Wednesday, 18 June 2003  
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Death penalty - debate in Parliament

I wish to congratulate the young M.P., Gayantha Karunatilleke (UNP - Galle District) for bringing up a motion in Parliament to introduce the death penalty. I also wish to thank MPs Jayantha Ketagoda (UNP), Bharatha Lakshman Pramachandra (PA - who under the PA regime brought a similar motion) and Nandana Gunatilleke (JVP) for supporting the death penalty which is the wish of the people of this country.

A special word of praise goes to Mr Ketagoda for suggesting to hold a referendum to decide whether the death penalty should be implemented or not. I am sure 99% of the voters will approve the capital punishment. After all, law of the land is the mandate of the people.

We have one of the most complicated legal systems in the world, which is basically biased towards the suspect. A murder case will have to be tried in the High Courts and to prove someone guilty is extremely difficult, for witnesses will be cross-examined by clever lawyers. Fabricated stories are difficult to prove. In fact it is very difficult to find a witness today for a murder case as his life is threatened. If found guilty, the suspect can appeal to the Appeal Court and finally to the Supreme Court. If everything fails, he could petition the President. A case may be dragged on for many years and the suspect has sufficient time to defend himself.

One can argue that everyone has no money to retain good lawyers. Well, in that case, do not resort to criminal activities.

On the other hand, by the time suspect is convicted, huge trees would have grown on the grave of the victim. He is dead and gone to enteral rest. No compensation for his life. Or for his dependents. If he is the breadwinner of the family, his wife and the children will be starved.

Children's education will be ruined and their future will be bleak. There is no one to help them, they will have to beg, borrow and steal. Generations will have to suffer untold hardships.

What is the justification for killing a man? Certainly the culprits should be punished with death as that is the punishment for murder! A poor country like Sri Lanka need not maintain a murderer in the prison at the expense of the State, if we cannot look after the family of the victim with adequate compensation. There is no natural justice here.

Problem here is that we try to take advice on death penalty from affluent people, living in Colombo who are neither party to nor victims of murder. As we all know, both murder suspects and victims are from poor families, basically from rural areas. Ask them, they will give the answer. That is why I praise MP Jayantha Ketagoda for proposing to go for a referendum in which event (if properly held) the vast majority of people will approve the death sentence as they are at the receiving end.

I was further shocked to notice that with the Parliamentary debate on the death sentence, the newspapers reported that a six-year-old girl has been raped and killed in Chilaw. I hope that sanity will prevail in our society. We are a poor nation, unlike rich countries where there is no death sentence. We have been at war for 20 years. We have 60,000 army deserters who resort to all forms of brutal killings. 60% of the population earn less than 02 dollars per person per day. There is a big underworld, which is supported by the politicians.

I personally believe that some politicians object to the death sentence, as they harbour criminals but being unable to disclose it take cover under human rights. How can they approve death sentence, if in the end their henchmen will be sentenced to death. These henchmen would have killed his opponents and brought him to power. So, the Parliament may not be likely to approve death sentence.

May I in conclusion say that if there are holes in the legal system, which are big enough for innocent to be convicted, please correct them. As ordinary citizens, we have lost confidence in the legal system of this country where the Police and the Judges take bribes, where the legal system provides for the soft living for the lawyers, where the witnesses are threatened with death, where the cases are never heard but postponed.

I kindly request the President and the Prime Minister to implement the death sentence for murder, rape, child abuse, drug offences and for large-scale bribery and corruption. Or please hold a referendum. Then, it is the people of this country who should take the responsibility for introducing the death sentence.

ASOKA DISSANAYAKE, 
Kurunegala

Freedom Park neglected after concert preparation

'Freedom Park - Keep the City Clean; Let's have a Green Environment' - Kotte Municipal Council'.

One cannot help but notice aforementioned message neatly written on conspicuous signboard at entrance to 'The Parliament Grounds' (TPG) - the playground that was once described as the 'other Galle Face'. In reality the contrast in standards between the ever-popular Galle Face Green, the Parliament Grounds is like chalk is to cheese - one a veritable paradise and the other a hell-hole!

