July
8th 2013
Mr
Rauf Hakeem MP
Minister
of Justice
Law
Courts Complex
Aluth
Kade, Colombo 11
Dear
Sir,
Re:
The accident caused by your MSD protection vehicle on 30th January
2011
I
believe it is still in order for me to remind you of the above incident, which
no doubt you are perfectly aware of the circumstances, and the extent of the
distress it has caused me. I am taking this opportunity to reiterate that I am
still suffering the effects of the aforesaid accident, especially in as much as
the injury to my body has not yet healed, and I am due to undergo further surgery
at the National Hospital on my leg, today the 8th of July, with the
hope that it may improve the condition of that leg, which to date has kept me
in pain and unable to perform most of the tasks I was engaged in prior to my
accident.
I
might remind you that at the moment of the accident I lost the business, I had
been engaged in for the previous 8 years, namely a one stop farmer, who
produced, delivered and marketed over 72 different food items to customers in
Colombo, including many who you and your wife, personally know and also are
acquainted with. I have not been able to resume the business, as I have not
even been able to replace the vehicle that was completely written off as a
result of the accident, to say nothing of the inability to gain full use of the right leg.
As
you know there was nothing forthcoming from the party responsible for the
accident, and I might also remind you that the driver of the vehicle was not
even remanded at that point for the incident, and had the luxury of apologizing
to me for his actions, at the Polonnaruwa base hospital that night, blaming it
on faulty brakes that had not been repaired. Be that as it may, with Government
vehicles not having any insurance, and a physically injured party having to go
through the nightmare scenario of obtaining justice from the Ministry of
Justice, I chose instead to concentrate on getting back my physical health,
without further aggravating it by affecting my mental health also, in pursuing
justice!
I
still putting my physical health before any other, if I am to be able to live a
fair life of comfort, and have to resort to using the services of the state
health care system towards it as I am unable to pursue another course of
recovery. I trust they will eventually be able to get me back to some semblance
of normalcy.
Whilst
the economic loss to my business, is I believe approximately Rs20M, I am in no
way now able to recover from that devastation, but not being able to get the
best of health care money can buy in Sri Lanka has been a source of irritation,
especially as there has been no assistance forthcoming from either your
department or the Ministry of Defence whose vehicle and driver were at fault. I
recall when you visited the apartment I was living in at Gregory’s Road, you
did say you will help me in some way, but how do I pursue such promises?
I
have had to give up the Gregory’s Road apartment as I have not been able to get
back to the level of health I hoped and am now living on the farm, at the
address above.
Whilst
you acknowledged that I was more a mercenary at giving something back to my
country, over personal gain, having that intention so cruelly denied by the
very state that I am supposed to help is ironic. There is much I can still
offer Sri Lanka from a wealth of knowledge and experience gained from many
years of education, and training overseas, it is a shame that those who
sacrifice a life of plenty overseas, for the benefit of the motherland, are
then treated in such a manner, when tragedy befall them. Is it any wonder, why
others who may wish to emulate this gesture think otherwise, especially in
light of the experience I have undergone? What recommendation can I give, when
I am constantly asked for my personal experience on the fruitfulness of such a
gesture?
I
know you are an impossibly busy person with many roles and responsibilities, it
is worth reminding that their importance in the scheme of things is only
relative, denying others possibly of even more important service to one’s
country, despite being devoid of title, power or position or any other craving
for personal aggrandizement.
Is
it incumbent on me to make an issue of this whole incident again? I rather
think not, and appeal to your good senses to do what you believe is right in
addressing some of my grievances, and making restitution where there is some
reasonableness, as nothing will compensate for the loss of the business and
time lost to ill health.
Is
there a point in pursuing the legal processes? I am sure you know the answers
to that without further burdening a process, that rarely meets justice to the
aggrieved.
On
a lighter note I was asked a while ago, to retain the learned Counsel, Mr Ikram
Mohammed to represent me in a Civil case against the responsible authorities,
and took the decision not to, which I believe in hindsight was fortunate, as he
is I understand the father in law of your daughter. My logic is therefore
clear, if I was to prevent myself from being further pauperized. Divine
intervention perhaps!
I
hold nothing against you personally in this regard, and wish to see some
closure, as accidents do happen, and it is time that the state takes some
responsibility for its haphazard treatment of its citizens, when there is abuse
of power, and shirking of responsibility as in this case.
I
look forward to a favorable response from you, as a human being, to do what you
believe is just and equitable in this situation.
Thank
you and best wishes
Yours
faithfully