Features

From donkeys to tarts, to drafting and drafts

Published

3 years ago

2023/04/2

Thilina Walpola

Legal Draftsman's Department today

BP Peiris

(Excerpted from Memoirs of a Cabinet Secretary)
(Continued from last week)

Mervyn’s first question on my reporting to him in response to his letter (offering a job in the Legal Dratsman’s Department) was, “Have I taught you at Royal?” Owing to an accumulation of work in his department, he had wanted a draftsman urgently and, as there was no time to call for applications, had gone to Attorney-General Ilangakoon and examined his file of applications for the post of Crown Counsel. He selected T. S. Fernando (at the time of writing, 1967, the Senior Puisne justice).

T. S. could not stand the drudgery and the painful silence of drafting for more than two weeks and asked to be relieved of his duties because he did not find the work congenial. I was then sent for. There was no money in the votes of the Legal Draftsman to pay my salary and I was gazetted as an acting Crown Counsel and paid from the votes of the Attorney-General.

Mervyn Fonseka believed that a classics man made a better draftsman than a mathematics man, a view with which R. B. Naish, a Civil Servant temporarily attached to the department for drafting a new Merchant Shipping Ordinance, and P. C. Villavarayan, a classical scholar from Oxford who was the Senior Assistant Draftsman, agreed. Naish was also a classics man – hence the selection of myself.

Naish was a serious man, intellectual, and very careful and correct in his drafting. Nihal Gunasekera, a charming and cultured man, who had been Crown Counsel and died early after he had reverted to the Bar, told me this story about Naish. There was a case in the Magistrate’s Court of Chilaw which, because of local feeling, the Magistrate was unwilling to hear and the Crown Proctor was unhappy about prosecuting. E. H. T. Gunasekera was asked to prosecute, Nihal was for the defence.

Counsel travelled by train. A white man got into the next compartment. All three got down at Chilaw and went to the rest house. At dinner, the white man sat at a table adjoining that occupied by the two advocates. Naturally, the conversation turned to a discussion of this peculiar silent, white man and in referring to him, the advocates who were speaking in Sinhala, used the would ‘Booruwa’, meaning ‘donkey’.

Next day, when the case was called in court, the ‘donkey’, who had been specially gazetted to try the case, came on the Bench. On the journey back after the day’s work, all three found themselves in the same compartment and E. H. T. tactfully veered the conversation to the subject of languages, Latin and Greek, Sanskrit and Pali, and finally, Sinhala and Tamil. The ‘donkey’ had said that he knew the classical languages and his Sinhala but found Tamil a little difficult. He had added “Some people might think I’m a donkey” and repeated it several times. The donkey was Naish.

Nihal told me of another incident which took place at the Kandy Assizes when he was Crown Counsel prosecuting before Chief Justice MacDonnell, a very polite man who bowed for the slightest thing from the Bench. The case was one of abduction and rape. The “complainant” in the case was the leading prostitute in the town, a woman in the roaring forties with all the hallmarks of her dwindling trade stamped on her person and her features – the enormous hairbun, the bangles on her wrists, the crow’s feet under her eyes, the sallow skin and the powdered face, a woman well known to every individual in the town except Chief Justice MacDonnell.

At the end of the tart’s evidence, the Chief gave a polite bow and said “Thank you, Madam”, which the Interpreter Mudliyar interpreted as “bahapiya”. A literal translation of this word will not convey the Mudaliyar’s meaning to English readers. Freely I would say ‘Get out’. Nihal had pointed out to the Mudaliyar that was not a correct translation of what the judge had said and the Mudaliyar had replied that he had a reputation to maintain in the town.

From donkeys and tarts let me get back to drafting and drafts. My father had often asked me, when I was at the Bar, to call on Mervyn in Chambers, and I had always refused. I preferred to stand on my merits and did not want them to feel that his old pupil, now advocate, was calling on his old teacher, now Head of a Department, to scrounge a favour. Naish told me later that I had been chosen because I had won the George Wille Greek Prose prize in school. I also learned later that the man who had been pressing my case, unasked, with Mervyn was E. H. T. Gunasekera, a fact which he always denied.

