Monday, June 1, 2015

Our Legal System is a drag (impediment / hindrance) to rule of law and morality It is slow.


Our Legal System is a drag (impediment / hindrance) to rule of law and morality

1. It is slow.

2. It perpetuates inefficiency.

3. Lawyers thrive on the inadequate mechanisms.

That is why they are (not all) very rich.

If any country if inefficiency makes one very rich there ought to be serious review of the system.

Let me illustrate few examples.

We have passed a drug regulation ordinance.
This was based on principle of fair play in business (brain child) fearlessly articulated and introduced by late Prof. Senaka Bible (I believe he was poisoned in the plane he was traveling and the very company which was instrumental in his demise organizes an annual oration in his name-that is even sickening).
I was one of the very few fortunate souls who were benefited by his quiet, unassuming and forceful arguments against proprietary names as against generic names.
Listening to his lectures was a pleasure.
I cannot remember the exact words, but the message was hard wired into my brain.
When I was in UK, I followed his methodology and my superiors were very much surprised by my intents.
I used to argue, it is like the dialects in different parts of UK, which I cannot understand.
English cannot speak English but pharmacology has to be pure and not inundated by dogma and proprietary names.
Not only they were impressed (not all unfortunately) but I got good references, too.
I have visited few pharmacies and asked them where I stand.
They have no set guidelines to follow.
It is a big failure passing legislative enactments without mechanism to monitor its efficiency.
Just like the 19th and 20th amendments to the constitution, the authorities with vested interest are dragging their feet.

As regard to the constitution I hate the present constitution from its very inception.
It need to be abolished or abrogated.

We need a new one to the needs of the rigours of current century with money laundering and international and national crimes (bribery, corruption and drug lords and mafia) in vogue.

Let me list my own experience.
My maternal grand father was cheated by this system.
My mother was cheated.
My father was cheated.
My father in law was cheated.
I was cheated.
I will give two of my personal experiences to illustrate the predicament.
I have many but I fought the system with guts but not with my might (the system was too mighty to crack).
This system has failed me and to address the needs of three of my generation descendants.

It is true for the current and the fourth and fifth generations.

The system is there to protect the criminals.

If the system does not protect they end up in the parliament as members of the underworld.

My first day of official work, I had to attend for five murders.
Thankfully, I got the information, before the police arrived.
I reported sick.
In any case I had three days of official leave.
One to travel.
One to unpack.
Three to take over.
The take over day I felt sick by default, the arrival of the police.
I thought it was a bad omen.
After all I was not the only medical officer.
There ought to be an appointed JMO.
I am only designated acting in the absence of the official JMO.
That guy was a crook and a drunkard, I later found out.
I told to his face in the Magistrate Court one day, you cannot play fool with me unofficially.

He feared me more than his superior.

CASE 1
Let me relate my first murder case that followed within a week.
I was called by the police in the middle of my grand ward round.
This hospital had more putative servicemen and women than patients when I started.
I made sure that there were at least two for every servicemen / servicewoman within a month.
I got the malnourished pregnant women to be in charge of the kitchen since the cook was a crook.
The clerk was a swindler.
The supply officer was even worse.
I told the police that I will do the postmortem after lunch, in actual fact I did not have time for lunch.
I sent my postmortem aid as a secret serviceman to investigate all the gossip and guard the body till I reach there
I did not trust the police. It was their duty to guard it but they are wary and cunning.
I did not want the to a sucker for them.
The police gave a cock and bull story, which I did not believe.
I will cut short this now.
According to the gossip collected by my postmortem aid.
It was blue murder.
He was a known thug (kappan man) who terrorized the region.
He was killed by an assortment of five officers.

