An interview with Ruvini Wells, the mother of a young survivor of rape from Kandy in Sri Lanka; conducted by Nadine Kilpatrick on April 7, 2006:

AHRC: Can you explain your feelings about the Sri Lankan justice system?

Ruvini: It is such a mess. Money talks more than Justice. Money makes a mockery of the system. And it starts with the police—their work dependents on money. It does not matter who is at fault, who is guilty or who is innocent. Police investigations are determined by money and bribes. Honestly, there is no justice in this country.

AHRC: So how do you feel about your court case?

Ruvini: I regret it. I deeply regret lodging a case in Sri Lanka. Over three and a half years, I have been to hell and back. I am so immune to everything now that nothing really matters anymore. I should have just kept quiet. What happened to my daughter amounts to one of the most serious of crimes. But I still regret filing this case. My daughter is ruined, I am ruined and my family is ruined.

Once a child is abused even if the courts find the accused guilty, it still does not take away the abuse. I can't undo the damage so what comes next is trying to contain the damage done. One can make an even bigger mess, or one can let it die down and attempt to recover. In opting to go through the judicial process, I believe, I have made a real big mess. The judicial system has ruined our lives. Even after the case is over, I don’t think we can pick up our lives again because this case has ruined us.

AHRC: Explain to me why money plays such a big part in the justice system?

Ruvini: If one has money, one can find the right contacts and use these to make a complete mockery of the judicial system. Now Kandy is not a village and the police station is a huge one with reasonable facilities but when I first went to the Kandy police station—they did not even hold an inquiry. Liquor and cigarettes had been given to the Officer in Charge, not to conduct an inquiry. I went God knows how many times, requesting an investigation. But instead of investigating the abuse on my daughter, suddenly various allegations were made against me. It became impossible to live in Kandy; the police threatened me.

I think the police had already been told from higher places that this was only a family conflict. Now how they can think child sexual abuse is a family conflict, I don't know, but because of the bribes and influence, this is what the police said. Finally I had to go to the Department of the Inspector General of Police (IGP) in Colombo and it was here that fresh investigations into the case began. But all this took so much time.

My daughter was produced before the JMO (Judicial Medical Officer) Kandy, JMO Colombo and also psychiatrists. The incident was bad enough but all these repeated examinations on a little child could not have done any good, right? The Colombo JMO's examination showed that my daughter had been abused and a few weeks later my husband was produced in Court. Now, the Kandy Magistrate is reputed to be an upright person, so my husband's contacts made sure it was not the Magistrate, but the Acting Magistrate who was on the bench the day he was produced. He was immediately given bail and set free to do what he wanted. After that, the case has gone on and on and on—two and a half years in the Magistrates Court and one year in the High Court.

There are also no video recording facilities in Court. My daughter was six when it happened, she will be ten in July this year. So when she is called before court now, is she expected to remember all the details of the incident? Of course she can say, yes it was Daddy who did it, but then again the lawyers will twist things around and try and make holes in her responses.

AHRC: How will this delay affect your memory and testimony before the High Court?

Ruvini: Now the trial starts in three weeks time, on April 24. I am going to be cross-examined by top-most lawyers, and I know they are going to twist my words. I am the first witness and I feel like I am the one who has done something wrong. I am petrified about standing in that box (witness box). The justice system has allowed me to become petrified. When it first happened, I was so angry. But now, I think, the damage has been done and I don’t have a burning desire to see him behind bars. I just want to be left alone, for my children to be left alone. There is little satisfaction, now that we have been pushing this case for 4 years to see justice done. Nothing is going to rectify the damage done.

AHRC: For how long have you felt this way?

Ruvini: Only after time have I felt like this. When I lodged the case I was in the fighting gear. I wanted justice. But over time, I have been psychologically and financially bled. My family and I are suffering emotionally. I was financial secure but now I am financially ruined. What for? After something like this if is had taken two years that would have been reasonable because I understand there are investigations and procedures involved. But anything more than that is absurd, absolutely absurd.

AHRC: Can you describe the financial cost involved?

Ruvini: There are the lawyers’ fees but then witnesses want you to pay their travelling costs also. These are not official costs but they expect to be paid for their trouble of coming to court. I remember, when I was going through the child maintenance case, I listed a reputable English lady from the Golf Club as a witness. I gave her name to my lawyer, and the Court consequently summoned her. But she was very angry that she had been summoned to Court and shouted at me. She even told me that any information she had that might help my case she would not give now because she did not want to come to the Courts. This is how people view the Courts in Sri Lanka. They only come to court, if they are forced to.

AHRC: Was it hard to find good legal representation?

Ruvini: I could not find anybody in Kandy to represent me. There was one lawyer who had two consultations with me, and he gave me a third date. On this date I came, and he asked no questions of me. Suddenly, he said ‘I am sorry Mrs. Wells I cannot handle your case’. I was taken a back. I asked him what his reasons were. He replied, he did not think the case was genuine and so he didn’t want to take this case. But the next thing I know this so-called reputable lawyer is representing my husband. The lawyer, who had been previously representing my husband, was a close acquaintance of this lawyer, and so he knew where the money was and switched sides.

