22 July, 2017

Citizens Want CJ To Hold Rape Victim Vithya’s Trial-At-Bar Before Tamil Speaking Judges

A group of people from rape victim Sivaloganathan Vithya‘s native village Punguditivu, Jaffna has written to Chief Justice urging him to hold the trial-at-bar of murder and rape case before Tamil speaking judges instead of in Colombo before Sinhala speaking judges.

Priyasad Depp – The Chief Justice

In a letter addressed to the Chief Justice on 11th May, the signatories said they were extremely concerned about reports that the trial-at-bar against those indicted for the murder and rape of Vithya will take place before three Sinhala speaking judges in Colombo as opposed to a trial-at-bar in Jaffna.

“The transfer of the case before three Sinhala speaking judges would mean that they will have to listen to evidence and testimonies in translation, thereby greatly affecting the ability of the judges to make a first-person assessment of the evidence. It will also mean that the entire non summary inquiries will have to be translated into Tamil leading to further delay in the commencement of the trial. The conduct of the case in Colombo would also be in violation of the language rights of the affected party enshrined in the Constitution,” the signatories hailing from the victim’s native village said.

But more importantly, the letter said that the transfer of the case to Colombo will greatly affect public confidence in the judiciary. “The conduct of the trial at bar in Colombo will amount to a continuation of the earlier bad practice that involved transfer of cases from the North and East to stations outside of Colombo. We also believe that this would lead to the impression that courts and judges in the North-East are somehow inferior in standing to courts in the South,” they noted.

The signatories therefore urged the Chief Justice to reconsider the decision and appoint three Tamil-speaking judges to hear the trial at bar case in Jaffna.

Last year the independence of the country’s judiciary was questioned after Colombo High Court acquitted all five suspects including three former intelligence officers of the Sri Lanka Navy in the murder case of TNA MP Nadaraja Raviraj. The decision was received with vehement opposition with even Ministers in the government condemning the court decision and also questioning the independence of the country’s judiciary. Many who voiced their disappointment over the court ruling questioned if the trial was fair, taking into consideration that the members of the special jury, the judge and even the suspects were all Sinhalese while only the victim was Tamil.

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  • 12
    0

    justice delayed, justice denied.
    Vithiya wants her offenders punished early but the judiciary in Sri Lanka is lacking in serving justice to Vithiya.

    • 19
      1

      Along with Sri Lanka Police, Judiciary is among the most corrupt & lethargic institutions in the country.

      Cheers!

      • 1
        23

        Sellam and Ben Hurling:

        Take it to Tamilnadu courts.

        • 17
          2

          jimsofty dimwit

          “Take it to Tamilnadu courts.”

          It a novel idea.

          How about conducting the war crime investigation under Tamil Nadu jurisdiction?

          You too should be charged with inflicting mental cruelty on unsuspecting CT readers with your dimwit.

        • 5
          1

          jimsoftly:

          I think that should not be a problem. I salute you for such a courageous and righteous stand. Looks like there is no need to go to the UNHRC – the Tamilnadu courts are just around the corner. You are great jimsoftly. Thank you.

        • 4
          0

          jimsofty
          “Sellam and Ben Hurling: Take it to Tamilnadu courts.”

          even jimsofty has lost trust in the Sinhala courts.

        • 1
          1

          jimsofty :”Sellam and Ben Hurling: Take it to Tamilnadu courts.”

          Jimsofty – read DR Dayan Jayatilleka’s Modi doctrine – perhaps you already read it and hence why you are making this suggestion.

          As according to By Dayan Jayatilleka Sri Lanka will be soon another state of India and will be annexed to Tamil Nadu for administrative purposes.

    • 1
      2

      Sellam,

      “Vithiya wants her offenders punished early but the judiciary in Sri Lanka is lacking in serving justice to Vithiya.”

      Court cases take a long time.

      • 9
        0

        Lone Wolf

        “Court cases take a long time.”

        Justice delayed Justice denied.

      • 4
        0

        “Court cases take a long time.”

        True. In Banana Republics.

        With utterly rotten institutions run by extremely corrupt officials. Such as ours.

        Cheers!

