Crimes, not isolated incidents

Therefore, the accused must be heard,  as it is a fundamental principle of law, often referred to by the Latin maxim audialterampartem (hear the other side). It ensures a fair trial by allowing the accused to present their defense, comment on evidence, and be present during proceedings

The Bar Association of Sri Lanka (BASL) on Sunday had decided not to appear before courts island-wide on Monday in protest over the fatal shooting of attorney-at-law Buddhika Mallawarachchi and his wife W.A. Nisansala in Akuregoda.

Their decision to keep away from courts seems to be aimed at pressing the government to take decisive action in eradication of crimes, especially those related to gun violence. 

Although one might question why the lawyers did not take any such drastic action when others were killed, this pressure on the government by bringing the functions of courts to a standstill might prompt the authorities to rethink their strategies in countering crimes in the country,  or to look into the possible sluggishness in the mechanism of law and order. 

One can surmise the frustration and outrage within the legal community over this heinous crime, but as  part of the country’s intelligentsia,  they cannot expect special treatment in safety and security. The incident presses them also to become a part of the larger mechanism of crime eradication. 

Here comes the vital question of lawyers appearing in court for criminals. During the press conference where BASL President Attorney Rajeev Amarasuriya announced  Monday’s meeting in Colombo for which all members of the Association were called for the first time in 14 years, a journalist put him in a spot raising this issue. Despite it being a difficult question at a time when emotions were running high within the legal community, Amarasuriya managed the situation by explaining the basics of legal support for either side of court cases. 

One can argue that isolating  criminals during court proceedings by not providing them legal assistance would help reduce crimes in the country. Yet, even if we accept the argument, the question remains as to how one could be identified as the real criminal or culprit. In most cases, the police version of  crimes and other offences stands until the conclusion of the case. Sometimes,  their version is proven to be concocted. Therefore, the accused must be heard,  as it is a fundamental principle of law, often referred to by the Latin maxim audialterampartem (hear the other side). It ensures a fair trial by allowing the accused to present their defense, comment on evidence, and be present during proceedings. 

Needless to say, the Akuregoda double murder is not an isolated incident. Gun violence is a phenomenon that prevails in the country since the eighties. Many lawyers such as Wijedasa Liyanaarachchci, Kanchan Abeypala and Charitha Lankapura were brutally murdered,  among others,  in the legal field and other spheres. 

Every Opposition party criticises the government of the day for such crimes, but only until they come to power;  and then the new ruling party and the Opposition swap roles. Organised crime has been thriving since the eighties with the patronage of politicians. There were times when parliament members were shot dead in the Capital city in the broad day light. It is common knowledge as to who patronised the criminals Soththi Upali, Gonawala Sunil, Beddegane Sanjeewa, Wambotta and Julampitiye Amare etc. In short, politics became criminal while crimes became political  for some extent in the past.

Poverty, unemployment, lack of education, proliferation of drugs with and without the patronage of politicians, huge amount of money involved in organised gun violence,  as well as drug business and proliferation of small arms,  especially during the ethnic war,  have been the other contributing factors of unabated crimes which intermittently make waves, providing opportunities to the Opposition of the day to shout at the top of their voices. 

Lawyers, as professionals handling cases pertaining to crimes, among others, would be having a vast array of knowledge and experience that can be used in eradicating crime. There must be a mechanism to absorb that knowledge and experience into the law enforcement agencies.

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