After I joined the Department, E. H. T. and I worked in adjoining rooms and we became good friends. I always went to him when I was in need of advice, and he always gave his advice straight from the shoulder, not shaping it to please the other party.

Mervyn was an excellent draftsman, a kind man, but a strict disciplinarian. He insisted on thoroughness and used to stress that a draftsman must know all the law and could not be heard to say that he had made a mistake. He had a fancy for clocks and watches. There were more than a dozen clocks in his house, one showing local time, one Greenwich, one Rome and so on. He also had one of the best collections of classical records, card indexed, and standing on shelves like books.

The Governor, Sir Andrew Caldecott, used to visit him to relax and listen to the records over a whisky and soda. On those days, there was always a policeman at the gate and no one was allowed to enter, neither Mervyn nor Sir Andrew being willing to be disturbed while listening to Mozart, Brahms, Beethoven, Chopin and other musical celebrities.

He used to have Saturday morning ‘classes’ for his staff officers. He would collect on paper, points that had struck him on our drafts and then we would discuss the several points of law rising on the drafts. These meetings were most helpful to his assistants and we learned a great deal from the discussions. The ‘classes’ were held at 9 a.m. On one occasion H. N. G. Fernando was about two minutes late. As H. N. G. entered the room Mervyn looked at the office clock and told H. N. G. that his watch was not keeping correct time.

H. N. G. was punctual after that. With his interest in clocks, watches, and gramophone records, Mervyn was sometimes a bit absent-minded. He always had a bottle of smelling salts on his table, and one day, absent-mindedly, instead of the bottle, put his fountain pen to his nostril, sniffed, and appeared to have received the same stimulation as if he had smelt the salts.

On October 1, 1936, I was appointed a temporary Assistant Legal Draftsman and made responsible for some of the subsidiary legislation of the island. This included Proclamations, Notices, By-laws of local authorities, Rules, Regulations and Orders – approximately 6,000 for the year. No file was supposed to pass out of the office until Mervyn had run his eyes over the outgoing letter and draft.

Very soon I was in trouble. Drafting is an art which is acquired by experience, and I had no experience at all. I was asked to draft a set of by-laws relating to the traffic lights installed, for the first time, at the Galle Road-Turret Road junction. I looked up the law. The Municipal Councils Ordinance, under which the by-laws were to be drafted, and prepared a set of by-laws using always the word “vehicle”, e.g., the green light means that the vehicle may proceed, the red light means that the vehicle shall stop, adding at the end, a by-law which said that where a vehicle is driven in contravention of the bylaws, the driver of the vehicle shall be guilty of an offence and liable to the prescribed penalty.

My draft passed through the office without Mervyn scrutinizing it. It was approved by the Minister and by the Governor and was, in due course, published in the Gazette and became law. The police then, for a period of about two months, began to instruct motorists in the new rules of traffic control by the use of light signals, after which they started instituting prosecutions.

One day Mervyn phoned me asking me to see him with the Traffic Lights By-laws file. This was unusual, and I knew that I had gone wrong somewhere. I have never, in my life, had such a grilling as I had from him that day. First, he asked me what I had read before I started drafting the by-laws. Did I read the whole of the Municipal Councils Ordinance? This dealt with streets, drainage, markets etc., and I told him that I did not consider it necessary to read the whole of the Ordinance.

After about half an hour of this grilling (I was almost going to call it ‘bullying’ in view of the fact that at some moments I was almost on the point of breaking into tears), he said “Turn to the Interpretation section. Did you read that?” I had not. In that same angry tone, he continued “Read the definition of vehicle”; and like a whipped school boy, I read. ‘Vehicle’ was defined to mean any vehicle other than a mechanically propelled vehicle.

