Law’s shortcomings

The three decade-old war no doubt brutalized society so much so murder and other criminal acts hardly raised an eyebrow. In other words, the public was anaesthetized to ordinary killings given the magnitude of the terrorist violence. However, with the end to terrorism other crimes are coming more and more into public focus. The move by Defence Secretary Gotabhaya Rajapaksa to get the Police to refocus their attention towards tackling local crime now that they have been relieved of their anti-terrorist duties show the serious approach of the Government to the aspect of eliminating crime from our midst and restore the country to its pre war tranquil times.

However no amount of effort by the police in going after criminals will bear results if our laws are infirm to carry out successful prosecutions.

The revelation by a judicial officer no less that 90 percent of suspects involved in crimes eventually get acquitted must surely send shockwaves among the peace loving public who expect to live in a climate free of fear and tension with the wiping out of LTTE terrorism. But now it seems that although LTTE terrorism is over, the people will be confronted with a new form of terror from criminal gangs who will operate with impunity with the knowledge that they can get away scot-free. For 90 percent of felons with their criminal records to be allowed to roam freely in the open is indeed a dangerous proposition that could undermine the hard won peace.

It is already evident that crime is rampant in the country and with the law standing impotent, things can only get worse with criminals, undesirable and anti social elements having a free run. A daily newspaper yesterday quoted District Judge of Nuwara Eliya Saman P Kariyawasam as saying that nearly 90 percent of suspects involved in crime get acquitted and cited the lack of knowledge of the law by Police Officers who file action and lead evidence as the main reason for this. He also admitted that although the judiciary was bound to do justice, the complex judicial process does not allow hundred percent justice to be meted out through the law.

This admission by an official of the judiciary is a telling indictment of the supine nature of the country’s laws and the lacunas that exist in our judicial system which has paved the way for criminals to go free. A sorry state of affairs indeed. The Judge’s revelation also brings to light another aspect.

Earlier it was thought that only those who can afford huge lawyers’ fees stand a chance of getting acquitted. But given the rate of acquittals cited by the judge, it is easily assumed that there is a huge flaw in our laws that allow criminal suspects to escape with ease. The result; a snowballing of the crime rate in the country exacerbated with the free flow of arms among the underworld – a fall-out of the war.

The solution lies not in teaching Police Officers the law. They have enough on their plate as it is without having to go through the rigours of pouring over law books. In any event, the Judge stated that it is difficult to get Police Officers to give evidence in court especially during festive seasons when they would be assigned for the security of the VIPs.

What must be done is to change the archaic moribund laws handed down to us by the British and adopt new laws that would meet the present day challenges. Today, it is not only common criminals who are salvaged by the present laws but those engaged in white collar crimes too creep through the loopholes in the law as it stands. The best example is the VAT scam where nothing is heard about the case.

The Justice Ministry should take serious note of the judge’s observations and come up with a solution for the slack nature of our laws that allow criminals to act with impunity. It would certainly embolden the criminal who will feel confident to continue with his life of crime knowing the law was a soft touch.

The proposed amendments to the Constitution hopefully would consider repealing of such laws that have outlived their purpose and the introduction of a set of legal principles that would suit the new outlook of Sri Lanka in this post-war era. Attention should also be paid in tackling law delays. Today, it is common to see cases drag on most often through the manipulation of crafty lawyers preying on the unsuspecting litigant. Our laws need tightening up in many areas not least of which in dealing with crime.