Features

A trip to Italy and my father’s death in Australia

Published

3 years ago

2023/04/9

Thilina Walpola

Supreme Court Victoria

by Nimal Wikramanayake
(Excerpted from A Life in the Law)

Anna Maria’s father died on her birthday on 8 October 1970. Due to economic constraints and exchange control regulations in Ceylon, we were unable to attend the old man’s funeral. Anna Maria had not seen her mother, who was getting on, for nearly 12 years. Anna Maria was coming up for her first five-year long service leave at Cabrini Hospital. We decided to go to Italy on a holiday and spend some time with her mother.

It was July 1977 when we arrived in Rome on a hot, steamy morning. We wandered around in the Fiumicino Airport before we took a plane to Venice that afternoon. We were booked on an Alitalia flight and such flights in Italy were an exhilarating experience. Alitalia normally overbooked its flights so it was a simple question of first come first served – not who bought his or her ticket first, but who got onto the plane first.

At the terminal we got on to the bus, which was to take us to the plane. When we got off the bus a 100 feet from the plane, the Italians charged towards the plane with Anna Maria leading the way. She was an expert in dealing with this type of travel, and used her elbows with great ferocity. I sheepishly lagged at the back of the crowd. When I got onto the plane I found that Anna Maria had managed to reserve a seat for me.

It was then that the comedy unfolded. As usual, there were about 10 people standing in the aisle without any seats. There followed the typical Italian pandemonium, with the standing passengers screaming and yelling at the stewards and stewardesses. As usual, the Carabinieri were called and after the standing passengers were escorted off the plane, we took off for Venice.

We arrived there an hour later and drove up to Asolo. I will not bore you with details of our visit to Italy. (I hate it when I am invited by my friends for dinner and after dinner they produce photographs of their holidays, which should only be of interest to them.) But we spent one memorable day in Venice on July 16 – on the Feast of the Redeemer. We met Tony Lopes and Jack Keenan of the Victorian Bar, and his wife Elspeth Keenan under the bell-tower in St Mark’s Square. We watched an exhilarating fireworks display and then Tony suggested we have dinner.

We wandered around and found an expensive restaurant. This was before the days of credit cards and my heart sank. The holiday had severely depleted my finances and I shuddered when I saw the prices on the menu, even though it was 1,000 lira to the Australian dollar. Fortunately, Tony rose to the occasion and insisted on paying for the meal.

The holiday was uneventful save for two things. I read Voumard (second edition) from cover to cover on the plane going over to Italy and again on the way back. When we were nearing Melbourne, and the pilot announced that we would be landing at Tullamarine in half an hour, all the passengers got up and cheered. It was good to be back home. Sadly this does not happen when one is arriving at Melbourne today.

My father

By 1978 I had settled into my daily grind, with a rare foray into the Supreme Court. By this stage, I had ceased to do any criminal or family law work.In July I brought out the third edition of Voumard relating to the sale of land in Victoria, with the consulting editor, Sir Alistair Adam, being responsible for inserting the relevant authorities in the appropriate places.

Early on in my practice, I had ceased doing work in the personal injuries field as I was only receiving briefs from plaintiffs’ solicitors. In this area of the law, a barrister does not get paid until the successful completion of the plaintiff’s case. If the plaintiff is unsuccessful, then there is no possibility of being paid for one’s efforts.

As I was confined mainly to the commercial area of the law, I could see no future for myself other than being a County Court hack.I used to have lunch once a month with my friend Jacob Okno, a solicitor, and he reassured me regularly that I would make a name for myself one day as a result of my association with Voumard: The Sale of Land in Victoria.

Towards the end of the year, Anna Maria and I drove up to Sydney to spend time with my parents. An interesting feature of this visit was that a brief had been delivered to me to advise on a complicated trusts matter. I took it to Sydney and showed the brief to my father. He thought for a moment, and despite the fact that he had had a couple of heart attacks and was suffering from acute heart failure, he gave me the answer in five minutes. The drive to and from Sydney was very uncomfortable as the temperature was in the high 30s and our car did not have air-conditioning.

The following year 1979 was soon upon me and the months plodded on mechanically and monotonously. But in August of that year I received a telephone call from my brother who told me that Dad, having gone out to celebrate my mother’s birthday on August 7, had suffered a massive heart attack and was dying. I had looked up to him all my life, for unlike most boys who stop appreciating their fathers when they grow up, he was my hero and I could not contemplate life without him.

I was sobbing in my room when my friend Tony Lopes walked in and asked me what had happened. I told him that my father was dying and Tony left abruptly. Half an hour later, his wife Marilyn came in to console me. I thought this gesture of Tony’s was really heart-warming.

