- A Sri Lankan court imposed one of the toughest penalties on a wildlife crime in September when the Colombo High Court sentenced a notorious elephant trafficker to 15 years in prison and slapped a fine of 20.6 million rupees (nearly $70,000) for the illegal possession of a wild-caught elephant.
- The case, which spanned more than a decade, uncovered how wild elephant calves were laundered into private ownership through forged documents with the aid of corrupt officials, exposing deep flaws in the country’s wildlife registry system.
- In 2015, a total of 39 elephants suspected of having been illegally captured were taken into custody by the Department of Wildlife Conservation, though 15 were later returned to their previous owners, sparking public outrage.
- Conservationists hail the ruling as a landmark victory against wildlife trafficking but warn against rampant corruption and the need to address the demand for captive elephants in cultural and religious processions that continue to threaten Sri Lanka’s wild herds.
COLOMBO — In a landmark ruling hailed as a major victory for Sri Lanka’s wildlife conservation, the Colombo High Court in September convicted a person for the illegal possession of a wild-caught elephant and sentenced him to 15 years of rigorous imprisonment and imposed a fine of 20.6 million rupees (nearly US$70,000).
A three-member bench after a trial at bar, a specialized court proceeding where a case is heard by three judges instead of one, found Samarappulige Niraj Roshan Fernando, alias Ali Roshan, guilty of maintaining an unregistered elephant under the guise of holding a permit and for its illegal possession. The ruling is considered the strongest to be handed down in Sri Lanka for illegal possession of an elephant. A total of 36 indictments had been filed against the accused.
Janaka Bandara, Sri Lanka’s deputy solicitor general, informed the court that the Attorney General’s Department did not support the granting of bail and stated: “Unlike human victims of crime who can testify to the harm they suffered, elephants cannot come before a court and give voice to the injustices done to them. The Attorney General’s Department, therefore, appears on behalf of these voiceless victims. Such crimes undermine the rule of law and must be met with the strictest punishment to serve as a lesson to others.”
The court also ordered the elephant at the center of the case be confiscated and vested in the state, placing it under the care of the Department of Wildlife Conservation (DWC).
“This is indeed a landmark victory,” said Jagath Gunawardana, a senior environmental lawyer. “Thirty-nine elephants believed to have been caught from the wild were taken into custody in 2015, and a number of related cases are still ongoing. This sets an important precedent for those cases too,” he told Mongabay.
“Every crime has a victim — in this case, the victims are the voiceless animals,” Gunawardana added. “Many of these were young calves, torn from their herds, suffering immense trauma. Some were found dead, and we may never know how many more perished in the process, as these animals do not get proper veterinary care,” Gunawardana added.
A decade-long case
The case against Fernando and several co-accused spanned more than a decade. Prosecutors submitted to the court that between 2009 and 2015, Roshan and others had illegally possessed five elephants, by manipulating official records in the DWC’s elephant registry to launder wild-caught calves into private ownership.
The indictment listed charges, including wildlife offenses under the Fauna and Flora Protection Ordinance and violations of the Public Property Act, Gunawardana said. After years of legal proceedings, Roshan was convicted on two counts: illegal possession of an elephant named Singithi (“Little Girl”) and falsification of records. The Court ruled that other charges could not be proved beyond reasonable doubt. Three co-accused, including a former assistant director of the DWC, were acquitted and released.
From kraals to courtrooms
Sri Lanka has a long history of capturing elephants from the wild for domestication and even for export. In the past, elephants were taken through kraaling (corralling) and noosing, but the practice ended in 1950 following public outrage over the Panamure Kraal, where a tusker was killed during capture.
Private captures were briefly permitted again in 1972-74, and the DWC occasionally transferred captured elephants to private parties until the 1980s. Since then, Pinnawala Elephant Orphanage, which successfully breeds elephants, has been the only legitimate source of captive-born elephants, occasionally transferring individuals for temple or ceremonial use. On occasions, the temples also receive elephants from other countries such as India and Thailand.
Yet, by the early 2000s, young elephant calves began appearing in private hands, raising suspicions of illegal wild captures.