Just before the world acclaimed musical group UB 40 was due to descend on TPG there was feverish activity in sprucing up the grounds next to the Parliament. A welcome jogging track was being laid, the couch grass, already dangerously knee high was given a timely mowing with motorised lawn mowers moving helter-skelter; exits were adorned with ornate iron gates that were supported by equally fancy, freshly painted posts. The Parliament Grounds were going to be lit up with strategically located spot lamps to give that extra glow... a glow that was not to be...

Incessant rains made the organisers shift the UB 40 Venue elsewhere and with that the fizz and the accompanying hype moved away from TPG.

The painting, the lawn mowing, the electrical cable laying, the jogging track, laying of hume pipes, the garbage collection etc., came to a grinding halt; worse, even the half-laid jogging track was unceremoniously stripped off the face of the earth! Although it covered only perhaps 25 per cent of perimeter, the once proud jogging track is only a path strewn with concrete debris of ex-track, half consumed rotting 'buth packets' intact with polythene, rock-stones, dog dirt, cow dung and whatever other 'obstacles' a jogger has to carefully take note of to avoid serious injury.

The conduit pipes and hume pipes are left cluttered about or half buried. The ornate iron gates? Well they have suddenly disappeared! The fancy fence posts have been wrenched off there once secure holdings... only ugly scarred holes remain. Couch grass (Pancium repens) is once again thriving, making it a haven for serpents. Clogged drains, (thanks to chiefly, indiscriminate throwing of empty soft drink bottles by inconsiderate revellers) around the grounds are also breeding grounds for mosquitoes. Paper, empty bottles, garbage everywhere! Yes, ugliness pervades the entirety of The Parliament Grounds - The Public Park situated next to our Parliament.

Stray dogs, cats and cattle share this 'outdoor lung' with the keep-fit gentry and of course the ubiquitous softball cricketers and drunks who even play floodlit games after dusk - oblivious to prominent notices prohibiting entry to The Parliament Grounds between 6.30 p.m. and 6.30 a.m. Then again 'Rules' in Sri Lanka are only meant to be broken!

May we propose that an immediate action plan on the lines of the well-maintained Galle Face Green be formulated and implemented. Naturally garbage collection (please provide taller garbage collecting 'drums' with lids), effective drainage as much of the grounds get waterlogged (no clogged drains and pockets of swamps), removal of unacceptable couch grass and replacing with suitable varieties after forking and levelling soil, restoring law and order are priorities after which those 'vanished' jogging tracks, ornate gates and fencing posts could make a comeback!

One has only got to borrow a leaf from those involved with the admirable management of Galle Face Green or perhaps the beautifully manicured public grounds one finds in abundance in the UAE, notably, Sharjah.

The writer has witnessed how efficiently parks are cleaned up by gangs of workers the 'morning after' partying by less responsible segments of Sharjah society; how well the grass is tended there, watered by subterranean aqua sprinkler systems which also adopt methods of 'fertigation'. No couch grass, broken jagged pieces of glass, stray dogs, cattle chewing cud in public parks of Sharjah!

There are reports that there is a stand-off between the Urban Development Authority and the Kotte Municipal Council. Whatever friction that exists between these two institutions, should the general public be adversely affected? Parliamentarians and the Kotte Municipal Council owe the public, especially those residing in and around Kotte, Battaramulla, Thalawathugoda, Pelwatte, Talangama, Talahena etc a better deal. Please provide them with a clean, safe public ground for rest and recreation.

DYAN SENEVIRATNE, 
Council Member of the Business Council for Sustainable Development Sri Lanka

Road accidents in Kandy

The number of road accidents have reached the peak level in Kandy and the relevant authorities must find solutions to curtail this very soon.

As a very long standing citizen of this once calm, salubrious and beautiful city of Kandy is a mess and I weep at the sorry state of affairs very specially the motorists and public transport buses, and the relevant authorities must act immediately.

