Appreciations
View(s):Christopher Gregory Weeramantry
He carried his excellence with utmost humility
On January 5, Sri Lanka lost one of her most illustrious sons, Justice Christopher Gregory Weeramantry–who justifiably earned the iconic Sri Lankabhimanya, for having ‘rendered exceptionally outstanding and most distinguished service’ to Sri Lanka–barely six weeks after he celebrated his 90th birthday on November 17.Justice Weeramantry strode the international legal sphere as a brilliant judge and eminent academic, yet carried his excellence with utmost humility. His loss is shared by the international community.
Justice Weeramantry, or “Christy” as we would refer to him at Hulftsdorp, was the son of Gregory and Lilian Weeramantry. His father, a highly qualified educationist founded Alexandra College which Justice Weeramantry describes as having “played a significant role and discharged a very useful function on the Sri Lankan educational scene. Many eminent Sri Lankans – judges, doctors, civil servants, lawyers, international officials and cabinet ministers – were greatly helped in their careers by this institution’.
Justice Weeramantry had two elder brothers, Lucien and Douglas. Lucien was a lawyer with a wide practice and among his clients was Talduwe Somarama, the main accused in the Bandaranaike assassination case.
Two other members of the family, Justice Thomas de Sampayo, and D.J. Wimalasurendra, the architect of the Laxpana hydroelectric scheme were acknowledged by Justice Weeramantry as role models that inspired him.Young ‘Christy’ as he then was, attended Royal College, Colombo where he displayed his twin skills in academic and literary versatility.
He was the Editor of the College Magazine, and the Chairman of the Senior Literary Association. In 1943, he was awarded the Empire Essay Prize. His intellectual acumen won him several class and school prizes and the coveted Governor’s Scholarship and the Principal’s Prize.
For his tertiary education, Justice Weeramantry entered the University of Ceylon where he graduated with B.A. (Honours) and then proceeded to obtain an LL.B and an LL.D from King’s College London.
Justice Weeramantry was called to the Bar as an Advocate of the Supreme Court of Sri Lanka in 1948. He excelled in his professional career and I had the privilege of associating with him as a fellow member of the Sri Lanka Bar, before he began his meteoric rise to juristic excellence.
In 1958 Justice Weeramantry met Rosemary de Sampayo and to use his own words”I realized that this was the young lady I had been looking for. I wasted no time in showing my interest which was reciprocated and things moved rapidly and by 1959 we were married.” They enjoyed a close knit family life and were blessed with two sons and three daughters and eleven grandchildren.
Justice Weeramantry describes their life together “Rosemary and I shared all things, all experiences and a series of wonderful memories. Rosemary was an immense source of support to me in my work, never interfering in it but always unobtrusively giving me all the support needed. Even when I launched out on the great enterprise of writing my books on the law of contracts, the amount of time this claimed increased my concentration on legal activities. Yet Rosemary never grudged this extra time but wove herself into the activities connected with it. When typists were typing the manuscript or juniors were reading through it or I was busy writing it, she was part of the scene, supporting us all with refreshments as well as with her company and making less tedious the endless hours spent on this work”.
Justice Weeramantry commenced his judicial career with an appointment as a Commissioner of Assize in 1965, where he displayed a remarkable ability to guide a lay jury through the complexities of the criminal law in simple terms in summing up that met with the approval of the Court of Criminal Appeal. As junior Crown Counsel appearing before him, we were kept on our toes with mild but stern warnings of any attempts to overstep the line in enthusiastic pursuit of our cause.
In 1967 Justice Weeramantry was elevated as a Puisne Justice of the Sri Lanka Supreme Court. He retired in 1972, sacrificing the opportunity of becoming the Chief Justice of Ceylon (as we then were)and migrated to Australia to accept the position of Sir Hayden Starke Professor of Law at the Monash University in Victoria.
In 1990, Justice Abdul Cader and Prof G.L.Peiris and I as the panel of Members of the Permanent Court of Arbitration were required to nominate a candidate for election to the Asian seat of the International Court of Justice. We had absolutely no difficulty in agreeing that Justice Weeramantry had the most outstanding CV of the candidates whose applications came before us.
