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Morning Spice by Ginger
Import of three wheelers and trafficSo they are not going to ban the import of three wheelers. Nor are they definite about taxi meters.
Mr. Fowzie, Ginger must concede gets a few sound ideas these days, when the country is badly starved of sense and enterprise. Some may yet want to limit the number of taxis on the road. Fix taxi meters on them to limit taxi drivers capacity to rid off customers and also have certain details including their antecedents displayed on the three wheeler. Generally the idea smacks of sense but a few gaps in the scheme have to be plugged as the case warrants.
In the first instance, it is not the number of three wheelers on the road that are causing the present traffic snarl but the way they are driven. The sooner they are made to stop violating the rules of the road the faster will sanity on the high way become a long awaited reality. Whatever rules you may introduce success is assured only through diligent enforcement. Besides limiting the number of vehicles may create semi-monopolistic conditions which these drivers will exploit to the hilt. What is needed are certain degrees of competence after testing. As for meters there should be some flexibility that allows one to go off the meter when desired as long distances cost less that way.
Wilhelm Karmann
Everybody who loved an elegant or exceptional car design would feel the loss of eighty three year old Wilhelm Karmann. His cars were the rage in the fifties and he had thousands of admirers who loved the sleek and impressive lives of the Karmann Ghiei. It was this success that took him on to greater things.The German genius who brought out this stylish make of German car then went in to create the golf cabriolet and the eye-catching porches that came into the market later. What he used to create his massive empire was his father's old horse-drawn coach factory which converted successfully into car building unit.
Asian Games
The Asian games were a big disappointment to Sri Lanka. All bar three athletes performed well below levels expected of athletes who wish to compete at international level. Our rugger players were pathetic. Ginger wonders why they keep going to make a laughing of themselves at international tournaments and games.It was clear we were badly outclassed. I do not think we should waste money getting involved in international rugby. What we can do is to send our most talented players abroad for training courses so that they can come back and help build a side that is more capable of standing up to foreign teams.
Law’s delays have persisted for the better part of the past half century. Thus, where the administration of justice, with the aid of learned Judges and Lawyers might be expected to be the best branch of governance,, ironically, it has become the worst. It is indeed a matter for utmost amazement that the combined wisdom of learned Judges and Lawyers has yet failed to come up with a practical solution to a great problem arising within the routine of their own daily work - 50 years on! Where a solution has failed to emerge form out of this exalted leadership, and left to fend for our own salvation, we are driven to declare that what lies at the bottom of this problem is a failure to recognise a manifest and quite simple question of fact: that is to say, the imperative need to increase the number of Courts and Judges
In actual fact, against the babel of various comments form various quarters, some times resembling crocodile tears, one clear and explicit voice was raised by none other that the then Chief Justice. Neville Samarakoon in 1983.He then explicitly emphasised that the number of District Courts and Magistrates courts should be DOUBLED if law’s delays were to be eliminated.
Unreservedly accepting his candid and unambiguous statement as unarguably axiomatic we wish to appeal to the relevant authorities, and indeed to the President, to acknowledge and recognize that the only solution to the problem is as pointed out by the learned Chief Justice. That is to say, we demand that according to the distribution of population in the country and volume of litigation the number of courts should be increased and similarly distributed. In this way alone can an optimal balance of case disposal be achieved, where now apparently case institutions outstrip the disposal leading to snowballing laws delays.
Only balanced infrastructure can produce balanced disposal, criminal cases terminating ideally within, one year, and civil cases within two years. Beyond these time frames there is a failure of justice producing a law regime friendly to the wrong doer and the scoundrel! No wonder crime is rampant. The least reflection on this parlous situation must surely sear the conscience of learned Judges and Lawyers alike.
To meet the needs of those unable to find legal assistance within the proposed time frames, or for reasons of any other limitation whatever, a state counsel should be appointed to every court, in order to assist Court by conducting the trial or other proceeding.
Furthermore, by virtue of the very fact that not a vestige of a real solution has been forthcoming from within the legal system itself, the WISH OF THE PEOPLE that the number of Courts and Judges be not merely DOUBLED, but where the imbalance has been further aggravated in the course of the intervening 15 years, the number should be TREBLED must perforce prevail.
Incidentally, this offers the advantage of alleviating to a certain extent the problem of the educated unemployed - rather than further displacing them by investing in computers or other superfluous gadgetry.
We urge that necessary finances for present urgencies in abating present torments be found by a process of prioritisation within the governments fiscal measures, even if it means the abandoning, pruning or postponing grandiose futuristic projects designed to meet the new millennium, or other flight of fancy. We must live today before we can live tomorrow.
