Appreciations
Great legal guru and father figure
Dr. H. W. Jayewardene
It
was twelve years ago on April 20, 1990 that Dr. H.W. Jayewardene,
a great advocate Sri Lanka produced, left this world. He was an
advocate par excellence, Queen's Counsel who appeared in almost
all the important appeals in this country, good administrator, great
teacher to many a lawyer and pillar of strength to the legal community.
A brilliant
student of Royal College, Colombo, in the choice of a profession,
he like his father, grandfather, paternal uncles and his own brothers
before him, selected law. At Law College, he passed all his examinations
with honours and won scholarships and the prize on the law of evidence.
He practised
both civil and criminal law, but demonstrated a preference for civil
appeals. In a short span of 13 years, he began dominating the Appellate
Courts and in recognition of his exceptional ability, silk was conferred
on him at the age of 37.
The first president
of the Bar Association of Sri Lanka, an organization that he was
instrumental in setting up, he was also the president of LAWASIA
and the Organization of Professional Associations and Vice President
of the Commonwealth Law Association.
He was a perfectionist,
precise in what he said and did in the courthouse or elsewhere and
was meticulously prepared for each case irrespective of the importance
of the brief he was handling.
In an era where
the standards of professions are diminishing, it is pertinent to
note a few admirable qualities of this great practitioner. When
a case was handed-over to him, and from the time the brief reached
his chamber, he saw to it that his client got the best. Once showing
some briefs that were on the shelf, he said, "Treat all briefs
alike, some cases will bring you more money, and some may be pro
deo (appearing free of charge), but your future will sometimes depend
on the case you do pro deo."
His chamber
was full of character and reflected his many interests. It had not
only legal literature and law reports from many countries, but rare
books on other subjects, such as architecture, history, civilization,
aesthetic education, Buddhism and even a large sculpture of Saraswathi,
the Goddess of Knowledge.
He was a man
of many parts. He was the chairman of the Law Commission, served
in the Council of Legal Education and on the Board of the Law Faculty
of the University of Colombo. In recognition of his dedication to
legal learning, the University of Colombo in 1985 conferred on him
the Degree of Doctor of Laws. He also served as chairman of the
Industrial Disputes Commission, director of the Tourist Board, chairman
of the SLFI, member of the UN Sub-Commission on the Prevention of
Discrimination and Protection of Minorities and chairman of the
Human Rights Commission.
He also served
as a member of the UN Commission which reported on the dispute between
the governments of the USA and Iran regarding American hostages
held by Iran. He led many delegations representing Sri Lanka and
in fact led the delegation to Thimpu and New Delhi to discuss a
solution to the ethnic problem.
In 1985, he
was a guest of the USSR Academy of Sciences and in 1986 he was invited
by the Australian government to visit that country as a 'distinguished
person'. His visit to China as a special invitee literally laid
the foundation for the magnificent Superior Courts Complex of Hulftsdorp.
Today it stands as a great monument to his memory, yet only a few
know that without him there would not have been such a wonderful
complex.
It is, however,
no secret that Dr. Jayewardene's skills in law and great advocacy
were such that it was so difficult to beat him in any court battle.
Dr. A.R.B. Amerasinghe, former Judge of the Supreme Court delivering
his speech at the Law Library in 1998 when a bust of Dr. Jayewardene
was unveiled said, "...He was on the one side or the other
of every important case and played a significant role in shaping
the law."
Even on Christmas
day in 1989, this erudite scholar worked with his juniors in chambers
preparing carefully to oppose certain draconian provisions of the
Debt Recovery Legislation that were to be passed. It was a privilege
working in such a chamber. He has produced a host of great luminaries
and his juniors are ever grateful to him for the guidance he provided.
The present Prime Minister, too, was a junior of Dr. Jayewardene.
On completion
of 49 years at the Bar, in March 1990, he celebrated this event
in grand style at his Kumbaloluwa Estate in Veyangoda, with all
his juniors, past and present, relatives and friends. It was indeed
an eventful day. It is but unfortunate that he had to depart this
world a month later, while on a pilgrimage to India. I was the last
junior counsel and it was a privilege to be under his tutelage.
I will always remember him as a great guru and father figure. The
services he has rendered to the legal fraternity of Sri Lanka will
remain as a glorious tribute to this great son of Sri Lanka. May
he attain eternal bliss.
Dr. Harsha Cabral
Lecturer, Sri Lanka Law College
Guide
me Cucoo
Jayantha Athukorala
I wish you were here Cucoo
Take my hand
Cucoo, just this once and walk with me
And may you
hear, wherever you are, bird choirs of ecstatic praise...
Come, Cucoo
walk with me now - where flowers bloom, waters gurgle and birds
sing...
While I show
you around the garden that I love
Where the guardian
trees enclose - the secret place, and where the sunlight gleams
upon the cool stone and breezes blow just for you, Ammi and Thathie...
now at rest.
Speak, if you must Cucoo and tell me why you had to go so soon -
tell me if you can?
While I sit and ponder alone -out in the sun
And not go home
- my heart sad and sore....
Cucoo, be my
guardian angel wherever you are...
And remain close
- when I blindly go blundering away from you...
I know - it
is now too late to say good bye and to share the best with you.
So forgive me Cucoo.
And come walk
with me to a quiet place of peace and happiness and lead me out
into the light once again....
As you walk
amongst my dreams...
Shari Athukorala
A man of compassion
Tudor de Alwis
Tudor de Alwis passed away last month while visiting his son in
Jakarta. His sudden death caused shock and sadness to his many friends.
Tudor Dunstan
Gerald de Alwis was born on May 24, 1923.
He completed
his degree at the Ceylon University and law studies at the Law College.
He started practising as an advocate in 1951 and joined the judiciary
in 1958.
He was appointed
Badulla District Judge in 1968 and promoted High Court Judge in
1983. He became an Appeal Court Judge in 1986. He was also legal
consultant to the Central Bank from 1988 to 1995.
Tudor was admired
for his simple approach to life, his intellect and his ability to
grasp essentials quickly. He was always sympathetic to the weaker
side and practised the virtue of compassion both as a judge and
ordinary person.
He enjoyed a
feisty debate on almost any topic but made sure that at the end
of the night, all parted as friends. A keen bridge player, he was
not shy to engage in vociferous post-mortems. He was generous with
his hospitality and a good sport in the social sense - never did
he refuse to join in, whether it was a picnic, a dance, a trip or
even a game.
He was unassuming
and never sought to impress or to monopolise attention.
Most of all, Tudor was a devoted family man and his wife, children
and more recently grandchildren, were closest to his heart.
Lalin Fernando
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