Adorning that Court as a Member from 1991 to 1997 and as the Vice-President of the Court until 2000, Justice Weeramantry when he was interviewed by the Lanka Guardian in 2007, about matters decided by that Court,identified “I would think that the decision the Court was asked to make by the General Assembly on the illegality of nuclear weapons was the most important decision the Court was ever asked to make. This is because it involved the entire future of humanity and civilisation”.
In the course of the interview, Justice Weeramantry expressed a view that might be apposite in today’s context. In comparing the perspective of Sri Lankan Judges in comparison to Western Judges Justice Weeramantry said,“The perspectives of a Sri Lankan judge differs from those of a Western judge mainly owing to the cross-cultural perspectives which the Sri Lankan judge is so immersed in.In Sri Lanka we grow up in the midst of four major religions – Hinduism, Buddhism, Christianity, and Islam, all of which have substantial segments of the population as their followers. Consequently we grow up imbibing their culture and participating in their festivals and enjoying each other’s fellowship as neighbours.
As a Judge on the International Court of Justice, Justice Weeramantry demonstrated the truism expressed by drawing on his expertise in Roman Dutch Law, Hindu Law and the Islamic Law.
In the matter (New Zealand v France) the majority of Judges ruled against a request by New Zealand, and left open the question whether it was lawful for a State to use nuclear weapons in self defence. But Justice Weeramantry dissented from that ruling, as he was of the opinion that it left an opening that States could retain their nuclear arsenals and prevent their total elimination.
He quoted ancient Hindu Law that “war is intended to subjugate one’s enemy and live in peace with him thereafter, not to ravage his countryside” as reflective of the prohibition of the preparation or storing nuclear weapons. He quoted Islamic Law where “… there was much thought and writing about what we would today call international law – the treatment of prisoners of war, conduct on the battlefield, the sanctity of treaties, the privileged position of diplomats and the likes. All of these were elaborately discussed on the basis of the Holy Qu’ran and the numerous traditions of the Prophet Mohamed known as the Hadiths, dealing with these matters.
In the same case Justice Weeramantry advised that the word “genocide” in the Genocide Convention, required that “that there must be an intention to target a particular national, ethnical, racial or religious group qua such a group, and not incidentally to some other act.”And went on to identify that nuclear weapons designed to “wipe out blocks of population ranging from hundreds of thousands to millions”had little purpose other than to wipe out, in whole or part the national group of the state that was targeted.
Justice Weeramantry was a Judge in several other cases before the ICJ, significantly, Damming the Danube: Project (Hungary v Slovakia), The Case Concerning East Timor (Portugal v Australia) and others too numerous to mention by name.
Justice Weeramantry was the Chairman of the Commission into Nauru: The Environmental Damage under International Trusteeship of The UK, Australia and New Zealand. He authored a ten volume report on the Inquiry into the Rehabilitation of Phosphate Lands in that country.
Commenting on the efficacy of International Courts which do not have an enforcement system, Justice Weeramantry accepted the fact that even the most powerful states were reluctant to lose the moral high ground of not acting in violation of international law and the decisions have averted armed conflicts that may otherwise have resulted.
Justice Weeramantry was a jurist with a prolific pen. The page on Wikipedia devoted to him, contains a list of 27 books authored by him, on a range of subjects from the Law of Contracts, Equality before the Law, Human Rights, Apartheid, the Scientific Responsibility for Nuclear Weapons, Islamic Jurisprudence, Universalizing International Law, Ethical and Legal Concerns over transplation of cross specie cells.
The most recent was his memoirs in three volumes and I believe he was in the process of completing a fourth.
May he rest in eternal peace.
Sunil de Silva P.C.
Estangee Peiris
We miss everything about you Achchi Ammi
It’s been two years since you left us. You had a lot of dreams and wishes which you wanted us to fulfil. As your beloved children and grandchildren we tried our best to fulfil each of your dreams and wishes one by one. I still remember I used to tell you “Achchi Ammi there is a long long way more for you to go” when you said you were getting old. But life is such, that death did part you from us, leaving us miserable, lonely and sad. Though we were determined to make your dreams come true, we all needed time Achchi Ammi. Because except for me, all your grandchildren are still too young. Meha and Dini’s scholarship, Avinash’s O/L examination, Malik’s A/L examination, Manisha’s job at a standard organization and finally my marriage were included in your dream list. But we all needed time which you didn’t have. You had such a loving heart but all you needed was time which none of us were able to give to you.