        • 4
          0

          Ben Hurling

          “With utterly rotten institutions run by extremely corrupt officials. Such as ours.”

          There have been many incidents where important files and evidences have gone walkies, witnesses intimidated, juries nobbled, either police not doing a thorough investigation or not producing the case properly (due to certain social obligation or simply for substantial bribe paid by the interested party), inability on the part of victims to pay for the right legal advice, collusion between both lawyers, …..

          Victims need to have justice, not blamed for being victims as we have seen in this island.

  • 5
    1

    How much coverage did this case (Vithya of Pungudutheevu) receive in Lankan media?

    There was a similar case reported by AHRC in CT of 22 March 2017
    “https://www.colombotelegraph.com/index.php/rape-suspect-of-a-15-year-old-girl-released-without-proper-investigation/ .

    In both cases VVIPs stepped in to protect the suspects. The Vithya suspect evidently videoed the rape. He has escaped to Swiss and watches it with his close circles.

    Nothing wrong with judges. The prosecution can tailor the case to design acquittals. This happened in Raviraj case.

    When the Vithya case came for initial hearing agitated people turned up to be quickly chased away with teargas. Some were white-vanned. Gota said “Terrorists are active”.

    • 2
      0

      K.Pillai,

      Are you a close friend of “justice”?

      “In both cases VVIPs stepped in to protect the suspects.”

      Except a TNA wannabee MP who became the lawyer of “Swiss Kumar” I haven’t spotted any VVIPs. Please identify them clearly to help me.

      “The Vithya suspect evidently videoed the rape. He has escaped to Swiss and watches it with his close circles.”

      I doubt very much that “Swiss Kumar” has been bailed out of remand prison and even more your claim that he has left the country. No judge will allow an accused in a case like this to leave the country and even less the “Jaffna hanging judge” who is likely to be in charge. Please provide a source.

  • 3
    13

    when right here people talk about the peoples’s need to jail the suspects, when we here here that people are already biased, then how anyone can expect justice in Jaffna ?.

    Because, the judge is there to to balance the evidence and gives the final verdict.

    Now, instead, if the case is transferred to Colombo only the sinhala judges hear the case, then we know, there cannot be any factors that hinder the judgement.

    If Tamils want they have to ask the govt to removes the political biases in the Tamil society including those so called rich or the high castes raping and killing innocnet girls because they did not like poor coming up the ladder and they wanted to show their power.

    • 3
      1

      “when right here people talk about the peoples’s need to jail the suspects, when we here here that people are already biased, then how anyone can expect justice in Jaffna ?.”

      No one wants the “suspects” jailed, only want the justice done to the affected party.

      Translation will take at least twice time for hearing. This case is already delayed for more than two years. Time was already wasted by non-Tamil speaking police in listening to translation of witnesses. Any further delay will erode the confidence in already dented judiciary and police. Has there been any precedent in trying the cases involving Sinhalese parties – both plaintiff and accused – by all-Tamil judges in far away location? It’s accepted that Singhale leaders are the rulers but when it comes to cases with parties that were 100% Tamil speaking and the incident itself occurred in their area it is only fair that the cases are conducted in their area.

    • 3
      1

      jimsoftly:

      Well, donkey like you has a wasted brain that erases the historical perspective towards such a concern that has essentially left the judiciary in tatters.

      “Now, instead, if the case is transferred to Colombo only the sinhala judges hear the case, then we know, there cannot be any factors that hinder the judgement.”

      For once, you seem to have a point there. Then, it follows that all sinhala cases should be transferred to Jaffna to be tried by a court of Tamil judges to prevent bias. You are such a gem.

    • 0
      0

      I like Jimmy’s logic. Next Gnasara gets arrested, which he will, let’s transfer him to Jaffna to avoid any political bias.

  • 6
    2

    If acceded to this request it would obviously be unsafe.

    The social economic status, religion, race, caste or creed of the accused or the victim is irrelevant consideration in sentencing policy what matters it to deliver the message to all those who have no respect for other persons life and rights.

    The crimes of violence upon woman need to be severely dealt with.

    I am sure that the Chief Justice will see to that.

    • 4
      1

      Nagananda
      “Citizens want CJ rape victim Vithya’s Trial-at-Bar before Tamil speaking Judges”.