“And,” he continued, after having had a sniff at his bottle of smelling salts, “are you aware of the rule of interpretation that where a word is defined in a statute and that word is used in a by-law made under that statute, then that word had the same meaning as defined in the statute?” Of course, I was not aware. “Well” he finally asked, “What is the effect of your by-laws?” I said I was sorry. I appeared to have caught up every type of vehicle except the motor vehicles. He now spoke in a lower key. To be sorry was one thing. To make him look a fool was an entirely different thing, and he did not want to be made to look a fool. Draftsmen cannot afford to make mistakes etc. etc.

“Lord,” I thought, “will this talking never come to an end?” Suddenly, he was all sweetness. “Don’t misunderstand me. We learn by making mistakes and I have been talking in the privacy of my room. We must put this matter to right.” He spoke in the plural. He phoned the Superintendent of Police dealing with traffic offences and found that there were over 100 cases pending. He told the Superintendent, “All these cases must be withdrawn. I have made a mistake in the drafting and in the circumstances, the Crown does not wish to go on with the prosecution.”

I quickly changed my opinion of the man and thought “What a fine gentleman!” The order for the withdrawal of all the cases had to be given by the Inspector General himself. My mistake (no one knew it was mine) was put right the following week by an amending by-law which said “In these bylaws, ‘Vehicle’ includes a mechanically propelled vehicle.” How simple the whole thing looks now. This happened many years ago. As I type this in 1967, in the privacy of my room, the atmosphere is

heated, my feet are cold and perspiration is pouring down my back.

I had, perforce, to be more careful now. I studied the Draftsman’s Bible, Allison Russell on Legislative Drafting, and if I had the slightest doubt, consulted one of my three seniors, Villavarayan, Wendt or H. N. G., who were always of the greatest assistance. A set of market by-laws for Kurunegala Urban Council was sent to me for revision. The Ordinance gave the Council power to lease the right to collect the rents and fees due in respect of the stalls. Instead of doing this, the Council had leased the entire market to one person and the bylaws were intended to provide for this.

I deleted all the objectionable portions of the draft and returned it to the Council certifying it to be in due form as amended in red ink. After some time, the draft was sent back to me by the Council with an opinion by E. J. Samarawickrema, K. C. stating that the original by-laws were perfectly in order and within the law and requesting that the by-laws as originally sent be certified to be in due form. I could not sit in judgement on my own matter. I accordingly wrote a nine page report to the Legal Draftsman pointing out, with all respect, that Samarawickrema was wrong and that the by-laws as amended by me should stand.

Mervyn sent for me and said, “So. You disagree with Samarawickrema? You had better pass the draft on the K. C.’s opinion.” I requested him to make that order on the file and he hesitated. He then had a conference with the Attorney General, the Solicitor, and five Crown Counsel, with himself, Villavarayan and me for our department and the meeting, after discussion, agreed with me.

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Features

‘The devil is in the details’ in West Asian peace

Published

11 hours ago

2026/06/18

Sahan Weerasooriya

President Donald Trump at the current G7 summit in France. Evelyn Hockstein/Getty Image

It is obviously too early for an outpouring of joy over the seeming cessation of hostilities between the main antagonists in West Asia. While the prospect of there being a measure of calm in the region is being welcomed by considerable sections of the international community, what is ‘on the table’ currently is only a Memorandum of Understanding between the US and Iran to give peace a chance. The hard part in the peace effort remains to be achieved.

In the Middle East of today we have one of the most complex conflicts to break out in modern international politics and the observer would be naive in the extreme to expect a facile and early closure to the tangle. Yet, for the sake of the world’s publics who have been hurting badly in the prolonged hostilities one could only hope that the US-Iran MoU that is expected to be signed by the sides on Friday would lead eventually to a substantive peace. The world’s thanks are due to Pakistan in this connection for its sustained support in the peace drive.

While the sides have agreed to a ceasing of hostilities in the most general terms and have reached accord on the facilitation of uninterrupted oil and gas supplies to the rest of the world, for instance, the ‘devil will prove to be in the details’ in an envisaged comprehensive peace settlement. It is these details that would make or break peace if the negotiations go on in earnest.

