In Search Of Justice For A Dead Brother
Three men, including a police officer, forced the mentally-unsound Sivakumar Balakumar to drown on October 29.
By Cassandra Mascarenhas
The horrific death of Balawarnam Sivakumar, the mentally unsound youth who was brutally beaten by three men and forcibly drowned on October 29 in Bambalapitiya, has plunged his loved ones into despair. His family and friends laid him to rest amidst much sadness on November 1 in his hometown of Koslanda.
In 2007, the then-24-year-old Sivakumar had an affair with an 18-year-old girl who was married to a 32-year-old man, with whom she had a child. The affair, which was his first, eventually broke off, he became mentally unstable and had to be admitted to the Angoda Mental Hospital, where he was initially treated for 25 days.
Re-admitted to hospital
Sivakumar’s doctor believed that his condition was not a permanent one and could be cured with proper treatment. However, he was re-admitted to the hospital twice over the next two years.
He lived in Ratmalana with Balawarnam Kadirgamanathan, his elder brother, who works in a wholesale textile shop in Pettah. Sivakumar himself worked regularly at Beliatta Motors in Ratmalana.
“We felt it was best he stayed in Colombo rather than in his village as medical treatment is easily available here in case he needed it,” Sivakumar’s sister-in-law said. He was last admitted to the Angoda hospital in January, after which he seemed fine.
A skilled mechanic, Sivakumar was given a chance by his employer to visit Japan, but his visa was rejected, which was probably what drove him to the edge, his brother Kadirgamanathan said.
The victim last came home on October 28, after which the family heard that he had gone to his boss’s home in Ratmalana at 1 a.m. and caused some trouble there. Eventually the air force was called to sort things out.
First-hand account
“On October 29, my husband got a call at around 10 p.m. from a friend who asked him to watch the news because my brother-in-law was on it,” Sivakumar’s sister-in-law said. “We did not understand at first, but when we watched the Sirasa news and saw that dreadful video, we found out about his death.” Her husband had then rushed to the Bambalapitiya Police Station to find out more details.
On the morning of October 30, Kadirgamanathan identified the body of his brother, which was brought to shore by the navy and taken to the police mortuary.
“Seeing his body really made me realise what a brutal death he had suffered,” Kadirgamanathan said. “Hundreds of people looked on and yet no one tried to stop those men from killing my brother.”
Sivakumar’s family received the body the next day but have yet to receive a death certificate. The body was buried in Koslanda.
Meanwhile, a group of around 200 people staged a protest against police brutality in front of the Fort Railway Station on November 4.
Hearings begin
Hearings on the incident began at the Fort Magistrate’s Court on Thursday. Several persons, including the victim’s brother, the TNL employee who videotaped the incident and navy personnel gave their statements.
“My brother was a good man who did not deserve to die in this way and I hope that no one else will have to ever suffer in such a way,” Kadirgamanathan said. “As there is a policeman involved I know there is a chance that nothing will come out of this trial, but I pray that the perpetrators will be punished to the fullest extent of the law.”
Discuss this article at www.thesundayleader.lk
Mentally illed person should be at either under security or in the mental hospital. Since he behave like a normal person it want be happed. In this case he had thrown stones on cars and Trains passing him. Some one telephned and make complain to the Police. Police entered the seen. What can thgey do? Either the person get in to custody or preventing to harm the general public.
In this manner Poice faced a problem. I do not agre with the persons with poles in water, and preventing the youth to come out of water. However there is ajustifible reasons why the chasers behave that manner.However this is not a civilised punishing system. To prevent this type of thing from the society we have to strengthen the civil Society and aware them what to do in this event.
Also adviced the relations to lok after their relatives if they are not mentally or phisically sound. My personal opinion is the family members do no act resposibaly.
This is a ridiculous comment Mr. Ratnayake !!! If this person was your own you would definitely not give this kind of comment surely !!!! There is LAW in this country and the Police are “supposed” to be custodians of this law. And it is the same custodians who have done this inhumane act. People have become immunized to this sort of behavior and acts. The mental levels of the people of this wonderful country has become so low, that we can have people like Mr. Ratnayake to try and justify the actions of these beasts. The politisisation of the police has brought it to its lowest ebb since its inception. I very much doubt that ANYONE can reform this force and bring it back to the normal levels at which it should operate. This is a shame on the entire people of this country, that so many people just watched on when a human life was being taken !!! I doubt if this would have happened if four humans had got together and tried to beat a DOG TO DEATH !!! In this land of ahimsa the value of a human being has been degraded to such a pathetic low level.
I fully agree with Sandman. Ratnayake needs treatment!
Yes how can this kind of behaviour be condoned in this day and age
What has the state done to address the brutal killing of a human being. I feel there are too many Ratnayakes in the country, The civil society should take action to deal with the likes of Ratnayake
Head of state should get his people to investgate the incident and bring about justice with haste. How about the poor relative of the victim
Please in the name of humanity do something. I always belived in “a big man shows his greatness , by the way he treats small men”
I am a resident of Koslanda where this victim comes from. Unfortunately, I wouldn’t know the victim personally. Notwithstanding this, I find it difficult to understand as to who was mentally disturbed.
Was it Balawarnam who was mentally unstable? Or the four people who with poles that made this innocent person drown? If not can it be the entire onlookers who happily watched the entire drama as it unfold? As to who is mentally unstable at this point is immaterial as the issue at hand is nothing out of the ordinary.