      You say the “The crimes of violence upon women need to be severely dealt with”. True. No problem.

      There is the precedent of the Krishanthy Kumaraswamy’s case where a legal and fair judgement was delivered at a time of war. The accused was a soldier from the majority community
      Now there is peace and the victim was raped after the current government came to power.

      Your position that the social economic status, religion, caste of the victim and accused Is irrelevant in sentencing policy and what matters is to deliver the message to all those who have no respect for other persons life and rights is well conceived especially when it comes to a crime such as this where the victim is a female. OK.

      But the only objection many including myself have for your stand is that is your objection about the popular citizen’s request to have Tamil judges hearing the case should not be acceded to. Why?
      The offence was committed in a predominantly Tamil village in the North. . The victim is a Tamil. The accused are all Tamils.
      Are you of the view that Tamil judges are incompetent and will not deliver a legally fair verdict?
      Can I presume you must be in full approval of the verdict in MP Nadarajah Raviraj’s assassination case.

      • 4
        1

        Uthungan

        The do-gooders sometimes tend to forget the circumstances surrounding past and present cases, outcome and consequences.

        In the Krishanthi’s case it was an Sinhalese army commander who was close to her parents took it up with Chandrika, according to my sources.

        Otherwise this would have been seen as another “self rape” case where the victim committing suicide along with others.

  • 1
    1

    first the buggers must be castrated without an anesthetic and then brought to trial.castration before the trial is more important than type of judges.

    • 4
      1

      shankar

      “first the buggers must be castrated without an anesthetic and then brought to trial.castration before the trial is more important than type of judges.”

      Castration won’t stop rapists from re-offending.

      Many studies have confirmed this.

      Note the notorious Delhi rapist not only repeatedly raped the girl but raped with rod as well.

      Men can “screw” women or men without both of their balls.

      visit:

      Does Castration Stop Rapists?

      http://abcnews.go.com/
      Health/story?id=3985832&page=1

      • 1
        1

        native

        okay,then how about inserting a pipe with barbed wire inside it up their bums,then slowly taking the pipe out leaving the barbed wire inside.Then slowly taking the barbed wire out.That should send the message don’t you think to other gang rapists.To the civilised we shall be civilised,to the uncivilised we shall be uncivilised.Main thing is the people should approve what we are doing.If the majority don’t protest,it is okay.Never mind a vociferous few like you.majority opinion is what matters in a democracy.

        BTW this innovative approach of pipe plus barbed wire is a srilankan first devised by our forces during the war,not by me.

        • 3
          1

          shankar

          “okay,then how about inserting a pipe with barbed wire inside it up their bums,then slowly taking the pipe out leaving the barbed wire inside.”

          Were you trained by the Joseph Camp (Vavunia) experts in the innovative art of torture?

          Is that why you always defended the army spit and polish private Black and Decker?

          “That should send the message don’t you think to other gang rapists.”

          Ask any rapists they would say their Willy worked faster than their brain.

          Lock them in and throw the keys away, life means life. They will rape their fellow inmates.

  • 2
    1

    THis request is entirely correct and should be upheld. Where is the voice of the TNA on this? Where is the appeal of Mr (recent) PC Sumanthiran, the hopeful heir apparent to Sampanthan?

  • 4
    3

    I understand that this crime was perpetrated by youth who are supposed to be tamil ethnicity, including an ex-Sri Lankan, now a swiss national. But the cry for Tamil speaking judges, in the guise of possible acquittals, in the name of implied ethnic bias, giving the impression as if armed forces are responsible for this crime is repugnant. People forget that Krishanthi Kumaraswamy rapists and murderers were convicted and sentenced by Judges who are of Sinhala ethnicity and may not be Tamil speaking. That crime was committed in the Northern Peninsula but the case was heard in Colombo. Accused were in the forces but both the trial judges and the judges of appeal gave upright verdicts. The imputation that the AG’s department would conduct a prosecution in Vithya case leading to an accquital is also unacceptable.

    My gut feeling is whatever be the outcome of this trial people who are trying to caste aspersions on the judiciary will continue to do so implying that there is a crying need for imported Judges.

