Was he pushed or did he fall?

Questions over the death of a youth in Embilipitiya puts the spotlight on the police and their action:

by Ranil Wijayapala

Protestors set tyres on fire in Embilipitiya

Sumith Prasanna, the 29-year old man who died after a controversial fall from a three-storeyed building in Embilipitiya, during a brawl between revelers and a team of police officers attached to the Embilipitiya Police Station, has created a tug of war between those wanting justice meted out to the bereaved family and the law enforcement authorities.

After several days of protests over the death of the youth, and tight security in the area activities in the town have returned to normal.

Embilitpitiya, home to over 75,000 residents is a commercial city in the Sabaragamauwa Province.It is a transportation hub that links the Sabaragamuwa Province with the Southern and the Uva Provinces. It became notorious for nefarious activities in the recent past.

A resident in the area when contacted, said the situation has been brought under control and business activities take place as usual.

However, to many who still cannot come to terms with the loss of the youth the truth is far from being revealed. They are sceptical about it being brushed under the carpet by the authorities.

With the residents determined to seekg justice, the law enforcement authorities are justifying their interferences in the incident scoffing off allegation that it was the Police officers who had pushed the youth down the building.

The Magisterial Inquiry into the death commenced last Wednesday, three days after the final rites were held amidst tight security in the area, to unravel the incident that led to the death of Sumith Prasanna Jayawardhena.

Sumith Prasanna

However, the act of grabbing the note pads of journalists reporting the proceedings by a Police officer during the magisterial inquiry on Wednesday showed the desperate attempt of the law enforcement authorities to suppress the truth.

The incident prompted Media Minister Gayantha Karunatilleka to inquire into the matter from Minister of Law and Order, Sagala Ratnayake to ensure the freedom of journalists to report the Court proceedings.

The allegation by Shashika Nishamanee Munasinghe, the pregnant wife of Sumith Prasanna, to the Embilipitiya police in a written submission through a lawyer, that the ASP in charge of the area had pushed her husband from the third floor of the building is yet to be confirmed before the Magistrial Inquiry.

Suspicion

Shashika made a written submissions as she was suspicious of the conduct of the inquiry by the Police and the manner in which the Police officers attached to the Embilipitiya Police Station and the DIG office in Ratnapura recorded her complain.

However, she needs to prove her statement as she is the only one, according to eye witness accounts so far, to make allegation that her husband was pushed from the building by the Police.In another dramatic turn of events Police Spokesman ASP Ruwan Gunasekara who handled the witnesses on behalf of the Police at a Magisterial Inquiry in Embilipitiya, has withdrawn from handling the witnesses to ensure an impartial hearings.

Therefore, various government agencies and independent commissions to ascertain whether the Police had a hand in the incident or whether the youth had fallen from the building when he attempted to flee from the scene to evade Police arrest.

According to the Embilipitiya Police, the incident occurred when a police mobile team from the Embilipitiya Police visited the building on a complaint that a party held in the building was causing too much noise and inconveniencing the residents.

Instead of toning down the noise, according to Police officers, the revelers and the owner of the house and his sons had dragged the Police officers into the building and assaulted them.

A coffin placed in the Embilipitiya town by protestors

The driver of the Police mobile unit who also came under attack had fled the scene in a three wheeler and brought another Police team from the Police station to quell the situation and arrest those who behaved in an unruly manner. Later Assistant Superintendant of the Police C.M.C. Dharmaratna had also visited the scene and the people gathered there fled to evade arrest.

However, police denied claim by those at the party that the incident occurred on the wake of Police officers who had gone there requested for alcohol.Despite claims that Sumith Prasanna was pushed from the building, initial investigations found blood stains to suggest that he had smashed the glass door that leads to the second floor of the building to get there.

Then he had got down to the first floor clinging on to iron rods of the slab of the second floor bleeding from his hand.

After an unsuccessful attempt to get down from the west side of the building, he had apparently got down from the northern side, clutching galvanised pipes but had fallen on to the ground.

The blood stains from a cut in his hand and on the walls shows that he had tried to get down from the building but had fallen from a height of 12 and half feet, a Police officer who conducted the initial investigation told the Sunday Observer.

However, these evidence gathered at the initial investigations are yet to be testified before the magisterial inquiry. The Police have gathered 21 witness accounts including the JMO report by Ratnapura JMO Dr. Tikiri Bandara and the witness gathered by the Government Analyst Department.

The incident led to the transfer of 21 Police officers attached to the Embilipitiya Police station with ASP Embilipitiya Division sent on compulsory leave.

However, a section of people including the police believe the protests against the Police were instigated by a group of people whose illegal money making businesses were hampered due to the action taken by ASP C.M.C. Dharamaratna and HQI Jeevendra Dias after handling the affairs of Embilipitiya Police division during the past one year.

Illegal businesses

According to Police the protests were led by those who were engaged in illegal businesses such as illicit liquor, canabies and also by the business community who felt their businesses were affected due to the new traffic arrangements imposed in the town.

The ASP had stopped consuming alcohol in front of bars and smoking in public places and that it had created an environment for the people to walk freely on streets, the residents in Embilipitiya claim.

According to residents in Embilipitiya it was the people from the business community who took part in the in the protest and not those engaged in agriculture. However the onus is on the law enforcement officers to prove that they did not act in a violent and illegal manner when handling the crowd at the party and that they had no hand in the death of the youth.

The people in Embilipitiya are closely observing the Magisterial Inquiry into the death and also on the inquiries conducted by the Independent Police Commission and by the Human Rights Commission over the death Sumith Prasanna.