The Kandy litigants association stands pledged to continue
exert all its energies until the complete realisation of this paramount need and demand.
In this context, the Kandy Litigants' Association also asks that the principle of humane and caring governance that the President rightly proclaimed recently be extended to the regime of the administration of justice as well. In token of this, we ask that arrangements be immediately made for parties and their witnesses giving evidence in court, at times extending for several hours, be provided with seating accommodation. Other like amenities can also be attended to at the same time wherever the travails of the public can be eased with little or no cost.
Further, this Association has also, as a group of responsible citizens, taken into serious consideration on the one hand the rate of crime increasing with each passing day, and, on the other, the deeply disturbing information coming to light of scandalous corruption and subversion of the due processes of the law from within the justice system itself - a thing never heard of before. And apparently the system carries on regardless! And we feel convinced that what has come to light is but the tip of the iceberg.
We recognise in this the corruptive influence of unchecked and unrestrained power - even when it is judicial power. Therefore, for the very sake of the priceless value of the law and legal process, the sole bulwark of the rights and liberties of the vast majority of ordinary peace - loving citizens of this country, the Kandy Litigants Association urges that it is absolutely essential that an active watch and vigilance in this regard be institutionalised without delay.
With a view to securing not merely the purely academic interpretation of the black letter law, but more importantly the catalyst of impartiality that transmutes it into justice as between man and man, the Kandy Litigants' Association urgently calls for the establishment of an unambiguously manifest machinery designed to positively secure this most precious and indispensable quality in the judicial process by the establishment of an Ombudsman Authority of, ideally, not less than three members, a majority, say, two thirds of whom should be distinguished citizens of known integrity with high attainments in non-legal disciplines, whose sole task, shared with the legally qualified membership, need only be the scrutiny of complaints tending to impeach the impartiality of any judicial action or process whatever, at whatever level. Any deviation should be stamped out ruthlessly. This is essential to maintain the lustre of the high repute for impartial justice that attaches to the vast majority of the judiciary of Sri Lanka whose fair name must be jealously safeguarded by means designed to check those inclined to stray.
We also urge in addition the creation of a "Committee on the Judiciary" in Parliament which will assume the task of monitoring matters judicial at the level of Legislative supremacy, with provision for the committee to report to the whole House as occasion demands. This arrangement seems altogether appropriate in view of the fact that clause C of Article 4 of the Constitution provides that "the judicial power of the People shall be exercised by Parliament", albeit "through the courts" etc. which places the two arms of governance in a relationship rather of principal and agent, with the former bearing the overriding responsibility even with regard to judicial power.
On these foundation must rest an upright, responsible and accountable judiciary that is the sole bulwark of our rights and liberties. Together with sacred scripture we say, ‘Woe be unto the unjust judge!"
With respect to the rising tide of crime that keeps galloping at a rate that is raising near terror amongst the public, here again we witness the strange spectacle of the legal establishment standing immobile as in a state of utter stupefaction not knowing where to turn or what on earth to do!. We venture to raise a clear and unequivocal voice, a voice of the sovereign People of this country, that the only realistic answer is the age-old one of severer punishment, with capital punishment for capital crime.
At the same time, we also have to demand that all elements of strange and outlandish doctrines such as the "presumption of innocence" and the "right to silence", whether in smaller or greater degree, which manifestly obstruct the task of bringing guilt home to the guilty with due swiftness, and in the process stand reason on its head, be forthwith banished form the body of laws under which we live - or rather, under which we suffer, owing to the wiles of the villain they let loose upon us. This is the will of the People - and we say, down with all false learning!.
Our strong conviction is that whenever or wherever such notions prevail, in countries notably such as England and the United States, as indeed also in Sri Lanka, their societies are found in a race to the position of the most criminal societies in the world. It is simply impossible for us to remain silent and inactive in the face of this monstrous absurdity, which is making life increasingly precarious for us all. It is tending to even criminalise our legislators. Instead of chasing after the stars of the sky and the mud of the sea for proof of crime, we strongly believe that whenever a suspect is apprehended, he should be called upon to make a statement on oath before a Magistrate, within 24 hours, in answer to the charge levelled against him, and this statement must be taken as admissible evidence for all purposes. Thereafter justice must swiftly follow. Such is the voice of the Kandy Litigants Association - part of the voice of the People.