  • 0
    1

    Goode Sense?
    What are you trying to say when you type ” “But the cry for Tamil speaking judges, in the guise of possible acquittals in the name of implied ethnic bias, giving the impression as if armed forces are responsible for this crime is repugnant”.
    Who mentioned anything about the armed forces implied lay or expressly and what ethnic bias is involved in the request for Tamil judges who were appointed in accordance with the constitution of the country.
    If you have a racial bias that Tamils are being legitimately appointed as judges of the Supreme e Court then have a special clause included in the country’s constitution to ensure that from happening.

    • 1
      1

      I don’t think a misreading of my comment deserve a reply. If one reads the main article as well as the comments it is clear that it forments ethnic disunity. I have, amidst all possible risks, sheltered minorities in heights of pogroms and know first hand the value of unity, mutual respect of people. Why on earth one must cry for Tamil speaking judges to hear this type of case? It is for a different purpose. I never spoke of an ethnicity in appointing judges to any court but you, Uthugan, have. In my view by and large judges of this country have done their job well leaving alone their ethnicity.

      Let us strive for amity supported by meritocracy.

      • 1
        0

        If you thought that your comment was misread or even misunderstood, why did you reply in justification of what you had said in you comment.
        Doesn’t that imply that your comment was senseless and irrelevant and that you are desparately trying to evade and prevaricate by trying to justify you hollow argument.

  • 2
    1

    A very reasonable request to hold this Trial by Tamil speaking Judges.This is another example where People are wary about our Judicial Process.
    I hope the CJ WHO IS A SON OF A FORMER DIG when standards of the Law enforcing agencies were high would accede to this request.

    • 0
      0

      “When soldiers are stressed out, they play these small jokes on civillians just to releive their stress.”

      There is a code of conduct to be followed. Soldiers are not above the law.

    • 0
      1

      Go back to Tamilnadu or where ever you came from or to west where you have justice.

  • 1
    4

    When soldiers are stressed out, they play these small jokes on civillians just to releive their stress. It’s all part and parcel of war. If you don’t want war, don’t start one. Simple as that.

    If you start a war, expect these kinds of little mishaps.

    • 4
      0

      Rtd. Lt. Reginald Shamal Perera

      “If you start a war, expect these kinds of little mishaps.”

      I can understand when a concurring army played these small jokes on civilians however why the hell do you play these silly games on your under aged daughters, nieces, sisters, your mother and beast of burden while your wife is out cleaning Arab toilets?

      Is it good fun?

      Make sure you don’t populate the future generation with බූරුවා ලේ (Buruva Le – Donkey blood)

  • 0
    0

    “Sellam and Ben Hurling: Take it to Tamilnadu courts.”
    It could be much better if you can make the necessary arrangements

  • 0
    0

    Is it the culture in SL to rape torture and and murder the unarmed non state people for the peasure or is it part of a schemed planned genocide process

  • 0
    0

    I thought the suspects were ALL TAMILS and one of them is Swiss?
    But it is not bad to move it to a Tamil speaking judge and tamil speaking lawyers specially if the alleged suspects are Tamils too.

    As for rape, this is not something to blame Ts or Ss. LOOK at India. Last week a low caste girl was raped and murdered in Haryana. India is rape country for hapless Hindu low caste girls because their religion promotes bias and prejudice. Those rapist bashed her head with bricks and left her to die. Dogs started eating at her corpse. High Caste HINDUS refused to intervene. Shame on some of you Racist Tamils to smear all Sinhalese for this. So many rapes on a daily basis in India in HINDU areas even in Tamil Nadu. So is it in Indian genes? NO it is in the backward primitive unenlightened culture of the MALES in India, Sri LAnka, Pakistan and every S.Asian nation. India is the worst because of Hindu Casteism. In Afghanistan of course it is bad because of Taleban Islam dictates women.

    BTW, LOVELY NEW format and arrangement CT

    • 0
      0

      “I thought the suspects were ALL TAMILS and one of them is Swiss?”

      They are all Tamils but one had lived in Switzerland. I don’t think that he is a Swiss citizen. Unfortunately many of the diaspora behave badly when visiting their former home villages. Partly to show off their money and partly because there is lack of law and order in SL.

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