Criminal investigation:

The folly and danger of rushing to conclusions

by Edward GUNAWARDENA

A major talking point today is the rising end of unsolved crimes. Of all unsolved crimes, the assassinations of politicians and media personnel and the causing of grievous injuries to media personnel are the hot topics.

In the case of the killings of e.g.: Neelan Tiruchelvam, Lashman Kadirgamar, Raviraj and Fernandopulle everybody pointed a finger at the LTTE. The Government, the Opposition and the public firmly believed that they were LTTE jobs. The police have thus so far failed to make meaningful arrests. The heat died down soon, media enthusiasm wanted and so did the public interest.

None raised a finger

In the case of crimes against media personnel and media property which also have been very professionally carried out, none has raised a finger at the LTTE. This has happened because the Opposition, the media and above all the NGOs championing the free media and human rights have effectively clouded all other possibilities by directly and indirectly accusing the Government of all crimes that have been committed against media persons and property.

The freedom of the press and human rights are no doubt cornerstones of democracy. And violations of these can certainly bring discredit and disrepute to the Government particulary among the other friendly democracies in the world. In a world full of intrigue it has become a common pastime for intelligence agencies of strong nations not only to destabilise enemy states, but even friendly neighbouring states. It is quite obvious today that propagandists financed by these agencies are working overtime to portray Sri Lanka as a State violating human rights and press freedom.

The question that we need to ask ourselves is who stands to benefit in the prevailing scenario? To the LTTE that has for decades revelled in disembowelling innocent, defenceless, women and children, killing a few media personnel is peanuts. If the LTTE with all the propaganda machinery sympathetic to it can create the impression in the minds of people in the country and more importantly abroad that these dastardly crimes against humanity are committed by the Government, the LTTE now reeling in defeat and clutching on to the last straws probably believes that nations supporting the Government will withdraw such support.

Might of pen

Secondly what benefit does the Government stand to gain by suppressing the media? No sane government in the world today will attempt to suppress media freedom by destroying presses and killing journalists. Presses will burn, journalist will die, but the might of the pen will live on. Furthermore unlike a decade ago information can be disseminated in many ways.

Even if all the newspapers and TV stations are shut down, the Internet, e-mail and broadcasting will prevail. Clandestine broadcasts, e-mails and newssheets printed on portable desk-top printers will reach the news hungry people. Eager for news a literate public will even beg, borrow or steal and read every Kele Paththaraya. Gossip and rumour will fill part of the vacuum. Authors, artists and dramatists will also enter the picture. Some may even emigrate and publish abroad.

All these will have a devastating effect on the Government. This is a lesson of history. No government desirous of lasting and escaping the wrath of the people will be so foolish as to forcibly suppress the media from writing or reporting freely.

In the investigation of crime a cardinal rule is not to rush to conclusion based merely on possibilities or on speculation by the mass of the people or the media. The police may heed public opinion, but not be moved or influenced by public perceptions. Even the existence of a motive for the crime is inadequate. Police needs to act on evidence and evidence alone.

In crimes against the media it is significant that investigative journalists are the most vulnerable. Investigative journalists target not only the wrongdoing of the State, but also of public figures and men of social standing. Underworld activities receive their harsh and particular attention. It is more probable than possible, given the chance persons so exposed will act revengefully.

Damage

It needs to be said that when politicians take the lead in a crusade alleging State apathy and police inaction in cases such as the killing of the Sunday Leader editor without really knowing the leads that the police are pursuing much damage can be done to the investigation. Opposition politicians and anti-government lobbyists conveniently ignore the possible culprits mentioned in the preceding paragraph. Raising such suspicions do not bring political dividends as much as vociferously pointing the finger at political opponents. Irresponsible speculation particularly by persons in leadership positions can dampen the spirits of even seasoned investigators particularly in a country where the bureaucracy is highly politicised.

Criminal Investigation is replete with cases of public opinion backed by the media barking up the wrong tree resulting in adverse effects on the investigation. The famous murder case of the early fifties, Regina vs Sathasivam evoked maximum public interest because Sathasivam was a cricketing celebrity. The circumstances were such that everybody rushed to the conclusion that Sathasivam was the killer of his wife.

Carried away by mass opinion even the police faltered. The IGP of the time Sir Richard Aluvihare who had no experience in criminal investigation, swayed by public opinion exercised his power and influence over he investigation. The seasoned investigator Asst. Supdt. Albert Silva who was well-known at the time as `Honest Albert' resigned. The scientific evidence, mainly the evidence of Sir Sydney Smith led by Dr. Colvin R. De Silva proved that Sathasivam was innocent. The real killer had been William, the household servant who had been made a 'Queen's witness'.

Sathasivam

In his celebrated work Mostly Murder, Sydney Smith says "At the beginning of the trial local opinion in Colombo was strongly against Sathasivam, and I personally received a number of letters cursing me for interfering with the course of justice, which apparently meant the hanging of the accused. One writer said that he was praying to the Almighty to strike down the aeroplane in which I was travelling back to Britain. This seemed a bit unfair to the other forty or so passengers on the plane, but by Devine Providence they and I were saved" (P 293 Mostly Murder, Harrap & Co. 1955).In conclusion, I would like to cite a case of the 90s that clearly illustrates my contention of the folly and danger of arriving at conclusions without evidence and a full investigation. On 19th April, 1995, the Alfred Murrah Federal Building in Oklahoma City (US) was destroyed by a powerful car bomb. The blast left 168 dead and over 500 injured, and little doubt in the minds of the people as well as experts that the perpetrators were Muslim fundamentalists. David McCurdy, former Chairman of the Unites States House Intelligence Committee interviewed by CBS shortly after the bombing stated, "There is very clear evidence of the involvement of fundamentalist Islamic terrorist groups".

Oliver Revell of the FBI, a Director of Investigations and Counter Terrorism expert interviewed by he Baltimore Sun on the day of the blast stated, "It's most likely a Middle East terrorist job. The Modus Opratindi is similar".

The editorial of the New York Post of 20th April, 1995 calling for a military response to the bombing stated, "Knowing that the car bomb indicated Middle Eastern terrorists at work, it's safe to assumed that their goal is to promote free floating fear and a measure of anarchy thereby disrupting American life".

On June 2, 1997, Timothy McVeigh of New York was convicted of bombing the Murrah Federal Building. On December 23, 1997, Terry Nichols of Michigan was convicted of conspiracy of aiding him. Neither were Middle Eastern terrorists!