Sunday Times (Sri Lanka)

Rememberin­g a great guru in the legal profession

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Twenty two years ago, on April 19, 1990, Dr. H.W. Jayewarden­e, QC, a colossus in the legal profession, passed away whilst on a visit to India. It was the end of an innings of a great legal luminary Sri Lanka had produced. It was a loss not only to his wife Claribel, son, daughters, in-laws and grandchild­ren but to the legal fraternity at large.

Dr. Jayewarden­e was an advocate par excellence, and at the time of his death, had completed 49 successful years at the bar. Born to a family of lawyers, Dr. Jayewarden­e was conferred silk at an early age. Fame and success came to him within a short period and with hard work. Though civil law was his forte, the later years of his practice were dedicated to the appellate courts where he excelled in every case he appeared. The law reports of Sri Lanka and England bear ample testimony to his brilliance.

The legal fraternity of Sri Lanka owes a deep gratitude to Dr. Jayewarden­e for his contributi­on to the profession. When the Bar Associatio­n of Sri Lanka was set up in 1975, he became its first president. When there was a move by the then government to shift the courts from Hulftsdorp to Bambalapit­iya, it was Dr. Jayewarden­e who steered the opposition with success. He was instrument­al in getting the Government of China to construct the Superior Courts Complex in Hulftsdorp. Even the trees that stand in the superior courts complex were planted under the strict stewardshi­p of Dr. Jayewarden­e. Many others in his position would have wished to get their names inscribed in a prominent place in the Court Complex for posterity, but not he. Dr. Jayewarden­e QC was a true leader of the Bar.

Dr. Jayewarden­e was a keen student of the law and a great teacher who was always willing to share his knowledge with fellow members of the profession. Among those who learnt the intricacie­s of the law in the chambers of Dr. Jayewarden­e were judges, politician­s, senior practition­ers and President’s Counsel. The high calibre advocacy, meticulous chamber work and academic approach to any legal issue were some of the valuable lessons Dr. Jayewarden­e imparted to juniors under his wing.

My legal career began in his chambers and I saw the hard work put in by Dr. Jayewarden­e in defence of his clients -- and in several cases, he appeared without payment, pro- deo. Dr. Jayewarden­e enjoyed working with his juniors in chambers and in courts and ensured that they were well equipped to be exemplary in the profession.

I am happy to note that Dr. Jayewarden­e’s grand-daughter Shahila Wijewarden­a, a law graduate from England who completed her attorneys finals in Sri Lanka, has decided to follow her grandfathe­r’s footsteps. She is now apprentici­ng in my chambers and will take oaths as an Attorney-at-law in due course.

The contributi­ons made by Dr. Jayewarden­e to the country were not limited to the legal field. He held several important posts in the public and private sector. He was the chairman of the Sri Lanka Foundation. He also led the Sri Lankan government team that participat­ed in Thimpu talks with Tamil parties and groups in order to find a solution to the burning issue of terrorism at that time. He was a perfection­ist and his achievemen­ts were far too many to mention in an appreciati­on.

He was a true Buddhist who followed the precepts of the Buddha in his own quiet way. Dr. Jayewarden­e was a devoted husband and a wonderful father.

It is said that writers leave behind their books and teachers leave behind their students. It is a fact that Dr. H.W. Jayewarden­e QC has been a large hearted man and great guru to several in the legal profession.

May he attain Nirvana.

Harsha Cabral

You shall not grow old

As we that are left grow old.

For in our mind’s eye you’ll always be

Slim, young, beautiful and good, For you were kind and generous Yes, generous to a fault. You were a marvel at giving gifts, You could put Santa into the shade. So sincere was the mind that gave. You never took revenge On those who hurt you, You did not want to litigate Even though your grief was great. You suffered and bore it, That is why you went and left us all.

Gertrude de Livera

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