Miscarriage of justice

Ananda Jayasena

In 1960 I was a confirmed SI after my probationary period of three years and was posted to Colombo Harbour Police as OIC Crimes. The OIC Police Colombo Harbour was Chief Inspector T C Jeleel.

SII attached to the Harbour Police had their own Mess at the upstairs of the main Harbour building.

This canteen was run by a man called Marshal Appuhamy from Seeduwa. He had a roaring business and had a staff of 12, of which three were teenagers.

SI Peter of Galle Police had got a sudden transfer to Temple Trees for the Prime Minister’s duty and accommodation was not available in the Fort or Bambalapitiya Messes. S K Chandrasekera, ASP Security, had spoken to my ASP Royden Vanderwall and had got permission for SI Peter to stay in the Harbour Barracks till he finds a place. Peter shifted to Harbour quarters.

Don Peter had a friend called Norbert Fernando who worked at Galle Police Office. He had an interview in the CTO building Fort fixed for 13th Thursday at 2.00 p.m. On Monday morning Norbert came to Harbour SII’s quarters and found that his friend Peter had gone to the Temple Trees for duty. He contacted Peter on the phone and Peter wanted Norbert to stay in his room and told SI Shanmuganathan to arrange his room. SI Shanmuganathan arranged Peter’s room and gave Norbert. Also he ordered some cakes and a cup of tea for him.

Norbert went to the bathroom to do a wash.

When Norbert came about 15 minutes later after his wash, he noticed that his Rolex wrist watch he left on the window sil missing. Norbert brought this to the notice of SI Shanmuganathan.

SI Peter too was contacted and they decided to make a complaint at the Harbour Police. This theft of a wrist watch was very strange. Normally, not even a pin had been found missing from SII’s quarters. Furthermore, the entrance to the quarters is next to the Harbour ‘In’ gate where Police and Customs men are placed on continuous duty.

As statement of Norbert Fernando was recorded by the Reserve Constable. The watch a gents Rolex with day and date indicated and the owner’s initials ‘NF’ had been engraved on the back of the watch with the date it was bought 11.6.61. This had been bought from Cargills Ltd. Fort for Rs 720.

An investigation was commenced. Canteen boy David was suspected as he was the only person who came to SII’s quarters.

Two Constables Nimal and Sivam who were going down the steps had seen one Condrad Silva leaving the steps in a hurry.

I sent word for canteen keeper Marshal Appuhamy. He promptly appeared. He had come to know about the theft of a wrist watch and had questioned David and Marshal told me that David stole the watch and had it, and was prepared to hand over same to the Police.

David was brought to the Crimes branch of the Harbour Police and he admitted having stolen the wrist watch and hid it in a large crevice in one of the walls. This was the statement he made to the Police.

PS 941 Ahamed went with David and recovered no watch. According to him a wrist watch cannot be hidden on the crevice pointed out by accused David.

David was now crying incessantly. When the Magistrate asked David whether he was guilty or not he pleaded guilty and he was to be taken to the Salvation Army Headquarters to be detained there for ten days till his finger prints report is received. He looked glum.

I knew something had gone wrong somewhere and David had not committed this theft.

When I came back to the room and was contemplating, it struck me to what SI Felix told me about his brother Condrad. He had indicated that Condrad had kleptomania tendencies. It also struck me the story I heard that he had been seen leaving the SII’s quarters in a hurry around this time.

I put one and two together. I had my strong suspicion of Condrad Silva and decided to put a surveillance on his movements. The suspect lived at Bambalapitiya and travelled daily to a leading school at Maradana.

The case of David was taken up for sentence and as there was no criminal record, according to RFP, he was sentenced by the Magistrate to serve a period of one year at St. Vincent’s Home Maggona where juvenile offenders are corrected and he was whisked away by the Fiscal Officer.

In the meantime Sgt. 5886 Selladorai of the Habour Police who lived at Police Quarters at Maradana one day when he was coming from the Maradana Railway Station had seen Condrad Silva whom he had seen often at Harbour with a clock repairer. This watch repair shop was immediately next to the ‘IN’ gate of the Maradana Railway Station and on the same side. It is owned by a man named Sulaiman Lebbe of Forbes Lane, Maradana.

Sullaiman Lebbe was brought to the Harbour Police and he was grilled. He admitted that he knew Condrad Silva, from whom he had bought two wrist watches earlier and he wanted to sell a Rolex wrist watch on Friday, which was the next day.

His statement was recorded in detail. A trap was laid on the following day around 2 pm close to the watch shop. There were three Constables got down from Maradana. They were in civies. Around 4 pm Condrad Silva appeared and was chatting with Sulaiman Lebbe. PS 941 Ahamed was in civies. Condrad showed a watch to the repairer. PS 941 Ahamed came and arrested Condrad. He admitted that he stole it from Harbour SII quarters a few days back and brought it here for sale as Lebbe promised to buy same for Rs 350.

I took the accused to Maradana Police Station, got down SI Felix and recorded the accused Condrad’s statement and when he heard the story he was flabbergasted.

He did not speak to Condrad. He said Condrad let him down badly.

I met Magistrate at the Jt. Magistrates Court Fort Mr Sirimevan Amerasinghe. He was a very understanding judge and told me to move through Hon Attorney General to get the Magistrate’s judgement quashed.

I filed plaint against Conrad Silva of 28, Janaki Lane, Bambalapitiya under Section 369 CPC for committing theft of a wrist watch valued Rs 700. He did not contest the case, pleaded guilty to the charge and he was remanded to fiscal custody for 14 days, pending arrival of RFP report.

Once a Magistrate convicts a person, he cannot change or quash his pronouncement. For that the authority is the Hon AG.

I got a paper ready, addressed to Hon AG giving all the facts of the case, obtained Magistrate’s signature, went to Police Headquarters, got an endorsement from SP Hqrs and took it to the AG.

There I met stenographer Narayanasamy. He was good enough to help me. I was taken to Chief Inspector Clement Alles who was the Liaison Officer to the Hon AG. Fortunately for me I knew Mr Alles. He was HQI Kurunegala and I attended Parliamentary Election duties there. He was a gentleman to the finger tips.

He processed it in haste, went personally to meet two Senior Crown Counsel and successfully attended to the matter.

Two days later Don David was released form the Home at Maggona.

When the case of Condrad Silva was called for the order accused was present. He did not have any previous convictions. Magistrate gave him a lenient punishment on his own plea of guilt and he was bound over for a period of 24 hours to be of good behaviour and was fined Rs 200.

I got down David to the crimes branch when he came to leave the canteen. I asked him as to why he admitted that he took the watch.

He point blank said that Marshal Perera wanted him to plead guilty and that he would pay the fine. He further said that they cannot run the canteen by antagonizing the Police.

SI Silva asked for a transfer to Jaffna on personal grounds and the IG Police approved it.