I
referred to this case in an earlier blog entry as to the schools failures and
the prevalent issues today with regard to under-funding of education, and
the reliance on parents to support a schools survival. I will touch on the
legal aspects here.
The
Daily Mirror paper today had the following reference to the issue above linked
The
Secretary of the Ministry of Justice, Mrs Kamalini de Silva has faulted the
Police and the Acting Magistrate in this regard, as they had acted
unnecessarily harshly though within the law. The Police spokesman has defended
the Police action as in keeping with Section 367 of the Code of Criminal
Procedure in defending the Police action in this regard, and that the police
had no authority to refer the case to the Mediation Board as it was up to the
Magistrate to do so.
The
Acting Magistrate has two options if the case is brought to him for review. He
has the option of referring the case to the Mediation Board as it is a small
crime or taking it up on a future date, granting the child bail on a surety of
Rs50,000. He obviously chose the latter, but it would have been more wise to do
the former. He however acted in keeping with his mandate, and the
representations made by the Police, in regards to the facts of the case.
One
faults the high handedness of the Police in NOT using common sense. Something
severely lacking in Sri Lanka and most especially amongst public service
personnel who join this service precisely because they lack common sense!
When
the suspect is brought before a policeman in the police station and the
complaint made for the alleged crime, the Police ought to get the two sides to
agree to giving the Girl “police bail” (policiya apa denna) where someone will
sign a surety promising to bring the girl to the Courts on the required date to
be sentenced. Then whilst the case is filed it does not have to require
immediate presentation before a magistrate and necessary action taken
accordingly.
If
police bail was granted by the Police, the issue would not have made the level of
news it did and at a future date some kind of recompense could be agreed with
the victim in front of a magistrate and the matter closed! It is hoped that following
this incident a circular will be issued with regards to small crimes committed by
minors
No comments:
Post a Comment