Nevertheless, the details would need to be worked out consensually in a spirit of compromise with an eye to the greater good of the world community. Realpolitik or a narrow focus on solely the national interest among the protagonists, for example, would need to give way to a measure of humanity that would encompass within it a consideration of the overall well being of the world. In other words, it is statesmanship that would crucially matter.

The next few weeks would establish whether humanists are ‘asking for far too much’ when they broach the questions at issue in these terms. Yet it is essentially self interest and national security considerations of the first importance that drove the conflict from even prior to February this year and these questions would need to be taken up and resolved to the satisfaction of the US and Iran in the main if some headway is to be made towards a durable settlement.

The nuclear issue would prove to be the proverbial Gordian Knot. From a realistic viewpoint, Iran could not be expected to be without a potential nuclear deterrent in the face of perceived nuclear threats emanating for it from the West and Israel. In the short term, Iran would need to possess this deterrent to a measure, within a mutually agreed international legal framework maybe, until wide agreement is reached on the nuclear tangle. Specifically, Iran’s immediate threat perceptions with regard to her nuclear-powered rivals would need to be defused during initial negotiations.

Ideally it is a world free of nuclear weapons that must be aimed at but since this goal cannot be achieved in the near or medium terms, unfolding negotiations would need to ensure Iran’s absolute security in a world of powers that continue to swear by the nuclear deterrent, if it is to give up the suspected latter capability.

However, it is to the degree to which the present nuclear powers divest themselves of this capability that Iran could be put at ease on this score. Accordingly, it is nothing short of a complete elimination of nuclear weapons from the world that could dissuade keenly security conscious states from developing nuclear weapons of their own with a mass destruction capability.

This is the number one dilemma the international community needs to grapple with going forward and it is to the extent to which it resolves it that a nuclear weapons free world could be envisaged. No doubt, an uphill challenge.

Compelling Israel to support the present negotiatory process constitutes another grueling challenge for the US. Currently the Iranian position essentially is that a Middle East peace is inseparable from a normalization of the security situation in Lebanon. That is, the present Israeli attacks on the Hezbollah presence in Lebanon must cease if a comprehensive peace is to be realized in West Asia.

However, Israel is showing no signs of drawing back from its attacks on Hezbollah strongholds in Lebanon since the security of the Israeli state is being seen as threatened by the militant group. Co-opting Israel into the negotiatory effort therefore would turn out to be a matter of paramount concern for the US.

Moreover, elements in the rightist administration in Israel are seeing the current peace efforts as a ‘sell out’ to the enemies of Israel. They would have none of it. It is left to be seen how the US would be managing these virtual storm centres in the diplomatic process that could very well bring down the overall purported peace drive.

A recent pronouncement by US Vice President J.D. Vance points to yet another problem area in the US’ current peace overtures. He said that, ‘Regional peace and stability includes stopping the funding of terrorist organizations.’ He was obviously referring to the support extended by Iran to Hezbollah when he mentioned ‘terrorist organizations’ but he has given fresh life to the age-old conundrum of ‘Who is a terrorist?’ by these words.

To the Netanyahu government the Hezbollah and other militant organizations fighting Israel are ‘terrorists’ but from the viewpoint of the Iranian regime they are ‘freedom fighters’. This seemingly insurmountable definitional issue would not only stubbornly bedevil the peace effort but could even figure in bringing about its collapse, unless judiciously handled.

Thus, it’s the thorny details that need to be watched to keep the West Asian peace process afloat, once it gets going in earnest. There is no doubt that US President Trump would be receiving a considerable amount of support from the G7 in this historic peace undertaking and his personal appeals to the grouping currently meeting in France for continuous support are likely to elicit a positive response from it.

Likewise, Trump would need to appeal to also the BRICS countries if almost total global support is to be garnered for the peace drive in West Asia. BRICS’ solidarity with the US and the West is likely to carry considerable weight with Iran and other Eastern actors who are key to a sustained peace drive in the Middle East.