1. The chief was the Grama Sevaka (Village headman).

2. The second was a school master.

3. Third was the public health inspector.

4. The fourth was the OIC.

5. The fifth was a villager who had a personal grudge with the guy who was killed.

6. There were few more associates which would total up to minimum of 10.

It was one man against an official gang.
He was outnumbered.
He had 23 or more injuries (again I won't be expressive) both external and internal with his liver ruptured.
There were injuries made after his demise to fit in with the police cock up or cook up story.
I did a complete PM and took necessary specimens including blood scattered around the body (they were from the onlookers-blood shed by leeches-not the victim-to look stupid in front of the police officers.

Then police officer wanted a report.
I told him, I will provide it later, besides, I need to make a copy and crosscheck everything.
Then the police wanted a coroner's report.
The coroner was a stupid guy.
He wanted my opinion.
I send the police to get some toddy / sweet toddy included.
We went to a nearby house and by that time young coconut were available, I was ready for a sweet drink.
I refuse any food, since in these scenario I can be poisoned.
I am sure of the police gets the best toddy available and they would dare poison me.
So this coroner got a piece of paper and started writing it.
At the end he showed it for my perusal
It was horrible in content and court language.
I took it and put it in my front shirt pocket took the coroner to a side and told him to come to my quarters, to iron out the details missing (not with police but on his own).
I left the place with police escort and toddy.
There were few daring insult to the etiquette and violations of fundamental law in operation.
But I wanted to make sure that even though I was a novice that I did not interfere with the rule of law.
I took the mickey out of the police officer who was prosecuting in courts.
I could see a little smile in the corner of the mouth of the magistrate, every time I responded.
The police wanted close the case but the judge ordered further investigation on the strength of my report and my counter arguments against the police's cock and bull story of the prosecution.
I left this place in good time to join the University.
Few months later, the OIC visited me in the university to make me change my report.
I told him in no uncertain terms that if he comes again I report it to the police commissioner and if he needs any clarification, he can call me to the courts again and if he does that I would be more ruthless.

I never saw him again and I never bothered to find out what happened to the investigations.
The context has not improved but it has worsened after the commissioning of the Provincial Councils in which police responsibilities are not clearly defined.

CASE 2
It was a case where I had to defend my father who had a stroke (partially paralyzed).
His paralysis was a blessing in disguise where I could intervene with might.
The case was against the Municipality.
Everybody knows it is that you are bumping your head against a brick wall.
I met the GA and took his advice.
This was a case of illegal felling of two jack trees and encroachment on our road reservation.
1. Culprits Mayor.
2. Works Engineer.
3. Land officer and his cohorts.
There are few others who helped me still living in their eighties, good civil servants, I would not mention here.
In this case I got into a big soup, even though I obtained an injunction.
I went abroad soon after and the Municipality.

My father's lawyer was horrible.

He made daring mistakes in his application.
I made all my initial application in English and that saved me at the end.
This lawyer was bad in his English as well as in his Sinhala (leading lawyer, I never call him at my home since he cheated one of my old friends in my school in his death bed).
He wanted me to withdraw my application and the injunction I obtained (he has obtained it not in my name but the name of the power of attorney who was my servant (another big mistake, I made).

The lawyer representing the Municipality was another crook.

For three months, I was arguing with the lawyer but he won't listened to me.
For my luck the appearing lawyer died young (not the attorney advising) and a Tamil lawyer of Indian descent (he died recently in his old age) had to take over the pending cases including my one.

He was good and listening lawyer.

The disgusting attorney had told me that I cannot have another case simultaneously when I resend or withdraw my application with possibly damages to be paid to the Municipality.
I had to split my brain for three months.
With the help of my Tamil lawyer (my idea) I withdrew the case and simultaneously appealed for retaining the previous bindings I obtained in my name (correction to the previous case) and judge did not object.
Whenever, I see the Municipality lawyer on the street he avoids me like a venom.
I believe he no longer works for the municipality (a liability).
My maternal grandfather wanted for me to be a lawyer (I was too young to be of any help) but he died pending all his cases and without any power of attorney.

A dead end to his saga.

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