeding without stopping. He remembered the number of the car as 3 Sri 957 and the last digit was fallen off the rear number plate. I also recorded the statement of Walimuni Walter Zoysa the taxi driver. He too corroborated the statement made by Gregory Gomez.

When I came back to the Police station it was 8.00 p.m. Inspector Newton Perera was still there. He read through my notes of inquiry. A message had already came from the City Corner Tiruchelvam that the inquest to this fatal accident will be held at the General Morgue at 10.00 a.m. on the following day.

Inspector Newton Perera briefed me and instructed me to lead the evidence of the petrol shed attendant Gomes, and thereafter to collect a few strands of the hair of the deceased and also to get blood samples and pieces of cloth from his wearing apparels at the post mortem. Newton Perera also spoke to Superintendent of Police Headquarters over the phone and got his permission to send messages to all Police Stations and Newton Perera wrote the following message in the station Telephone Register which read thus -

From I G Police: To all OIC C in Police Stations, "Ford Zepher, light green coloured car bearing No. 3 Sri 957, and the last digit not known knocked down and killed a municipal labourer today 15th March 1959 around six p.m. and sped without reporting the accident. Inform all beat duty constables and night patrols and send a special messenger to all garages in your area to check and if traced, contact OIC Kollupitiya Police forthwith."

On the following morning around 5.30 a.m. a message had been received from Nittambuwa Police Station that the Car No. 3 Sri 957 was traced at a motor repair garage on Mihirigama Road belonging to one Lucas Perera. The missing digit is 4, and it had been dropped earlier, and lot of dust had gathered on digit 4 of the rear number plate of the car. The car was to be produced at Kollupitiya Police in the course of the day.

I attended the inquest and the post mortem examination. Evidence of Gregory Gomes was led at the inquest and the D/JMO said that the body was broken into two by the waist based on facts, city corner gave a verdict of "Motor Fatal Accident" also at the post mortem examination a few tufts of the deceased hair, sample of wearing apparels and a blood sample were obtained.

The same afternoon the car was produced at the Kollupitiya Police by Nittambuwa Police along with the owner of the garage.

Garage owner's statement was recorded by me. He was Maha Vidanage Lucian Bernard Perera of 618, Mirigama Road, Nittambuwa. He stated in his statement that he owns a large garage in Nittambuwa area and on the 15th of March around 10.30 p.m. one Anton Paulraj of 316, Skinners Road, Colombo 10 who runs a business and well known to him came in car No. 3 Sri 957 and told that he knocked on to a herd of cattle and to repair the car early and there was a noticeable dent on the bonnet of the car. He was released after recording his statement.

Samples

I produced the Zephur Car in courts and moved Court to send same to the Government Analyst to report as to whether samples brought from the Post mortem could be traced in the car.

The accused driver Paulraj surrendered to us through Proctor Mahesan. He denied that Paulraj drove the car. I produced the accused driver in the Magistrate's Court, Fort before Sirimewan Amarasinghe and moved Court for an identification parade in two days hence.

Two days later Paulraj was identified by both Gomez, the petrol attendant and Zoysa the taxi driver as the person who drove the car at the time of the accident on that day.

On question Paulraj revealed that he was an Indian citizen, living in Sri Lanka on a Temporary Resident Permit has a large business of buying scrap iron and old odds and ends! And his TRP has expired on 6th of January 1959 and by then living as an illicit immigrant.

I informed the facts to the Magistrate after the identification parade and he remanded the accused to fiscal custody and also instructed the Court registrar to inform all particulars of Paulraj to the Immigration and Emmigration to prevent him leaving the country. OIC Traffic filed plaint against the accused Marcus Philip Paulraj of 316, Skinners Road (South), Colombo 10 in Joint Magistrate's Courts Fort, under section No. 298 of the Ceylon Penal code.

Proctor Mahesan appeared for the accused in Courts and I. P. Newton Perera conducted the case in JMC. The 1st witness was Dr. Chandra Amarasekara, Deputy Judicial Medical Officer and the 2nd witness was the Govt Analyst. In his evidence he stated that traces of cloth from the car, blood stains, and tufts of hair were compared with the specimens taken at the post mortem examination and they were similar and the blood grouping was 'A' positive.

Next witness was Gregory Gomes. It was a treat to watch him giving evidence. His evidence could not be shaken by the defence.

Witness

Fourth witness was Walter Zoysa, the taxi driver. His evidence was also perfect. He did not give into the defence. He said the accused paid him Rs. 35 to repair his taxi. The last witness to be called for the prosecution was me. I was cross-examined at length by Proctor Mahesan. The defence did not call the accused to the box.

The Magistrate in his summing up told the accused that his behaviour after the accident was worse than that of a brute. He not only killed the innocent labourer but did not care a rap for his life, but drove the car to a garage at Nittambuwa and told that he accidentally knocked a head of cattle. Under these circumstances no clemency could be shown and he sentenced the accused to 3 years rigorous imprisonment and made an order for jail authorities to hand over the convict to Immigration and Emigration Department after serving the jail sentence for deportation and to report to Court the date of deportation.

Also he informed the deceased party to file civil action for compensation in civil Courts if they so desire.