Therefore, I had to go to Colombo to find a lawyer. I would not have trusted a single lawyer in Kandy, because my husband has four top lawyers in Kandy—one being the previous Mayor. Ethics don’t matter anymore. If I had got a Kandy lawyer, they would have been approached and influenced, and would have turned against me in the courtroom. And so, it was easier to get a lawyer out of Kandy, and I did. Now they are all right bar the costs of course.

AHRC: You mention the financial cost involved…

Ruvini: Some lawyers have asked me for Rs. 30,000-40,000 per hearing—yes for a single hearing. This is because, they know my husband’s standing in society, that he has hired top lawyers who will twist the facts and thus the case is going to be a difficult one to win, so my lawyers want more money. For example, my husband’s lawyers have alleged that in one month I was with 64 men but they are unable to give one name. They just wanted to discredit me and make it look as if someone else was responsible for my daughter's abuse. And as the case progresses, there are more and more accusations. For this reason, the lawyers I approach know it is going to be difficult. Now I have sold everything I can possible sell to fund the case.

Now, I did not pay the Rs. 30,000 asked by one lawyer because luckily my friends stepped in and said this was ridiculous and found me a more reasonable lawyer. Additionally, one senior lawyer, after going through the details of my case, kindly agreed to appear for the more difficult parts of the case, pro bono. He is from Colombo but does not charge me anything.

Also in addition to lawyers’ costs, as we live in Colombo and the case is in Kandy, there is a huge travelling expense involved. We have to pay for a vehicle, for accommodation, food and others. And then if you want any information on the case, you have to pay. Everything costs money. If you don't pay, you get nothing.

AHRC: What kinds of interference have you and your family faced, especially your daughter?

Ruvini: Some people visited my daughter's school and tried to get her to change her story. They had also talked to the school principal and later I found out that the principal was teaching the students not to give evidence in High Court cases. She even told my daughter that she cannot give evidence against her father, and that I didn’t love her. Now how terribly is that? So I had to immediately remove my daughter from the school.

At one point, in the early stages when I lodged the police complaint, I heard people had even been paid to throw acid at me. Then the police came with a warrant for my arrest. They are doing this because they don’t want us to give evidence in Courts. Sometimes, I get so fed up. I even said, if I can find a way back to England with my children, I would let my husband get away. But I never went along with it. I just want my children to be left alone, for my family to be left alone. Also long time ago I suffered from depression and there is an attempt to use this in court to discredit my evidence.

AHRC: So did you get another school for your daughter?

Ruvini: By now, I could not afford to send my daughter to an international school and it was so difficult to get her admitted to a national school. So I went to the National Child Protection Authority, and the officers there contacted the Minister of Education to find new schools for my two children. But even the Minister could not help! All this was so absurd and after four years of all this I can only laugh . . . it is so absurd. Eventually the Bishop helped us obtain another school, which admitted my children on humanitarian grounds.

AHRC: Describe the psychological toll this case has had on you?

Ruvini: My children are suffering. Their education has been disrupted. Just the other day, my son's teachers told me he was not concentrating on his studies; he is tearing his books and lying. This case has caused a lot of stress on all of us. I have not only to play the role of mother and father, I also have to defend my integrity and fight for my daughter’s rights. Even my family is getting tired of supporting us as the case keeps dragging on and on.

Going to Court one day in every 3-4 months is bearable for the children because it is only one day off school for them. The real problem is what is being said in court and all the surrounding circumstances of the case. We can never escape it and it seems never ending. My children are frightened, and they are talking about it.

You know I am letting my daughter sit on this interview because she has to be prepared for the courts. She has to give evidence; she must not forget. But it is unfair to force her to relive that horrible event for so long. But then, it will be worse if she goes through all this for so long and then forgets because of the court delays. I will probably be accused of malicious accusations and the court might handover the children to a paedophile. Even in the maintenance case, the court allowed the father access to the children—even though criminal proceedings were pending against him. So if the court is forcing me to give access to him, I want it to take responsibility for any possible consequences. But that the court won't do.

I also felt the court was not age or gender sensitive. Now my daughter still wets the bed, but other than that there no other obvious psychological or physical affects from this incident. But I fear that delays in this case are going to create problems. It is the delays that are prolonging the trauma, and so I wonder what is the point of putting everyone through this pain and suffering? People say to seek compensation, but no amount of money is going to rectify the damage that has been caused. Besides, how can we put a figure on the damaged caused.

Also Jessica’s case has become a public secret. Due to the publicity given in the newspapers, everyone in Kandy knows about the case. So she can’t have a normal life in Kandy. We will never come back here again, but when the case is over we can try and have a life again. I don’t think she understands the gravity of the situation, she understands what happened, but she has not realized all the consequence for her.

Another adverse consequence from all this is the overwhelming attention given to Jessica. And it has been going on for such a long time, that she knows if she mentions the case she can get her way with almost anyone. I don’t like this. It is not good for her to learn to use such a bad experience as a trump card. And the delays are only worsening the situation.

AHRC: So do you feel the case will continue for a long time even though the trial is scheduled to start on April 24^th?

