Sunday Times 2
A legend in his lifetime
Though I had known S. L. Gunasekara all my life, I got to know him well as a person, only after I started working under him from January 17, 2012 through my internship, apprenticeship and finally as his junior. From then on he was my hero, my mentor and I enjoyed every moment I spent with this booming character, a giant of a man.
During my regular visits to court with Mr. Gunasekara, I noticed that unlike most lawyers who get their apprentices and juniors to carry their files and books in and out of court rooms, Mr. Gunasekara carried his own files and books. On occasions if there were too many files or books, then one of the peons of the law library (Alwis) rendered his assistance. Every time I offered to carry them, he would say, “Thanks, I can manage”. I could not understand why he was so insistent on carrying them. One fine day when I offered to carry his files, he replied, “You are not my peon to carry my files, man.” That was the amount of respect a man of his level gave, even to a little brat like me, who was not even a lawyer at the time. It was much later on, when he really found it difficult to manage carrying his books and files by himself, and only as a last resort, did he quite reluctantly allow me and his other juniors to carry his files.
December 19, 2012 was an important day for me since it was the day on which I took oaths. When I was informed of the date, one of the first things I did was to make it known to Mr. Gunasekara. Closer to my oaths ceremony, I was unwell and hospitalised and was discharged the day prior to the ceremony. After I had taken oaths, I found out that Mr. Gunasekara had been present at the ceremony. I was greatly encouraged by his presence and I managed to meet him as he was walking out of the ceremonial court. He congratulated me. Later on in the evening, I found out that Mr. Gunasekara, after finishing his court work in the morning had waited in the Lawyers’ Lounge for over an hour until it was time for the ceremony. I was touched by his action.
During my brief involvement in the legal profession, I had noticed that it was common for counsel to use the term “Sir” when making applications before a Judge of the Courts of First Instance. The terms “Sir” and “Your Honour” were and are continued to be used interchangeably by many lawyers, and I had not seen any judge objecting. However, there was an exception to this general norm. Mr. Gunasekara, appearing in a District Court case referred to the judge as “Sir” on a couple of occasions. The judge then said to Mr. Gunasekara “I don’t like the way you are referring to me in this Court”.
Mr. Gunasekara calmly responded: “Well Sir, the term Sir is a very honourable term and I have used it for over forty years and no other judge has had a problem with it. So I will continue to use it, Sir.” The judge, who was clearly irritated, replied “I don’t like it. You can call me whatever you like”. Mr. Gunasekara’s prompt response was “Yes, Sir.”
During the recent dark days of the judiciary, where its independence was challenged over the impeachment of former Chief Justice Shirani Bandaranayake, I was fortunate to have been working with Mr. Gunasekara. He fought valiantly to protect the independence of the judiciary. Mr. Gunasekara’s fight for judicial independence was not in relation to the holder of the post of Chief Justice, but on principle, as to the position of the Chief Justice. He was of the view that if anyone who held the post was found to have acted in a manner unbecoming of a holder of such post, then that person must go or be removed, and that if such removal were to take place, then he or she must be accorded a fair trial. However, with the events that unfolded, Mr. Gunasekara felt that was not going to be the case.
He went the extra mile by informing all those concerned (clients, colleagues and law firms) that, on principle, he would not appear before any new holder of the post of Chief Justice. True to his word, not once did he appear before Mohan Peiris. Mr. Gunasekara stood up for what was right and was willing to pay the price for it, regardless of what that price was. Losing his Supreme Court briefs was a sacrifice by Mr. Gunasekara to uphold the principles and values he stood by.
Once, after submissions in a Supreme Court case, the judge while recording matters mistakenly referred to Mr. Gunasekara as “PC”. Mr. Gunasekara’s immediate response was “I am not a President’s Counsel, My Lord” and his opponent in that case who was a senior President’s Counsel, replied “My learned friend is not a President’s Counsel, only by choice, My Lord”. After we finished the case and on our way back to Mr. Gunasekara’s place, I asked him as to why he never applied to be a President’s Counsel. His quick response was, “Honour can only be given by the honourable and I don’t see anyone honourable enough to give it”.
Though Mr. Gunasekara was born a Christian and in later years became an agnostic, from the selfless life he led, he was more a Christian at heart than most.
He was a great man, a patriot, a hero, a legend and, to me, more than anything else, he was my mentor, whom I always looked up to for everything that he was. Walking into courts will never ever be the same again without his amazing presence and booming voice beside me. I had walked behind him and by him through most corridors and court rooms at Hulftsdorp and the void I felt and still feel cannot ever be filled. I was blessed and honoured to have had the privilege of being guided by the standards and values that he had. The principles and values he stood by and lived with cannot ever be emulated by anyone else.
Thank you for all that you have done for the country, for this profession and for me. May your soul rest in peace, Sir.
-Oliver Jayasuriya