Features

Sri Lanka’s elephant paradox: Govt. counts tourism dollars while playing a dangerous numbers game: Expert

Published

11 hours ago

2026/06/18

Sahan Weerasooriya

At a time when Sri Lanka is enjoying a resurgence in wildlife tourism, with elephants remaining the undisputed stars of the country’s national parks and one of its most marketable natural assets, elephant conservationist Supun Lahiru Prakash has sounded a stark warning: the nation is in danger of losing the very species that helps attract millions of tourism dollars while sustaining some of the island’s most important ecosystems.

Supun says repeated claims by authorities that Sri Lanka’s elephant population is increasing, despite the absence of a final survey report and amid continuing elephant deaths, risk creating a misleading narrative that could undermine conservation efforts and encourage retaliation against elephants.

According to Supun, the issue is not merely about numbers. It is about political priorities, scientific credibility and the future of one of Sri Lanka’s most iconic species.

“Repeatedly claiming that the elephant population is increasing appears to be an attempt to hide the Government’s inability to manage the rising annual elephant death rate and the complications of human-elephant conflict,” Supun said.

For decades, the Sri Lankan elephant has been a symbol of the country’s rich natural heritage. It is the centrepiece of wildlife tourism, drawing visitors from across the globe to national parks such as Yala, Udawalawe, Minneriya, Kaudulla and Wilpattu. International wildlife documentaries, tourism campaigns and social media promotions frequently place elephants at the heart of Sri Lanka’s nature tourism brand.

Yet, according to Supun, the country’s conservation policies do not reflect the value of the species.

“On one hand, the Government is enjoying increasing tourism revenue, and elephants remain one of Sri Lanka’s most important wildlife attractions. On the other hand, narratives are being promoted that could encourage retaliation against the very species that contributes significantly to the country’s tourism industry,” Supun said.

According to the First Countrywide National Survey of Elephants conducted in 2011, Sri Lanka had 5,879 elephants. However, official statistics show that 4,167 elephants died between 2012 and 2024.

Supun stressed that these figures represent only the deaths officially recorded by the Department of Wildlife Conservation.

“In a context where more than 70 percent of the country’s elephant population reported in 2011 has died within 13 years, it is difficult to accept claims that the population has increased,” Supun said.

The conservationist pointed out that elephants have the longest gestation period among land mammals and that scientific studies have reported increasing interbirth intervals among female elephants together with high calf mortality.

“When such biological realities are taken into consideration, claims of a dramatic increase in elephant numbers become difficult to understand,” Supun said.

Supun believes that repeated references to increasing elephant populations risk fuelling public hostility towards elephants, particularly among farming communities already affected by crop raids and property damage.

“Such claims can create the impression that elephant populations are exploding and thereby promote retaliation against elephants as well,” Supun said.

According to Supun, Sri Lanka’s elephant crisis cannot be understood solely through population estimates. The real issue lies in the country’s failure to address human-elephant conflict through long-term, science-based solutions.

Sri Lanka continues to record among the highest levels of human-elephant conflict in the world. Every year, hundreds of elephants and dozens of people lose their lives as competition for land and resources intensifies.

Despite the scale of the crisis, Supun says authorities continue to rely on strategies that have repeatedly failed.

Lahiru Prakash

These include driving elephants into protected areas, strengthening electric fences to confine them there and allocating additional manpower to maintain fencing systems.

Supun was also critical of several proposals that emerged from district-level discussions on conflict mitigation, including the sowing of paddy and corn using Air Force drones and the planting of fruit orchards within protected areas.

“Such proposals fail to address the real ecological and social dimensions of the conflict,” Supun said.

While welcoming reports that the Government intends appointing a national-level mechanism to tackle human-elephant conflict, Supun said the challenge required intervention at the highest level of government.

“Given the gravity, complexity and geographical spread of human-elephant conflict, appointing any committee other than a Presidential Task Force is not useful,” Supun said.

