A different case

Lasantha Wickrematunge’s daughter, Ahimsa, and four others have written last week to Attorney General Dappula de Livera appealing to “protect the life” of former CID Director Shani Abeysekera held in a military-run facility for covid-19 infected persons, having contracted the virus while in remand custody. There is no escaping the fact that our overcrowded prisons, literally bursting at the seams for many years, are a hotbed of covid with both prisoners and officials highly vulnerable to infection. All those who have signed the appeal to the AG are victims of grave and violent crimes under the laws of this country. While Lasantha Wickrematunge, an outspoken editor who had courageously courted death by hitting out at the high and mighty, was brutally clubbed to death in broad daylight in a high security zone, the others say their kin had been abducted and “disappeared.”

What the AG can or will do to protect a now interdicted senior policeman remains an open question. The authorities are very well aware that jailed or detained law enforcers are under grave risk in prison where they are at the mercy of hardened criminals who cannot bear the sight of a cop. In fact, Abeysekera was accorded personal security by the state until November last year when he was removed from the CID. Such arrangements are made on the basis of threat assessments made by specialists in the subject who would have had little difficulty in determining that he was at high risk given the work he was doing. Following his removal from the CID this security was withdrawn and he was interdicted without a charge sheet, according to the appeal now before the AG. What is stated there is easily verifiable.

Persons subject to investigations, including high profile politicians in office, will have many axes to grind against policemen who either investigated or supervised the investigations of matters involving them. Thus it was a matter of no surprise that Abeysekara was removed from his high profile position and subsequently harassed, if not persecuted, after the change of government. Many persons in office have accused him by name of framing them. How true or not such allegations are remain to be established. But there is no escaping the reality that there had been political direction on who was or was not investigated. A high-powered committee is alleged to have operated from ‘Temple Trees’ determining priorities and direction of investigations. Much has been made of the fact that former Central Bank Governor Arjuna Mahendran accused of involvement in the bond scam was allowed to return to Singapore, where he is a citizen, without let or hindrance. He has since been out of reach.

That some are more equal than others is a fact of life in this country. How many persons of importance or wealth including politicians, either convicted or in custody, have spent time in the Merchant’s Ward of the National Hospital or in the Prison Hospital? Even people convicted or murder and sentenced to death who had been (or should have been) in Death Row have been beneficiaries of such privileges. Former President Maithripala Sirisena pardoned the young man found guilty of murdering his girlfriend’s sister at the Royal Park apartment complex towards the end of his term. He provided justifications for this act of clemency that many found lame. The beneficiary, conscious no doubt of the possibility of the wheel turning left the country and, as far as we know, had not returned since. It is well known that privileged persons in jail are handled with kid gloves and accorded semi-luxury facilities. We do not know whether there are arrangements in jails for the safety of vulnerable convicts or suspects (eg. policemen) even under special circumstances. With the best will in the world, these would be hard to provide under present congested conditions in prisons.

Bloodhounds set on political opponents are massively vulnerable following changes of government, and Abeysekara probably belongs to that category. It is now nearly 12 years since Lasantha Wicrematunge was bumped off by a group widely believed to be a state-connected hit squad. While some suspects have been identified and bailed, no indictments have been served up to now. His daughter and the other signatories to the letter sent to the AG say that after years of stonewalling, “Abeysekara was one of the few impartial police officers who had the courage to seek justice for our families.” They have also said in their letter “If every public servant has the backbone, integrity and conviction of Mr. Abeysekara, our loved ones would still be alive today. By doing his job and seeking justice for those we lost, Mr. Abeysekara’s own life is now in danger. We owe a debt of honour to speak on his behalf.”

Opposition Leader Sajith Premadasa had said in parliament as this is being written that Abeysekara should be moved to the Infectious Diseases Hospital on humanitarian grounds. It has been reported that his family too have been in contact with the Human Rights Commission regarding his welfare. We hope that the concerned authorities would take note of what has been urged and treat this police officer who has been both highly praised and strongly condemned with due consideration. Who he investigated is not relevant in this context. Travails of investigators, such as he, would be a deterrent to other law enforcers performing their duties without fear or favour especially in sensitive cases. The worst case scenario for most cops properly doing their jobs and rubbing politicos on the wrong side would be a transfer. But this case is different.