Obstinacy led to downfall

Ananda Jayasinghe
Retd. Senior Superintend of Police

A Scottish planter, Edward John MacArthur (65) used to visit Lankan estates. Kobegama group was one. He spends two to three days at a stretch.

At Kobegana, the Head Kangany was Paul Nadesan. His ancestors were from GOA, India. He had three daughters. The eldest was Mary (18) and was sent to the Visiting Agents Bungalow to work, when the V.A. Comes on visits.

Time went by, Mary got pregnant by the V.A. and he could not marry her as his wife was in Scotland.

Nadesan was very upset, he came and met the Parish Priest of the local church to seek redress, and Father Flavian spoke to a Mother Superior of an Orphanage/Convent at Wattala and made arrangements to keep Mary till the child was born. She was brought to Wattala and Nadesan told the neighbours that she was sent to GOA.

Sisters kept Mary in the convent and later after about 08 months she gave birth to a baby girl. She was named Carmel and was very fair in complexion. The child was baptized and adopted in the convent and Mary returned to the estate.

Ms. Carmel had an under developed brain, she could not read or write but could talk with a pronounced stammer. She was now 16 years old.

In the late nineteen fifties Kotahena was a thickly populated area.

Dominic Alles, a wealthy businessman was married to a Burgher lady called Veronica. Both of them were in their fifties. Their biggest problem was that they did not have children, and she was requesting Rev. Farther Smidth to get a girl from Wattala convent for adoption. Finally a 16-year-old girl named Carmel was brought from Wattala Convent for adoption. Veronica liked her as she looked a Burgher in all respects.

She stayed in this house for about 03 years. She looked normal but her brain had not developed. She was quick tempered and quarrelsome. Being brought up in the convent she attended 6.00 a.m. Mass at St. Lucia’ s daily, which was a ritual.

Three years had elapsed and Carmel had met one Chelliah who worshiped in the same church and she had developed a love affair with him. Chelliah was the owner of the tea chest shed, which is next to the playgrounds. One evening she had left the house and gone somewhere. It was on FEB 5, 1962.

Veronica Alles complained to Kotahena Police about the missing girl and made a note in her diary the date complaint was made. The complaint was entertained in the M.O. Branch supervised by S.I. Nelson Wickremasinghe.

He detailed the day Patrol constable to inquire and he traced the missing girl Carmel at Chelliah’s house, opposite the Tea Chest Shed. Her statement was recorded. She was over-age and as no offence had been committed the parties were summoned to the station and the girl told S. I. Wickremasinghe that she went on her own. Her statement was recorded, thumb impressions were obtained and she was released to go.

Time went by, Chelliah was not happy with Carmel, there had been constant quarrels and he came to Kotahena Police and complained that Carmel had run away with one Gaffoor, who worked with him in the tea chest shed, and gave their descriptions and made an entry at Kotahena Police. Gaffoor’s description given as a fair, well built, age 26 years, had been a butchers at a beef stall in Mannar. As both parties were adults, messages were given to all Police Stations in the island for information.

After 05 days of this complaint there was a bad odor emanating from an abandoned well close to Chelliah’s house, this smell had turned out to be a terrible stench. Neighbours got some Municipal labourers and started digging the pit.

This sent tremors and Chelliah, all of a sudden got dressed, took his cheque book and left the place of work.

The pit the labourers were digging was a shallow one, about 06 feet in depth and saw dust had been put on the pit and set on fire. In the process of digging, with a terrible stench, a human hand propped up, and digging was stopped, excavation was stopped and Kotahena Police was summoned.

OIC Crimes Kotahena was I.P. Herron Dias who was on six day’s leave. Yours truly as acting OIC Crimes took up inquiries.

Mr. K. Senadirajah, Magistrate Court No. 2, Hulftsdorp was informed. He visited the scene and ordered JMO Colombo to hold the post-mortem examination on the body of the deceased.

Two arms, two legs, decapitated trunk and the head was bundled and taken to the General Morgue and the post-mortem examiantion was held by Dr. Chandra Amarasekare, D/JMO and his findings were as follows: “I held the post-mortem examination of woman whose body had been decapitated, arms, legs and trunk separated.

She appeared to be of 20-30 years, height 5’-6’, long head of hair, had been in early stage of pregnancy, found in an advanced state of decomposition. Death had been due to human strangulation. The body had been sawn by a large saw. Death had occurred 5-6 days back.

The body was finger printed and buried at government expenses as there was no claimant.