The Kandy Litigants Association urges that all who are persuaded as we are convey their views by a simple postcard to the President, citing this our statement. As a popular People’s President, we are confident would welcome the direct democracy of this novel referendum. In actual fact, to the vast majority of this country who adhere to the doctrine of the Blessed One who proclaimed the birthright of free reason, the re-examination and change of old assumptions we call, for offers no daunting prospect. The Kandy Litigants' Association earnestly seeks the heartfelt support and co-operation of their brother and sister citizens with a view to ushering in a new era of a more effective justice system administering the law to the highest degree of promptitude and fairness, eliminating ruthlessly whatever stands in the way of these paramount objectives. This in accordance with our primary aim as represented by our slogan.
S. Costa
Attorney-at-Law
President
Pavements for hawkers? – the reality
"A Pedestrian" of Mt. Lavinia is the latest to complain about pavements that are meant for pedestrians being occupied by hawkers. He has, however, failed to include garage owners, motorists of all description, dealers in building materials, sweep ticket sellers etc., in the list. No authority - politicos, police, local body or the NTC - appears to have read any of the numerous letters not only on pavements but pedestrian crossings, road deaths, reckless drivers or even rapes, murders etc. Or having read them all of them they behave like the three proverbial monkeys to avoid trouble and responsibility.
It is no surprise that hawkers, garage owners et al occupy the pavements when municipal councils have now made it a habit to lease them to hawkers during the hew year and Christmas seasons totally disregarding the inalienable right of the pedestrian, the inconvenience caused to all and sundry and the dangers which pedestrians and bargain hunters are exposed to in the event of an accident or a pandemonium.
The letter under the captain Asinine politicians and bovine bureaucrats by Milroy Ratwatte (Dec. 16th) cearly pinpoints the lethargic, laissez faire attitude of both politicos and bureaucrats. If this is their attitude to the development of agriculture, the mainstay of the economy, what can anybody expect of them on such trivial matters as pavements, pedestrian crossings. etc. Let us grin and bear!
S. Abeywickrama
Nugegoda
The current wave of crimes, as reported in the press, is daily becoming more and more serious. Of these heinous acts, rape is the worst a criminal could commit as with any stretch of mind, it is difficult to conceive the trauma the victim suffers and the pain of mind the next of kin endures vis-a-vis the impulse that prompts the rapist to commit the act.
Crime is a social phenomenon and the criminal is the product of his social environment. The social environment that once revered the Triple Gem, Buddha, Dhamma and the Sangha is fast becoming one that bolsters crime and immorality, all for money. There is nothing that money cannot do except make a man a woman and vice versa. 'Panchaseela' is being blatantly breached day in and day out. There are liquor, drugs, illicit brews and rape, crime and daylight robberies. Murder has become second nature in society after the JVP insurrection and LTTE war. Men are in possession of lethal weapons. Law of the jungle has come to stay.
The sex maniac and the sadist have discovered that the present day environment is a haven for their women hunt. There were cases where women were forcibly dragged into vehicles in broad daylight and taken away, raped and strangled to death. But the on-lookers have been watching in awe, in pain and in silence and failed to budge an inch to save the victim through fear that had they interfered, they would be the next target of attack. Not a hum raised, the rapist has won. Besides, he is sure, the hangman has been sent on compulsory leave.
Law alone cannot stop the incidence of rape as the legal procedure is long and dilatory. As we know, rape is an offence difficult to prove in a court of law. As a result he may either go scot-free or escape with a minor punishment.
There should be severe deterrents. In 1960s or so, a commission was appointed to go into the working of the Police Department. The commissioners commenting on the subject of police assault said that "it depends on the purpose of the act." Therefore, it goes without saying that if the purpose is a worthy one the act is worthwhile. But it cannot be given legal status as it contravenes the fundamental human rights. However, the Police Department could make special arrangements without any infringement on the existing law to hand over the rapists to a band of hard core police officers selected at random from metropolitan as well as provinces. Such arrangements will prevent the criminal from exercising influence - political or otherwise - on the police. The ordeal the rapist has to undergo during interrogation and investigation will serve as a deterrent to would-be rapists.
S. S. Samaradivakara,
Kandy
Co-ordinated rail-road service
A news item appeared in the press recently to the effect that - a rail bus service would commence between Anuradhapura and Mihintale.
In this connection, I wish to mention that it was the practice, sometime ago to provide road buses to rail head stations to pilgrims visiting Kataragama to Matara; Sri Pada at Hatton and Ratnapura, Talawila at Chillaw and Puttalam; Wahacotte at Matale. This arrangement was a great convenience to long distant pilgrims.
I hope that this matter will receive the kind notice of Minister of Transport.
Jinadasa
Wickremasuriya
Matara
