When young Ananda Wijesekera was called to the Bar on September 23, 1959, it was a time when the men who became the giants in the country’s legal profession strode the halls of Hulftsdorp.
They were legal luminaries who have left an indelible mark on this country. They included the likes of Colvin R. De Silva, G. G. Ponnambalam, QC, Sir Ukwatte Jayasundera, QC, and Neville Samarakoon. Thrust amidst persons of such calibre, young Wijesekera had to work hard to make his mark but used the “good fortune” he had of being guided by them to become one of the country’s top criminal lawyers.
Seated in his Chambers at his residence in Colombo, Ananda Wijesekera PC, reflects on his 50 years at the Bar with pleasure.
Felicitation |
Ananda Wijesekera will be felicitated by fellow lawyers on completion of 50 years at the Bar tomorrow at the Hotel Galadari. |
The long journey began after his schooling at Mahinda College and Richmond College, Galle, when Wijesekera entered the then University of Ceylon in 1951. Later at Peradeniya University, he served as the President of the Students’ Union and studied among other subjects, literature. The next step was his entrance to Law College where after having completed his advocate’s course, he took oaths as an Attorney-at-Law.
“I was fortunate to work with some fine gentlemen and good lawyers. I worked as a junior to Sir Ukwatte Jayasundera who also served as the secretary to the United National Party, G.G.Ponnambalam and M. Thiruchelvam, QC to name a few.
“Sir Ukwatte Jayasundera was an intelligent cross examiner who had the ability to destroy a witness even before getting into the actual incident. The same was true of G.G. Ponnambalam. If he had to cross examine a doctor for example, he would meet with several doctors the previous day and make sure he had all the facts correct so he could question the witness thoroughly.”
It was his own skills at cross examination that attracted Wijesekera to criminal law. “I was in the debating team in school and realised early on that I could comfortably cross examine opponents. Cross examination is an art and an important skill in criminal law.”
He also recalls with fondness some of the judges before whom he appeared and who went that extra mile to keep the lawyer/judge relationships pleasant. “As a young lawyer, I was asked to attend a hearing at the Colombo Magistrate’s Court to observe the proceedings. At the end of the sittings, after the magistrate had left the chair, the “arachchi’ came up to me and said I had been summoned to the Chambers. I was surprised and followed the man. ‘I have not seen you here before young man,’ the Magistrate said before offering me a cup of tea.”
“There was another incident when I returned to court soon after my honeymoon and was waiting for my case to be called. The “arachchi” walked up to me and discreetly asked for my case number, wrote it on his palm and walked off. Shortly after my case was called out of turn. But it was followed by the judge remarking for all to hear, ‘I am sure he is eager to get back soon’.”
He also recollects an incident that illustrates the legendary quips that Colvin R.De Silva was known for. “I was seated next to Colvin R. De Silva in the Court o Appeal one day and I had with me my new Law Reports that were bound in green. Seeing them Colvin, a true ‘Red’ at heart, leaned over and whispered, “Ananda, I hope the colour of your new law reports do not reflect your political affiliations.”
It was 10-15 years after he first began his practice that Wijesekera ventured out on his own and successfully defended in several important cases appearing for several members of the JVP who were accused of murdering the Secretary General of the UNP Harsha Abeywardena, for several of those accused in the Ralph Buultjens kidnap case and the Thomas Cook robbery case.
As Wijesekera reflects on the past, what does he see as the most notable changes that have taken place? “I feel that the legal profession is overcrowded today. Because of this factor, while the majority of those in the profession are honourable, honest and persons of integrity, the competitiveness has made some resort to methods that are ‘questionable’ to get ahead.”
He says there is also reduction in the number of people seeking litigation because “lawyer’s charges are high and there are law’s delays. People prefer to come to some settlement out of court even at a loss to save time.”
However, he blames the breakdown in the system not only in the legal profession but also in other professions. “The yardstick for judging today’s lawyers shouldn’t be the same as 40 years ago. There are very good lawyers but their poor knowledge of English puts them at a disadvantage but this is not their fault. We seniors too have to take some of the blame. We need to guide them as well and instil in them the necessary discipline and etiquette that makes a complete lawyer.”
He also feels the issue of overcrowding can be solved if those who pass out as attorneys are made aware that there are many other avenues open to them with an additional qualiification such as in managerial skills that would secure them lucrative employment in the mercantile sector. On the issue of law’s delays, he said the country needs to adopt methods similar to those in countries like the U.K to solve the problem, such as more pre-trial hearings.
Although the pace of work has slowed down now, Wijesekera says he will continue to practise law as long as he can. “I have really enjoyed my 50 years as a lawyer. I am satisfied about the work I have done as well as the income I have had. It has been very pleasant and I have come across some of the finest people in my profession. I have absolutely no regrets,” Wijesekera sums up. |