A Sri Lankan saga: will justice be done?

Retired Major General Ranjith Rajapathirana has this fascinating essay in the Sunday Observer about a 1915 Ceylonese court-martial and the refusal of the civilian courts to exercise review over it. Will the authorities now exonerate Edward Henry Pedris? Excerpt:

Conclusions

1. It is evident that Pedris’ court martial was illegal on the grounds that:

a. In July 1915, King’s Courts were open and functioning in Ceylon and hence trial of civilians by courts martial was not permitted.

b. The alleged offences were committed on June 1, 1915 and whereas martial law was declared on June 2, 1915, it could not have had retrospective operation of law.

c. In any cases, the death sentence was not confirmed by the Governor of Ceylon and hence there was no lawful sentence before the Officer Commanding the firing squad to carry into execution.

2. Pedris was entitled to succeed had the Ceylon Supreme Court reviewed his sentence which it unlawfully declined while having the full power to review: vide cases mentioned above.

3. Therefore, this is a fit and proper case for the President of the Republic to exercise his power under Regulation 151(10 of the Court martial Regulation. “If it appears to the confirming authority that the proceedings of a court martial are illegal or involved substantial injustice to the accused and such authority has not confirmed the finding and sentence, he shall withhold his confirmation. If he has confirmed the finding and sentence, he shall direct the record of the conviction to be removed and the accused to be acquitted.”

4. In the circumstances, the President of the Republic can still clear Pedris’ name officially and legally under Court Martial Regulation 151(1) by publishing a proclamation in the Gazette to this effect. I would go further step and appeal the President to declare all those who died in the hands of the foreign invaders and enemies of the State from Chola times to May 18, 2009 in the Government Gazette as martyrs who were killed-in-action.

Recommendations

1. A Presidential Proclamation in the Gazette exonerating Edward Henry Pedris Esq under and in terms of Regulation 151(1) of Court Martial regulations.

2. A Presidential Proclamation in the Gazette declaring all those who were killed by foreign invaders and the enemies of the state, from Chola times to May 18, 2009, as “Martyrs killed-in-action” and to collectively award them the Desha Putra Sammanaya (Purple Heart), the highest medal currently awarded to killed-in-action/wounded-in-action servicemen.

3. Appointing a Presidential Commission to chronicle a list of Martyrs who were killed by foreign invaders/enemies of the State from Chola times to May 18, 2009, the Day of Liberation.

Although records might not be available with regard to earlier times, comprehensive records are available with regard to those who were killed in 1818, 1848 and 1915 insurrections and such heroes could be recognised individually by name.

This Presidential Commission may examine historians, military and other experts and compile a “Golden Book” in which a list of all martyrs will be exhibited. Those who are identified and entered in the “Golden Book” as martyrs should be awarded Desha Putra Sammanaya individually.