And here I am, a wife in my own home. My wedding day was the best day of my life. But staring at the crowd I kept missing you so much Achchi Ammi. But I know for a fact that from up above you would look at me and be happy for me.
None of my cherished childhood memories is ever recalled without a sweet memory of you. From the day I was born, you looked after me so dearly that my parents would have felt very lucky to have you. I’m sure all your children felt the same because all your grandchildren were brought up and groomed so well by you.
I learnt English while being a student in your English class and every word I pen here proves how well you taught me. It was the weekend which my brother and I together with our cousins, loved the most. Your mouth-watering dishes we will never forget. It’s not only your delicious food we miss. We miss your grandmotherly affection which we enjoyed so much, we miss worshipping you and receiving your blessings, we miss the good feeling of gifting you a present, we miss wishing you happy birthday and seeing the happiness in your eyes and most of all, we miss your presence with us Achchi Ammi.
Your beloved son Milinda, your loving daughters Dilumini, Sepali and Geethani are still shedding tears. They together with us, held an alms giving so that all the merit gained will be received by you. You will be remembered in our prayers the same way you prayed for each and every one of us. Deep in our hearts you will always stay loved and remembered. May your gentle soul rest in peace in the Lord who you served so faithfully.
Yasendri (Grand-daughter)
Rienzie Benedict
Thank you Dada for your unconditional love
My Darling Dada,
You’ve gone but the memories are overwhelming. It feels so unreal to walk into our home and not find you doing your favourite things: listening to SLBC news, singing along to golden oldies, sitting at the kitchen table having a cup of tea, asking how my day was and questioning the little details. Your seat at the head of our table is now empty but you were such a strong presence in our lives that I will always see you there.
Dada, you were an inspiration not just to your closest family, but to every single person you met. Since your premature departure people from many walks of life extol your virtues. They were inspired by the way you lived your life – a man of action, if something had to be done you would make sure it was done to the best of your ability overcoming all odds. Despite being visually impaired for half your life, you never questioned or complained about your disability, nor used it as an excuse. With you Dada nothing was impossible and as you always said – the sky was the limit. That final week at home, holding my hand, you said you were proud of me and that I was a very strong-willed girl; what I did not say to you at the time, as I was too emotional, was that it was you that made me strong and confident. You led by example and taught me to stand up for what I believe in, speak my mind, fight for justice and always look after the less fortunate. You were the most unselfish person my sister Karen and I have ever known, literally giving the shirt off your back to help someone in need and we were so fortunate to have you as our father.
As all fathers and daughters do, we have had some disagreements over the years, but your wonderful unconditional love for us always prevailed and you never stopped caring for or thinking about us. I remember if Mama or one of us was ill, you would be so upset, constantly checking on our wellbeing, arranging doctor visits, transport etc. After we married and moved away from home, when Karen and I called you, you would always inquire what time we came home, advise us to get enough rest and take care of ourselves. Even on the very last day we were with you, your first question was if we had eaten that day.
Not only were you the best father to us, you were a father-figure to all those who came to you for advice. You genuinely cared and put your heart and soul into helping out any family member or friend who came to you for assistance. Dada you were a strong believer in the proverb “give a man a fish and you feed him for a day; teach a man to fish and you feed him for a lifetime”. You went out of your way to find employment for anyone who came to you, their friends, and their friend’s friends!
When Karen and I were in school, you encouraged us to not just study what was in our textbooks but to expand our knowledge, read anything we could get our hands on, explore and always search for more information. You spent hours each day helping us with our homework and you always put so much thought into making things interesting for us. Even when you would wake us up to go to school – you’d either be singing or talking about some interesting tidbit from the news you’d just listened to. I remember when it was the last day of term before school holidays, you would wake us up singing “happy holidays, happy holidays”! When I had to have an appendix operation and stay at home for two weeks – you came up with an elaborate programme for each day to keep me from getting bored. It was during this time you taught me to whistle (I am going to miss whistling in harmony with you!) and told me all the stories of your childhood and work experiences. I cherish those times with you Dada and will hold on to the memories forever.