There are three bus halting places constructed by the authorities opposite the Kandy Secretariat and these halts are obstructed by motor vehicles parked the whole day. But, all Katugastota bound buses stop opposite the army camp and the army officers' mess to pick up passengers causing traffic congestions. the relevant authorities have placed 2 'Strictly No Parking' boards here but the bus operators keep ignoring these rules.

The bus halting place opposite Dr. Badiuddin Mahmud Girls' College is also obstructed permanently the whole day with vehicles parked and buses have to stop on the middle of the road to drop and pick up commuters specially school children exposing them to great danger and risks.

I kindly request the relevant authorities to walk down Katugastota road from the Mahaiyawa tunnel up to the Katugastota bridge anytime of the day. It will be a nightmare because pedestrians have to use the main road exposing them again to great danger and risks since pavements meant for these pedestrians are being used permanently by car sales, garages and other business people for their use and they care nothing for the poor pedestrians.

Haphazard parking, blatant violations of traffic and other rules like using air horns in the city areas, belching motor vehicles etc. have been causing immense hardships to the general public in Kandy. Motor accidents in the Kandy city areas are mostly due to ignoring traffic rules.

I request the Kandy Municipal and other law enforcing officers in Kandy to immediately prosecute all law breakers and bring them to book. This will in a big way reduce road accidents and the general public will appreciate you.

ZUBAIR GHAFFOOR, 
Kandy

Tax amnesty

Reference the tax amnesty to be granted, it has been generally advised that even genuine tax payers submit declarations to the Department of Inland Revenue, so that they could also enjoy the concessions without any questioning on their tax declarations submitted up to 31st March 2002.

However, there is a drawback that those who enjoy tax holidays at present, should not submit such declarations as the tax holiday concessions granted to them would be withdrawn from 1st April 2003. Unfortunately this fact is not stated in the Inland Revenue (Special Provision) Act which is being highly published, but is in the Inland Revenue Amendment Act.

I understand that the Ministry of Finance had agreed to withdraw the proposed amendment at the committee stage of the Bill. I suggest an early announcement be made in the press, so that any doubts in the minds of the public at large, would be cleared and better cooperation could be expected from them.

The final taxation instalment for 2002/03 has to be settled on or before 30th September 2003. Regrettably tax refunds due to genuine tax payers have not been expedited. Since the Department of Inland Revenue accepts all declarations submitted in the past up to 31st March 2002, under the tax amnesty approving tax refunds need no close scrutiny. In accordance with the Inland Revenue Act we could claim credit in respect of refunds due. Regrettably when these claims are made assessment notices are served showing this claim as underpayment, and penalties are also imposed on same.

Therefore, I appeal to the Department of Inland Revenue to send out letters on or before 15th September 2003, confirming the refunds due, and also granting approval to deduct same when making final payment on or before 30th September 2003.

This step would ensure that our cash flow is not adversely affected. Usually from August to December our cash is badly affected due to frequent tax payments (due dates: 15th August, 30th September, 15th November), in addition to Christmas commitments. We expect the Department of Inland Revenue to assist us in disciplining our cash flow so that business could be conducted without cash difficulties.

S. R. BALACHANDRAN, 
Council Member, The National Chamber of Commerce of Sri Lanka

Beef to be eliminated from patients

Ref the above letter in the Daily News of 29.05.2003.

The Hospital Committees are not appointed to perform meritorious acts, but to see to the welfare of the patients.

Prescribing a patient's diet is strictly the functions of the Ward Doctors, and whatever diet is prescribed is purely in the interests of the health of the patients.

The Kandy Hospital Committee seems to have overstepped the mark in eliminating beef from the diet prescribed to the patients for reasons unknown.

The authorities should intervene and restore the status quo, and also lay down a code of ethics for members of all hospital committees, preventing them from interfering in the functions of Hospital Medical Staff.

C. H. CHICKERA, 
Gintota

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