July 8th 2013
Mr Rauf Hakeem MP
Minister of Justice
Law Courts Complex
Aluth Kade, Colombo 11
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