18/08/2009 - The Island

Innocents sent to the gallows?

(Letter to the Editor)
 
 

I read the letter written by my friend and colleague at Lake House Chandra Edirisuriya under the caption "Innocents go to gallows" in The Island of 12/08/09 and wish to comment on some facts he has revealed in his article. He presumes that Somarama did not kill SWRD, but it was a man in "running shorts" who may have killed him. In this regard I wish to mention that the assassination trial went on for several years with eminent judges and lawyers participating in the proceedings. In addition, there was a group of learned jurists who helped the Judiciary. They also had the opportunity to go to higher Courts like the Privy Council if they were not satisfied with the judgement. Somarama was in the death row for many months and never during that period or at the time of execution did he say that some one else did the killing. Moreover, the decision was arrived at, after much deliberation and discussion at various levels, where it was proven beyond doubt that Somarama killed him.


With regard to the Mangala Eliya Murder Case, it was proved that Podiappuhamy was not a regular observer of Ata Sil although he observed it on the day of the murder to avoid suspicion. If he was an innocent man, there was no reason for him to flee the area to avoid early arrest. This case too was heard over a lengthy period of time and leading judges and lawyers participated in the process of determining the genuineness of fact. They also had the liberty to appeal to higher courts if there was a miscarriage of justice.


The convict never protested against the conviction although he is reported to have said that it is a retribution for some "Karma" he has done in the previous life. In the course of the trial, no question of the fabrication of facts arose and the judges, lawyers and the jurists decided that the culprit had committed the offence, without any doubt.


The writer also gives a long list of Western Countries where the capital punishment has been done away with. But he fails to give the list of countries where capital punishment is in force and their crime rates.


The New Minister Milinda Moragoda has forwarded some timely suggestions to reduce the crime rate in Sri Lanka. His proposals are very timely. Convicts should of course be allowed to appeal against judgments even after the conviction. That needs only a time limit - may be a week or two. According to the present legal structure, there is no possibility for an innocent to be hanged! So why not we allow the authorities to carry on with the proposal, at least on a temporary basis?

- Mathota Abeyratne, Hatton