“Gun culture cannot be wiped out until the ‘Wild Bunch’ calls the shots”: Walaliyadde

As such, the laws need to be tightened in order to reduce violence. However, weaker laws assist those engaging in crimes allowing them to evade the law by using loopholes. “So long as this unholy alliance runs the nation there is no purpose in enacting any law,” said President’s Counsel Tirantha Walaliyadde in an interview with the Daily Mirror.

Excerpts:

Q There has been a spate of shootings over the recent few weeks. What are your observations?

I would call this the “Al Capone Syndrome”. Unfortunately, the residence of the Al Capone Clan is surrounded by a deep moat and is well patrolled. This Clan has its opposition, which, by the way, is now part of the proposition, also resident in the same refuge by the lake, the whole lot numbering around 225, who know next to nothing about law but claim authority on the subject. Let us call it the “Wild Bunch”. It is here that the trouble lies- the mainstream shooters are not the Capones but their recruits are taken from all the trash cans that fester in the city. These little thugs form the 9mm culture under the grandiose label “The Underworld”. Gun culture cannot be wiped out, so long as the Wild Bunch, shall we say, calls the shots. The only solution is the lake by the moat which seems to beckon… don’t you agree? Of course, one must also consider the plight of the fishes who may also swim to Galle Face in such an unpalatable event. At the moment the Bunch is busy playing musical chairs.

Q What are the laws to control the use of small arms, guns and other weapons?

One is the Firearms Ordinance as amended-act 22/1996.

Section 2 of the Firearms Ordinance (Chapter 182) (hereinafter referred to as “the principal enactment”) is hereby amended as follows: - In context, “automatic gun” means a gun which repeatedly ejects an empty cartridge shell, and introduces a new cartridge on the firing of the gun;’ 9mm guns would fall into this category along with the T56 range and so on.

Briefly, anyone who possesses, or uses an automatic firearm to commit an offence, is liable to be punished with death or life imprisonment.

Q Do you see any pros and cons in bringing about gun control laws to a country like Sri Lanka?

So long as this unholy alliance runs the nation there is no purpose in enacting any law. It’s a waste of public money. There is sufficient law to protect this society from all types of crimes ranging from simple assault through elections, currency, bribery, computer, corruption, to insurrection terrorism and murder. The fault lies in its selective application. Again, this seems to be due to the manipulations of the Wild Bunch, and, that has contributed in the main to this miserable state of affairs. The object of criminal punishment in terms of this current violent trend in society should be deterrence and not rehabilitation.

So, to bring matters under swift control, the following could be done ;

■ Activate the death sentence very early in drug trafficking related offences and contract killings.

■ Remove the power of presidential pardon in drug related offences involving trafficking and contract killings.

■ Impose a minimum sentence of 7 years rigorous imprisonment without rehabilitation or parole for users/ addicts of hard drugs who started after the age of 16.

■ Establish an independent body of investigators with police powers parallel with the police, but independent of it, and powers of prosecution, responsible only to Parliament.

■ The catch here is: whom will the appointing authority be? So, Heads, I win- Tails, you lose - a catch 22…

Q Recently a state witness was killed in one of these shootings despite having an authority and an act to protect victims of crime and witnesses. What are the loopholes you see in this law and establishment?

The Witness Protection Act-if I may call it so for convenience- is not quite practical in Sri Lanka, the reason being that this country is territorially too small to accommodate the Act, and, because of the Wild Bunch through whose good offices the Act is activated regarding a person to be protected or an offender to be arrested and prosecuted and so on and so forth. Maybe one should ponder long and hard before invoking the Act if the complaint involves the Wild Bunch or its relatives, associates, acquaintances etc., in any way. The Act is also subject to much abuse because all a victim or witness has to do in order to cancel bail is to make a complaint in terms of the Act and the accused is likely re-remanded and the next bail has to come from the Court of Appeal, which will take time.