Error in Judgement

Ananda JAYASENA- Snr Supdt of Police (Rtd)

In 1962 I was OIC Crimes at the Harbour Police and the OIC was IP T.C. Jaleel. The Harbour came directly under the Supdt. of Police, Colombo Harry Van den Driesen and the A.S.P. Harbour was R.E.C. Vanderwal. The A.S.P. Harbour had two Police Stations under him - Harbour and Foreshore. The Harbour Police handled the cases on board vessels, whilst Foreshore looked after the warehouses and the Jetty.

The OIC Foreshore at this time was A.M.F. Georgus, who was transferred from Galle.

In September that year two Watching Duty Police Constables who had waited in ambush at the Delft Quay had picked up a small unopened box containing 500 Wilkinson razor blades. This had been found on the road.

The Constables were 5042 Thambirajah and 1104 Nadarajah. They worked in mufti. The following morning they came after their tour duty to the Crimes Branch and made their entries.

The entry read as follows: "Last night I was on duty with PC 1104 Nadarajah and we had to wait in ambush at the turn off to Delft Quay from 2.00 a.m. At around 2.45 a.m. a Police motor bicycle was seen coming from the Delft Quay towards us and it turned right to go out of the Harbour through the main gate. Whilst negotiating the bend, the motor bicycle skidded and both the rider and the pillion rider were thrown. The pillion rider was a Police Constable or a Sergeant.

They mounted the motor bicycle again and rode away. When we were coming, we found a sealed box with label '500 Wilkinson Razor Blades'. We picked it up and as we were going, we saw a motor bicycle coming from the opposite direction and we took cover and noticed that this was a Police bike bearing No. EN 5214. Both the Inspector and the Constable or Sergeant were on it. They stopped the cycle where they fell and searched the surrounding area with the aid of a torch light. They then got on the motor bicycle and went in the direction they came. Sgd. V. Thambirajah, P.C. 5042, K. Nadarajah P.C. 1104."

The following morning a case of house breaking and theft of Wilkinson razor blades was reported from No. 3, Warehouse at the Delft Quay. It was valued at Rs. 3,150. This being a reportable crime then, A.S.P. Harbour had to be promptly informed and he had to visit the scene and give instructions, if necessary, to the Investigating Officer.

A.S.P. Vanderwall was furious when he heard that a Burgher Inspector was seen near the Delft Quay on that night. We found that Inspector Georgus too had done a night round on the said night from 2.00 a.m. onwards for a period of two hours and had checked his night duty men. This had been a genuine night round.We inquired from Police Headquarters to which Station the motor bicycle EN 5214 had been issued and found that it had been issued to the Depot Police Bambalapitiya.

The Depot Police had a very large number of Police Officers who had come on punishment transfers among them. The best of the sportsmen and outstanding athletes of the Police were temporarily transferred to this place. The head of the Depot Police at the time was Tommy Khelaart, a cricketer, who had represented Sri Lanka several times. He therefore got the best cricketers attached to the Depot since cricket was gaining popularity.

The motor bicycle in question had been allocated to Inspector Lyn Taylor.

I was an admirer of Lyn who had joined the service long before me. I also very well remembered him opening batting for St. Thomas' and his powerful cover drive had left an indelible impression in my mind. I knew he would never stoop to the low level of committing theft.

A.S.P. Vanderwall handled this case personally. On the orders of the A.S.P. Harbour and under his directions I recorded L.P. Taylor's statement and he was questioned by the A.S.P. According to I.P. Taylor he had done a night round from 1.00 a.m. to 3.00 a.m. Orders for night patrolling were given by the O.I.C. Depot himself. Along with him went P.C. 908 Sheriff. He signed the first Patrol Book at the Kolonnawa Petroleum Installation, second book at the Government Factory Kolonnawa, the third book at the Government Press Borella, the fourth at the Kachcheri Pettah and the last at the Oil Tanks at Bloemendhal Road.

From there they had come to the Harbour premises, had hoppers and tea at a kiosk at the Kochchikade Jetty and proceeded to the Police Headquarters through the Harbour Marine Drive to sign the last Patrol Book.

At this stage the A.S.P. interrupted and asked him whether anything happened and he said that the motor biycle skidded on sand and both fell but without any injury.

When they went to Police Headquarters they had found the Petrol Order Book issued to him missing. He had come back to the place where he fell and searched for it but it was not there.

He had then returned to the boutique where they had tea and the Mudalali had handed over the Petrol Order Book which he had left there. He had then come back to the Depot, closed his night round entry.

I recorded the statement of P.C. 908 Sheriff. His statement collaborated that of I.P. Lyn Taylor.

I also recorded the statement of W. Piyadasa, owner of the tea kiosk. His statement too collaborated Lyn A.S.P. questioned P.C. Thambirajah and P.C. Nadarajah individually and I recorded them in writing and obtained their signatures.

Both suspects I.P. and P.C. were not locked up but kept in the Charge Room. Around 2.00 a.m. I.P. Taylor wanted to go to the toilet.

He was taken to the bachelor S. II quarters bathroom adjoining the Police Station Charge Room and the Reserve P.C. stood by the locked door.

After about the three minutes the P.C. heard a noise inside the bathroom. They forced open the bathroom door and found that I.P. had slashed both his wrists with a razor blade found in the bathroom and put his bleeding hands into the wash basin.

He had bled profusely and the running water coloured red with the blood. The Port Health Officer Dr. Silva who came to examine him rushed him to the Accident Ward of the General Hospital Colombo.

I.P. Taylor was in the General Hospital under Police guards. After he recovered completely both the I.P. and the PC were produced in Courts and subsequently charged under Sections 443/369 for committing theft of razor blades.

He was defended by Advocate Shynya in the Joint Magistrate's Court Colombo and both accused were discharged after trial.

Subsequently, the Police filed plaint against I.P. Lyn Taylor for trying to commit suicide.

His explanation was that his intention was not to commit suicide but to get injured and get himself admitted to hospital instead of being remanded. This explanation was accepted by Court and he was acquitted.

About a month later, one morning while he was walking in Pettah he collapsed and died of a heart attack. He had not been reinstated at that time as a Departmental inquiry was pending.