For twenty years, you were a leading light at the Sri Lanka Federation of the Visually Handicapped singlehandedly changing the lives of thousands of people. Helping disadvantaged visually impaired people and uplifting their lives was the greatest passion in your life. When we asked you to slow down or take a break, you would say “No baba, I can’t… if I don’t help these people, who will?” Through your many initiatives you gave so many people new hope for the future. You founded the National Chess Association of the Visually Impaired, you were the President of the National Cricket Association of the Visually Impaired and held the position of Vice President in the World Blind Cricket Council for many years. One of the most amazing things you did while at the SLFVH was to form the choir in 1996. You brought together a band of dedicated visually impaired singers and turned them into a popular and well recognized choir in Colombo. The enthusiasm and zeal you showed for this project was simply amazing, you were the manager, PR person, transport coordinator, and compere in addition to playing a key role as senior tenor in the choir. There were numerous other projects you initiated during your time at the Federation, too many for me to mention here – but there is no doubt your legacy lives on in all the many self-employment projects you started, the jobs you found for people, and the educational opportunities you created.
We cannot thank you enough for everything you did for us Dada, I know that you were very proud of Mama, Karen and me, and we are all so proud of your achievements too. As a family, we’ve been through good times and bad, experienced the greatest highs and a few lows, but through it all the one constant was that we always prayed together. You and Mama relied on God for everything and we grew up seeing both of you practise what you preached.
The pain of losing you is too much to bear, and the day we had to say goodbye to you was the worst day of our lives. I know that you would want us to be strong, help each other and live our lives in the same way you did – fearless, courageous, and compassionate – and this is what we plan to do. I miss you terribly but I know that you are happier now; in the words of your favourite song – “touching the green green grass of home”, free from all pain and suffering, and best of all – you can see now! We love you forever Dada.
| Thanksgiving service A Holy Mass to thank God for the life and work of Rienzie Benedict will be held at Fatima Church, Deans Road, Maradana at 6 p.m. on Tuesday, January 17. |
Natasha Benedict
Kusum Fernando
Memories of a wonderful mother
My mother passed away on December 31, 2006. It has been 10 years since her death, but for my brother and me, it seems like it was yesterday. She was not ill nor had she suffered from any heart issues. Amma’s death was sudden and came as a great shock to us and everyone who knew her. I had just turned 30 and was not prepared for a life without my mother.
In the last 10 years, whenever anything good or bad happens to my brother or me, we would wonder what amma would say, what amma would do and in good times we wish she was there to share our joy and in bad to comfort us in our pain.
My mother was a kind and compassionate person. She would always remind us of the importance of sharing and helping others who are in need whether its food, clothing, toys or our books. When we would visit Balapitiya, amma’s hometown, she would encourage us to do everything we can to help the less fortunate children.
She was a sociable person and made friends wherever she went. People identified with her kind and warm nature. I used to marvel at how she managed to keep in touch with all her friends.
She was a wonderful pianist and had a lovely singing voice. She had performed at concerts when she was a young girl, having completed all the Trinity College exams. Her father had bought her a piano as a child, which was one of amma’s most treasured possessions.
Amma was a strong and determined woman. She rarely complained about the troubles that came her way, I admired that about her. She was a great believer in rising against the adversities in life and circumstances that stood her way.
From a young age, amma instilled the importance of learning and reading in us. I remember the countless Saturdays where my brother and I would learn and recite a list of words, with spellings and the meaning of the words. We would do this every Saturday. As kids we used to think of it as a chore, but I am so grateful to amma for helping us develop our vocabulary and perfect our spellings.
Amma was always encouraging and at the frontline to cheer us on. Despite having a job, she never missed a school event. She was always with her camera, taking as many photographs as the camera roll would allow.
We were blessed and fortunate to have her as our mother and I know that we will miss her every day for the rest of our lives.
Awanka Fernando