The police have begun investigating a case of alleged negligence resulting in a woman’s leg being wrongly amputated at the Negombo Base Hospital in Sri Lanka. They are pursuing the matter under section 329 of the Penal Code of Sri Lanka, which reads: “Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.”
However, in an attempt to obstruct and if possible block the inquiry, the Government Medical Officers’ Association (GMOA) has challenged the ability of the police to investigate. In a news item published on May 26, 2005 in the Daily Mirror, the GMOA also expressed displeasure that the Sri Lankan judiciary might adjudicate cases where its members could be held responsible for criminal negligence. According to the article, spokesperson for the GMOA Dr. Udhita Hewage said that, “The Negombo police do not have the technical capability to conduct such an investigation into the accuracy of the treatment provided by a trained medical practitioner.” The GMOA has asserted that the health authority alone has the competence to do such an investigation, and has reportedly threatened ‘trade union action’ to stop the investigation.
Any person or organisation, including the GMOA, attempting to interfere in a police investigation of an alleged crime is obstructing the course of justice. This effort by the GMOA to deny the proper administration of justice in Sri Lanka is therefore as illegal as it is reprehensible. The threat of strike action in particular is utterly irresponsible and deserving of condemnation by all persons concerned with upholding the rule of law in Sri Lanka. Any effort to protect one’s membership by compromising the health and safety of the public is totally unacceptable, and not only against the law but also a breach of basic medical ethics. The GMOA’s threat of action against newspaper reporters who brought this case to the public too is a despicable attempt to muzzle persons who have acted impartially and in the public interest, which undermines enjoyment of the freedom of opinion and expression in Sri Lanka.
The Asian Human Rights Commission (AHRC) believes that neither the Sri Lankan police nor other concerned parties will give into this blatant attempt at intimidation. It also expects that the police will adhere strictly to the Criminal Procedure Code of Sri Lanka when investigating this case and will report to relevant courts for further action as soon as possible. Additionally, as indicated earlier, the AHRC is concerned that there may be attempts to tamper with documents, and even forge them, so as to distort the evidence in this case. The AHRC trusts that the police will be vigilant in examining this aspect of the case. If the investigation is properly conducted, it will ensure that the rights of the alleged medical officers will be adequately protected, as well as those of the unfortunate victim.