Ruvini: The truth is I have no idea, and I don’t really think about it now. A year ago I was really pushing this case, but not anymore. Last year, every Friday I would come to meet Fr. Nandana and ask him whether there was any news of the case, but now I haven’t met him for months because I keep thinking, what for? It is just a waste of time and energy.

AHRC: Do you feel the publicity given to the case had a positive or negative affect?

Ruvini: Actually both. On one hand, I did not mind the publicity because of the way the case was proceeding. The moment publicity was afforded I knew, those involved in bribe taking would think twice before continuing because they would be worried they will get exposed. This is also helpful in preventing the judge from being unduly influenced.

But at the same time, I am also worried about the malicious rumours and accusations about me. Additionally the publicity will make it harder for Jessica later on. Everyone will know about what happened to her. If she were to meet someone and get married in Sri Lanka it would be very hard on her. Thus I definitely want my daughter to go back to the UK. But until then, I feel I have to protect her—mainly due to the social attitude towards virginity and rape. My daughter will go through a lot of hardship if she is not protected and safeguarded.

AHRC: Do you feel the delays in justice are allowing perpetrators of crime to feel they can get away with it?

Ruvini: Absolutely yes. Many criminals know they can get away because the justice system is allowing them—mainly due to the big delays.

Jessica may still remember the basic story. But as time passes it is increasing more difficult to remember. Even if I were asked the sequence of the events in addition to the case, due to all the pressure, I would find it difficult to remember. I know my husband's lawyers will have a party on April 24. This is because in four years a lot has happened, and I am not even sure I will not contradict myself. I know they are going to try and exploit the discrepancies in what we testify. Not only that, for Jessica, with so much time that has passed, she has heard so much about the case, she has overheard so many people talking, that perhaps she will become muddled with what she actually remembers and what she has overheard. And all this has been brought on by the delays in justice.

It could have been avoided if this case was dealt with quicker. There was also no video recording of the initial statement. But because of this and a lost of shortcoming in the investigations we are now facing problems. They neglected a lot of things in the investigation because they thought this case would go away.

In addition the duration of the cases, makes the victim relive the abuse for too long, it prolongs the suffering. Also, cases are heard in open court, and whilst my lawyers have ensured Jessica will be questioned in the judge’s chambers, over four years the case has been heard in open court. And so, there is no confidentiality. And in Kandy if 5 people know something, then a quarter of Kandy knows. There is no sensitivity at all. Cases of child abuse should really be held in closed courts and there should be some sort of privacy.

AHRC: So, are you worried that these lapses in the investigation will make it hard to have a fair trial?

Ruvini: I don’t have much hope of a fair trial. All the evidence is there, but there is no authority to monitor this case, and to ensure there is no bribery and corruption that is going to adversely affect the trial. Someone must monitor the case to ensure judgment is made with the evidence available and that there won't be any external influences. I wouldn’t feel secure without the monitoring.

Even my lawyer suggested that I raise some publicity about the case in the British press considering it is an offence of child abuse by a British subject. Some interest might be generated among the authorities there, which might ensure the case goes smoothly. But without this, anything could happen. He could even get away with it. My husband publicly said he would win the case even if it means bribing the Judges. The things he has got away with so far are simply amazing. Just look at the immigration issues; he still requires my consent to remain in Sri Lanka, to renew his residence visa. His visa would have expired last October, and I usually receive a letter, which needs my signature to renew his visa. But I have not received this letter, he was worried I would not sign the letter this time.

AHRC: Do you feel your situation is a unique in Sri Lanka?

Ruvini: Actually I am in a better position than most Sri Lankans, because I don't believe in keeping quiet about injustices. I will scream and shout. If this happened to a child from a rural village, he / she and family would have had no chance in the legal system. They could not cope with the threats, stand up to the lack of support offered to the victims from the authorities. Not a single authority really supports the child and the mother. The court should have done something. No authority offered my daughter even psychological counselling.

My case is complicated because my husband has far too many friends. He is of white skin and usually Sri Lankans 'bend backwards' for the white skin. This I guess due to ignorance that many feel while skin indicates money or it is a route to go abroad or to get a visa. So there are many to help him regardless what he is accused of doing. My husband works at the British High Commission and even though he is not in the immigration department people think he can get them a visa. And he maintains this facade—to his advantage. In the way it has been corrupted and delayed, he has made a complete mockery of the Sri Lankan justice system.

AHRC: How then do you feel the justice system could get out of this mess?

Ruvini: For those talking about the system, they have to talk about it with a bit of heart and feeling. It cannot be just honorable statements on paper, they need to take action, and they need to think about what is best for the people.

Regarding child abuse, they need to address three issues, the delays; the need to have closed court sessions and the definition of rape. At the moment the definition of rape is very narrow, and so paedophiles are getting away with acts that amount to rape. I think it will take time for the system to be rectified. But it will happen eventually. However, more victims need to speak out about their experiences, for those in AC rooms are not getting the entire picture, they don’t mean bad, but they are not getting the entire picture. And so, it will change in time. But what is most absurd is the enormous waste of time.