Legal fraternity's loss, Sri Lanka's gain

by Sarath Malalasekera

Rowlands Limited, at one time, was the biggest importer of British cars such as the Hillman and the Morris Minor.

The business concern was re-named British Car Company and, the name of Rowlands gradually withered away from the business community. But suddenly, the name of Rowland hit newspaper headlines for a very wrong and tragic reason. Mr. Rowland lived in Goththatuwa with his young daughter. He was an eccentric middle-aged person who was a recluse from society.

The shocking news was that Rowland and his young daughter had been done to death by someone. The Police, who went to Rowland's house reported that death was caused not by intruders, or housebreakers, but by his servant. He had walked into the bedroom, when both Rowland and his daughter were sleeping and hit the master with an iron pole cracking the skull.

The young daughter had awaken and screamed. The servant battered her too. The servant, who was under 15 years of age, was arrested and produced before the Colombo Additional Magistrate.

I remember an old woman, who saw the servant being taken to the cell, spitting on to servant boy. The fiscal officers, who were guarding him had to make a tremendous effort and exert a little force to prevent this woman from assaulting the servant boy. The father of the servant boy, who was living in the village, had come to Colombo to retain a lawyer for his son. He had a few rupees, which was hardly sufficient to retain a lawyer.

When the case was called, a young lawyer in dark glasses appeared for the servant boy. The very fact that he wore dark glasses in Court was resented by many. In addition, he came to Court driving a flashy red Karmanghia.

As a court journalist, having covered many sensational cases, including murder cases, I always had a balanced and open mind about the cases I reported on. The editor and the public expected me to report the case fairly, without resorting to personal prejudices.

But this case was different. To me, the accused, dark in complexion, looked like a gangster, one who had absolutely no human feelings, without flinching, have battered the skull of a young girl. Therefore, I could not resist my feelings to write a story that would capture the hearts of thousands of readers on the utter disregard for human feeling of the accused.

Then, when the case was called, the courthouse was packed and overflowing. Then rose this young lawyer in dark glasses. Who pleaded on behalf of the accused. The court and the Bar was filled with stalwarts like A. Mahesan, Nagarajah and Andrew Silva and many others. The young lawyer was none other than Hemantha Warnakulasuriya.

He pleaded with the court and explained the circumstances under which his client was compelled to commit this brutal murder. He said his client was abused almost every other hour by his master, who took a sadistic delight in corporeal punishment.

At the instance of Warnakulasuriya, everyone could see how the accused was brutalized by the master, who used the cane and the whip. The marks connoted serious abuse by the master. The accused was deprived of food even the barest minimum required for his nourishment. The servant boy was locked in a room when the master and the daughter were away from the house so that he could not escape.

I saw that many members of the public, who thronged the courthouse to have a glimpse of the accused, were thoroughly moved and shocked by the oratory of Warnakulasuriya.

Even the judge, who was a very tough and disciplined individual, suddenly realised that not only Rowland and his young daughter, but even the servant needed protection from such abuses. The judge was so moved by the advocacy of Warnakulasuriya, he completely changed his views and was very sympathetic towards the accused.

The brilliance displayed by the young attorney nearly 30 years ago, when young Warnakulasuriya took the entire Magistrate's Court by storm.

Today after 35 years in the legal profession, he has decided to give up his lucrative criminal practice and serve the country internationally. The loss to the legal profession is in turn a gain to the internationalist at large.

Hemantha Warnakulasuriya, P. C. was elevated as a President's Counsel after almost 35 years in active practice. But today President Mahinda Rajapaksa, who knows the capabilities and commitment of Hemantha Warnakulasuriya, has decided to appoint him as our Ambassador to Rome.

In addition to being Ambassador to Rome, he has been accredited to four other countries - Greece, Cyprus, Albania and Malta and also to five other organisations of the United Nations systems like the FAO, WFP, IFAD and the International Centre for the Preservation/Restoration of Cultural Property.

Mr. Warnakulasuriya told me that one of his adolescent dreams was to visit Greece and sit on a marble stone opposite the Parthenon (unequivocally acclaimed by millions of observers as the most archaeologically beautiful buildings ever built by the bare hands of a human being) and think of Socrates.

Now he can view the Parthenon as our Ambassador to Greece.