Thirty years of war has lead our society to a society that got no emotions. Added to this we unfortunatley have a corrupt, police force that is suppose to “Serve and Protect” the mentally sound and the mentall not so sound segments of the society at large. With over politicization, I think today we got a police force that is not so mentally sound to discharge its duties to “serve and protect”.
As a predominatly Buddhist nation who preach compassion how can this type of thing ever take place. Where are the buddhsit priest. Did they ever come forward and condem this barberic act. Only the Bishop of Colombo demanded an independent investigation. Where are the Hindu kovils?
What I see this is, the victim is a mentally ill person who happens to be a Tamil! As a nation we still hve not been able to get our act together evern after a brutal war of thirty years. Nothing more to it. Our Buddhist culture, compassion, they all fail to exist in our so called Buddhist nation.
Let me conclude by stating that it was not Balawarnam Sivakumar who was mentally unstable but the people who committed this crime and the onlookers as they did not have the right mind set first to know the “right from the wrong” and then to have the right mental capacity to “help the helpless”. Lets hope that the investigaters will have the right thinking capacity to do the right thing by removing these mentally sick people from the system and keep them behind bars for the rest of their life for they are mentally sick and is a liability on the society.
Extra-judicial killings have become a cottage industry. I know that people all over the world are facing economic problems and this 21st century has seen people being driven commit any crime to get their hands on money.
From the Grama-Sevakas to top government servants, from police constables to SSPs, from MC members to cabinet ministers you can obtain what you need without delay if you hand over several thousands of rupees.
What with army deserters and police provided with arms and ammunition contract killing is normal as normal does in Sri Lanka.
Why should we worry about terrorists and bombs going off. State terrorism is more lethal than guerrila warfare in that those supported by the state are licensed to kill.
Druring the last few years more than 65 suspects had been killed by the police after arresting them. Those killed may be criminals but still entitled to a free and fair trial before any punishment which right is guaranteed by the constitution. But the people and the judges endorsed those killings by police as justifiable. In that way there is no rule of law in Sri Lanka. When the rule of law is eroded incidents like Angulana and Bamba killing cannot be stopped. Therefor not only police but all the citizens who keep quite when police act out side the powers are also responsible for this murder.
Well said, Upul Arunajith!
At this time and age when our Sri Lankan society is fast bcoming morally bankrupt and bereft of all human feelings, and it is the likes of Ratnayake that we encounter at every turn, it is comforting to note that there still are in our midst, people like Upul who have the courage to speak out for a fellow human being, be it Sinhalese or Tamil, the latter, whose feelings and life are taken for granted here. I am a practicing Roman Catholic and have my greatest regard and admiration for the Anglican Bishop of Colombo, His Lordship Rt. Rev. Duleep de Chickera, for voicing his concern, not only in this instance, but even for the innocent civilians, who were and still are victims of a brutal war; whereas the Catholic hierachy (except one or two) preferred to observe silence. A similar comment I made about Bishop de Chickera never saw the light of day; I sincerely hope this will.
There is nothing more to be added to Upul’s comment except to say that, like all other ‘investigations’ the investigation into this brutal clubbing and drowning of a fellow human being, though blatently carried out in public view, will end up nowhere except, of course, to say that the so called ‘officers’ who carried out the attack had ‘reliable information that he was a member of the LTTE’ and therefore killing him was justified.
Elegius.
Take it easy, my friends. Murder and mayhem is the order of the day.
The montage along with the heart-breaking report about the “killer Cops” who brutally assaulted and cruelly performed the asphyxiation of Balawarnan Sivakumar(The Sunday Leader, November 1st, 2009) induced beads of tears rolling down my cheeks. I am not a Sri Lankan, but I have Sri Lankan friends who pass on your editions to me after reading.
Just can’t imagine that this savagery was displayed by the law and order wing of the government without a pang of conscience. Don’t they have human brothers and sisters? Or, did they simply want to stifle yet another Tamil? The wildlife and domestic pets in Sri Lanka seem to be having better protection than her citizens. Lord Buddha! What an ardent following of your spiritual values have you left behind in Sri Lanka???!!!
I am sadened to see our society become such a brutel society with zero tolerance towards the “weak and the feable”. As a civilized society its incumbent upon all of us to help the “helpless”…unfortunately this cease to exist in our sri lankan society…the rate our values are sliding, I dread to see where we will be just in a short five years time. Young girl will not be able to walk on the road for there will be the perverts that will snatch her. Handicap will have no place in our society the society will make every endevour to eliminate this segment. The old will be “all gonners” upon reaching retirement!
What has our Sri Lankan society come to?
Despicable behaviour and a blip on Sri Lanka’s image as a humane society.
I have this to say – Dimuthu Somnas, the constable who was involved in this incident will pay for this if not in this birth he will pay in his next birth. ( I am a buddhist ) Somehow, Dimuthu will be granted bail and will be released from jail (that’s for sure, as according to our judicial sysytem, they would say that there were no witnessess to this broad daylight murder, and that there was no weapon used to kill. In short, they would say that this incident never took place in Sri Lanka. My deepest sympathies to the victims family. Ratnayake, you are a sick person just like the police constable Dimuthu.