He argued that a Presidential Task Force chaired by either the President or the Secretary to the President would be better positioned to overcome the bureaucratic delays and institutional fragmentation that have hindered previous efforts.

Supun also stressed the urgent need to restore and protect elephant corridors and home ranges that allow elephants to move safely across landscapes.

He cited the Koholankala elephant corridor in Hambantota as one example where removing obstacles could help reduce conflict while improving habitat connectivity.

At the same time, Supun questioned policies that permit the allocation of forest lands in areas identified by environmental assessments as crucial elephant ranges and movement corridors.

“The opening of elephant corridors and the protection of elephant home ranges must be carried out scientifically and consistently if they are to succeed,” Supun said.

Beyond tourism, Supun emphasised the ecological importance of elephants.

“Elephants are ecosystem engineers. Through their feeding habits and movements, they help maintain habitats that support numerous other species. In many ways, they create safer and healthier environments for wildlife,” Supun said.

According to Supun, protecting elephants means protecting entire ecosystems and the biodiversity upon which Sri Lanka’s wildlife tourism industry depends.

“By protecting elephants, we are also protecting the biodiversity that makes Sri Lanka one of the world’s premier wildlife tourism destinations,” Supun said.

As Sri Lanka seeks to expand tourism earnings and strengthen its reputation as a wildlife destination, Supun believes the country faces a defining choice: continue with policies that have failed to stem elephant deaths and human-elephant conflict, or embrace a science-based conservation strategy that safeguards both people and wildlife.

Without a fundamental shift in policy and political will, Supun warned, Sri Lanka risks losing not only one of its most iconic species but also the ecological and economic benefits that elephants continue to provide.

“The suffering of both farmers and elephants will only intensify unless meaningful action replaces rhetoric,” Supun said.

By Ifham Nizam

Features

Top Model of the World 2026

Published

11 hours ago

2026/06/18

Sahan Weerasooriya

Back-to-back victory for Colombia

Katherine Castaño of Colombia claimed the Top Model of the World 2026 crown, securing a historic back-to-back victory for her country. Angelica Sanchez of Puerto Rico was named first runner-up, and Eunice Deza of the Philippines finished as second runner-up.

Katherine was crowned by outgoing titleholder Natalia Garizabal Vera of Colombia.

Several special category awards, and subsidiary titles, were also presented during the Top Model of the World 2026 pageant.

These awards recognised excellence in modelling, peer support, and regional representation.

Primary Subsidiary Titles

Sri Lanka’s Netalie Withanage: Top 16 at
the grand finale

Miss Globe 2026: Valentina Tabares (Ecuador) — Awarded to the contestant who perfectly balances fashion modelling with traditional beauty queen qualities.

Queen of Europe 2026: Mia Danielle Williams (United Kingdom) — Given to the highest-ranking candidate from a European nation.

Special Awards Recognition

Audience Iconic Award: Charly (Dominican Republic) — Won via the official public online vote, granting her a fast-track direct entry into the Top 6.

Exotic Model of the World: Angel Emeka (Nigeria) — Awarded for exceptional editorial presence and strong runway performance.

Best Body Award: Thailand — Voted directly by fellow contestants at the Flow Spectrum Hotel. The highest-ranking runners-up for this category included Zambia, South Africa, Colombia, and Ghana.

Angelica Sanchez (Puerto Rico): 1st Runner-up

Final Placement

Winner: Katherine Castaño (Colombia)

1st Runner-Up: Angelica Sanchez (Puerto Rico)

2nd Runner-Up: Eunice Deza (Philippines)

Top 6 Finalists: Included contestants from the Dominican Republic, Romania, and Germany.

The pageant, known for focusing on professional modelling careers over just beauty, brought together 36 models from around the globe for two weeks of runway, photoshoots, and cultural events.

Sri Lanka’s Netalie Withanage walked among 36 of the world’s best and powered her way into the Top 16 at the grand finale.