The neighbours said that Chelliah had accused, one of his worker, Gaffoor to have eloped with his mistress.

PCC 5195 Jinadasa, 6556 Bandara, 5908 Jayawardena, 1659 Dharmadasa were detailed to assist me in this inquiry.

We sent two other men, to make confidential inquiries to the scene, and they had come to know that there had been constant arguments in the house of Chelliah and had ended up in blows.

One Periyathamby, an inmate in one of the houses had seen Chelliah, collecting saw dust from the shed and putting over the abandoned pit, complaining of swarm of mosquitoes, and this had taken place three evenings at a stretch. Another neighbour had seen Chelliah handing over some money to Gaffoor one early morning about 04 days back.

Their statements were recorded in detail.

A constable, who had served in Mannar Police Station, one Careem had come on transfer to Kotahena, and he was dispatched to Mannar to collect information about Gaffoor/ Manager Costa a Bank of Ceylon, Kotahena branch, had told a constable that Chelliah who was known to him had withdrawn Rs. 18,645 from his bank account five days back – His statement was also recorded.

After six days Careem had arrested Gaffoor at Mannar and was brought to Kotahena Police. He admitted that he helped Chelliah to cut the body parts of his dead wife and helped in the disposal. His statement was recorded by me. Gaffoor stated that he worked for Chelliah in the shed for the lat four months.

He found this job accidentally, when he was going in search of employment 15-20 days back overnight when he was sleeping in the Tea chest shed. Around 11.30 p.m. Chelliah came there and called him home. When they went there, he saw the murdered body of Chelliah’s mistress.

Chelliah requested him to help to dispose the dead body. A large saw was brought from the shed and parts were dismembered and both of them threw them to the pit which was close by.

On the following morning Chelliah gave him Rs. 850 and told him to go back, as his address or place of residence is not known to anyone. Also Chelliah stated that he will go to the harbour and get into a Tuticorin bound sloop and escape to India, where he had lots of relations.

Gaffoor was produced in Courts and was remanded.

In the meantime, PC 5795 Jinadasa had met Manager, Bank of Ceylon, Rex de Costa, and he had told him that he made arrangements for Chelliah to open a normal account at Kotahena branch and he had withdrawn all his money – about a fortnight back.

People who are believers like to friendly with the Police. One such persons was Leo Santiago – who sells opium on the sly. He had told Inspector Herron Dias, OIC Crimes that one Chelliah was trying ot leave the country, on the sly through a boat man, and now is hiding at a house in New hour Square, Kochchikade, Kotahena.

I went with P. C. Jinadasa and arrested Chelliah. He was taken completely unaware. He was brought to Kotahena Police and his statement was recorded. He made a clean breast and admitted that he killed Carmel his mistress as she was a pest and tried to control him at every term and stated that Gaffoor only helped in the disposal of the deadbody. He was also produced in courts and remanded.

Statements of Bank Manager, Kotahena and Sebestian Fernando, who gave shelter to Chelliah were recorded subsequently.

Plaint was filed in M. C. Hulftsdorp Court No 2 or murder and Mr. Senadiraja, the Magistrate committed their case to be heard in Supreme Courts.

When the file was sent to Hon. Attorney General, he had indicted Chelliah for murder and made Gaffoor a crown witness.

When this case came up for trial in Supreme Courts before Justice G. M. de Silva, a young budding Crown Counsel who was very efficient, named R. Amerasekara appeared for the prosecution and an assigned Counsel appeared for the accused.

It was a treat to watch this young Crown Counsel leading the evidence at the trial. He had a finger on the pulse of the case, and had done his homework.

He called the following witnesses in order (I) Dr. Chandra Amarasekara, DJMO (ii) Crown Witness, Abdul Gaffoor. (iii) Bank Manager, Kotahena. (iv) Sebastian Fernando of Jampetah Street and (v) Police Officers and (vi) Periyathambi. And once these evidence were over, the assigned counsel cross examined them but the evidence could not be shaken.

After 04 days of trial the Jury unanimously found the accused guilty of murder and was sentenced to be hanged within the four walls of Welikada Prison.

The accused appealed for a pardon but the Governor General had turned it down and was sentenced to 20 years hard labour, as gallows had been done away.

Crown Counsel left our island and settled down in United Kingdom, making up a big gap in the Crown Counsels Department. He was an asset to our country. He died a few years back whilst living there.

(Most names are genuine, but a few changes to cover liability)