Trafficking network unveiled
Environmental activist Sajeewa Chamikara, now with the Movement for Land and Agricultural Reform, MONLAR, began tracking this shadowy trade in 2013, publishing a list of suspect cases. “We found that at least 51 elephant calves were illegally caught in the wild, and 39 had been fraudulently registered under the DWC,” he told Mongabay. “Some of the wild-caught elephants have also died, perhaps as many as six,” he added.
DWC investigations date back to 2001, when its Wildlife Protection Response Unit (commonly called the Flying Squad) raided a facility and confiscated a calf suspected to be caught from the wild. The owner claimed it was captive-born but failed to provide evidence. The court ordered a DNA test to verify the claim, but it could not be completed because the owners refused to cooperate to take blood samples to compare with the female elephant claimed to be its mother, according to the late Mohammed Faiz, then head of the Flying Squad. The case was eventually dismissed.
The issue resurfaced repeatedly, culminating in 2015, when the DWC confiscated 39 elephants suspected of being illegally caught. However, 15 of those animals were later returned to their previous owners despite protests from environmentalists. The other elephants are now housed at Pinnawala Elephant Orphanage and the Elephant Transit Home.
According to Supun Lahiru Prakash of the Biodiversity Conservation and Research Circle of Sri Lanka, at least 44 individuals have been named as suspects, with Roshan Fernando allegedly at the center. The DWC, together with the Criminal Investigation Department (CID) under the Sri Lanka Police, started criminal proceedings before 15 Magistrate Courts against these suspects.
Demand driving the trade
Domesticated elephants in Sri Lanka are primarily used in religious and cultural pageants, such as the famous Kandy Esala Perahera, a grand religious festival where caparisoned elephants bear a casket containing sacred relics, and in tourism attractions or temple processions.
Although the use of elephants for labor is disappearing, ownership still conveys social prestige. “Having an elephant is considered a symbol of wealth and status, so the demand for live elephants had also increased tremendously among the emerging class of new rich businessmen and the social elite,” Prakash said. That demand — coupled with limited availability from legal sources like Pinnawala — drives people toward illegal means,” he told Mongabay.
Organizers of cultural pageants often justify the need for new elephants. Pradeep Nilanga Dela, the chief lay custodian of the Temple of the Tooth, noted that out of 70 elephants in this year’s Kandy Esala Perahera, 47 are more than 40 years old. “In 10-15 years, they will be gone, leaving only 23 domesticated elephants unless fresh ones are added,” he said.
However, Chamikara insisted that cultural needs cannot override animal welfare. “Religion and culture are always politically sensitive subjects in Sri Lanka, but the government must prioritize the welfare of elephants and avoid animal cruelty,” he said.
A broader Asian crisis
Sri Lanka’s problem mirrors similar crises across Myanmar, Thailand, Cambodia and Laos, where wild Asian elephants have been captured, traded and laundered through falsified documents to feed demand from tourism and religious industries.
Environmentalists say Fernando’s conviction marks a turning point, showing that even powerful traffickers can be held accountable. Yet, the partial verdict — with acquittals and unproven charges — underscores continuing weaknesses in wildlife forensics, evidence gathering and legal frameworks.
“The gaps in age estimation, DNA verification and record-keeping have allowed others to escape justice,” said Prakash, who studied the illegal elephant trade.
Prakash’s 2020 study found 39 criminal proceedings filed by the DWC and CID between 2008 and 2018, revealing systemic corruption — including forged registration documents, altered photographs and backdated applications to disguise wild-caught elephants as captive-born.
“Corruption remains one of the greatest challenges to elephant conservation,” Prakash said. “This conviction must not be the end — it should be the beginning of genuine reform within institutions tasked to protect these magnificent animals,” Prakash added.
Banner image: Those engaged in the illegal elephant capture often target elephant calves as it is easier to domesticate them. Image by Malaka Rodrigo.
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Citation:
Prakash, T. G., Indrajith, W. A., Aththanayaka, A. M., Karunarathna, S., Botejue, M., Nijman, V., & Henkanaththegedara, S. (2020). Illegal capture and internal trade of wild Asian elephants (Elephas Maximus) in Sri Lanka. Nature Conservation, 42, 51-69. doi:10.3897/natureconservation.42.57283
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