Dr Sudath Gunasekara (SLAS) Mahanuwara.

Now that the only two people who were charged for this historic massacre in courts on 864 separate counts and argued for nearly 1000 days have been finally declared acquitted and discharged of all charges as not proved and no other had been indicted either so far almost for three years, the above query is very timely and relevant in public interest in the name of justice and fair play by the victims.

This classic acquittal raises the most fundamental question in the average man’s mind as to whether there was and there is a government in this country and also whether there is any law and punishment for those who commit mass murder involving serious crimes like this. The two persons were the most important key public officials of the government of that time responsible for maintaining law and order and public security in the country. They rank only next to the Head of the State and the Prime Minister in this respect. Then there are those hundreds who are below these key people who are personally and severally responsible for defending the country against external invasions and for internal security including the protection of the life of people within the country. If none of these men and women are responsible for the most fundamental obligation and function of a State entrusted to them, then who else is responsible for that prime responsibility of the State?

Therefore, If the Head of the State and the Prime Minister who were in charge of the Government at that time and all those people down the line with whom the responsibility and answerability for that noble social obligation lie are freed of their responsibilities and obligations then who is going to be responsible for this type of heinous crimes of this sort against humanity? Is it the 300 people who died and others who were left crippled for life? Had Saharan survived, I think he would have definitely said so, in the name of their God.

Why couldn’t the learned lawyers prove a single charge, say at least criminal; neglect of duty and failure to prevent such a monstrous calamity, out of a list of 864 charges framed by the prosecution against these two accused. Shouldn’t we now charge the prosecutors for their failure to prove even one charge they listed?  Is it their weakness or the weakness of the law or the unmatched competency of the defense lawyers or else some invisible extra-judicial mystery working behind it, that is responsible for this appalling situation? the posterity will continue to seek querying forever? Could it also be the inadequacy or the non-applicability of the Roman-Dutch Law that was introduced only in 1852 to this country? According to  Roman-Dutch Law, one is deemed to be innocent until he is proved guilty beyond all reasonable doubts. Personally, I think it should have been better if it had been the other way about, that is the burden of proving that an accused is not guilty should be with the accused.

People also ask, is there something wrong with the law or the lawyers or the entire legal system? This may be the reason why one man said that the law is an ass.  The current common trend of all politicians in the ruling party accused of various crimes getting acquitted and discharged with impunity at a rate also keep many an eyebrow raised in wild speculations as to how selective has become the country’s legal system

Against this backdrop, it must be clearly stated that the entire government machinery starting from the President and Prime Minister at the top at that time downward including everybody who was in charge of public security in the country, especially in Colombo, should be squarely be held responsible for this massacre. The Secretary to the Ministry of Defense and the IGP cannot be made exceptions to that rule.

Had this type of crime taking place in another country like India or Japan both the President and the Prime Minister should have resigned immediately. In some of those countries, there were Ministers who have resigned even when a train got derailed.

Finally, it is the onerous responsibility of the present Government to initiate immediate and fresh action against all responsible for this massacre in the then Government to clear, its hands and restore the lost confidence of the people in the present Government. before they get on to the street in mass protest against it for lack of any lawful and just governance in the country.