Dad survived this heart attack but then had a series of further heart attacks. I decided to go to Sydney with Anna Maria and celebrate his 77th birthday on December 7, at the Royal Prince Alfred Hospital. Life was extremely hard financially and we were always without money. I could not afford the plane fare for both of us to go to Sydney so my elder brother paid for our tickets.

I was then briefed to appear in a case in the Supreme Court of Victoria on December 6, 1979. The case, I thought, was a relatively simple one. If my recollection serves me right, it was an action brought by a partner, a woman, against her de facto. She had paid a deposit on a property but both parties were registered as proprietors of the property. They had both taken out a mortgage for 80 per cent of the value of the property.

I raised an argument that since the de facto was a party to the mortgage, he had an equity in the property commensurate with the mortgage and therefore a division of the proceeds had to be in accordance with that principle. The Supreme Court judge hearing the case, Justice Sam Gray, kept sniggering throughout my submissions, saying that there was no basis for such a submission. Ultimately I could not stand his sniggering anymore and I told him, “Your Honour, my submissions are not a matter for levity.”

I had been only seven years at the Bar in Victoria but I had had 13 years’ practice in Ceylon. The judge glared at me and said, “Would you mind repeating yourself?” I was aware of my father’s advice that I was entitled to be treated with respect by any judge I was appearing before. The judge obviously thought that I would withdraw my statement, but I said, “Your Honour, it is fairly obvious that you are not possessed of my arguments. I reiterate that my submissions are not a matter for levity.”

The case went on to the morning of December 7 and I told the judge that my father was dying in Sydney and I had to catch a flight at 2.30 pm. He delivered judgment that day, entering judgment for the wife. A short while later the High Court delivered judgment in the case of Calverley v. Green and restated the proposition I had put to the Supreme Court judge to the effect that a registered proprietor of property who was a party to a mortgage had an equity in the property commensurate with half the registered mortgage to which he was a party. My client, however, was disgusted with me and decided not have anything to do with me.

This story does not end here, for I appeared several times before that judge and lost every single case, including the unlosable case in December 1989. In that month I was appearing in a Supreme Court case and when the lists came out and I saw that this judge, Justice Sam Gray, was hearing the case, my heart sank. I went in to see my friend, Ross Howie, now retired Judge Howie of the County Court, and said to him, “Ross, I have an unlosable case tomorrow in the Supreme Court but I have drawn Judge Sam Gray and I am going to lose it”.

Sure enough, I lost the case.

Some years later, I was vindicated when two judges of the Supreme Court, Mr Justice Hayne and Mr Justice Smith – and later the Court of Appeal – held that Judge Gray’s decision was completely and utterly wrong. But by then everyone in the legal profession knew that I, the author of Voumard: The Sale of Land, had lost a significant case on land law.

I suffered a severe setback and it took me several years to recover. This, unfortunately, often happens to barristers who fall foul of judges. Judges often exact their vengeance on barristers in this most unprofessional way. We have no one to turn to for assistance.

My heart was in pieces when we got on the plane to go to Sydney that afternoon. Not only had I lost a good case, I had lost a solicitor who would never brief me again. I was also going to see my poor father who had a very short time left on this earth.

My brother picked us up at the airport and we drove to the Royal Prince Alfred Hospital. Dad was seated on his bed, his head drooping. He looked completely lost and bewildered. My mother said, “Guy, here is your son Nimal. Why don’t you sing him that song you used to sing him when he was a little baby?”

Dad looked up at me with a puzzled expression on his face. My mother said, “You remember, Waltzing Matilda”

That was the first song my father ever sang to me when I was a baby. My father looked up and in a high-pitched squeaky voice said, “Walthing Tilamy, Walthing Tilamy …” and repeated this over and over again. It was heart-wrenching. Here was a man who had once been a lion of the Ceylon Bar, a brilliant advocate and a remarkable cross-examiner, now in this pitiful condition. Old Father Time certainly is ruthless and merciless. I thought to myself, Father Time will come to all of us, ultimately, and will be the only winner in the game of life. I took my emaciated, weak father in my arms and embraced him. There was nothing else I could do; I felt completely and utterly helpless.

That night, we went back to my mother’s little flat. We were woken at 2.30 am by ghastly loud shrieks. It was my mother screaming and yelling. My brother had telephoned to say that my father was going through another heart attack and was dying. He came over, picked us up and we rushed to the hospital. There was Dad, in bed with an oxygen mask over his face, throwing his arms about and shouting, “Porter, porter!”

We stood there helpless, wondering what we were to do. Mum, my brother and I were dumbfounded. Anna Maria rushed up to Daddy, cradled his head in her arms and started stroking his head saying, “Daddy, we will get the porter, we will get the porter, relax. He is having his dinner at the moment and will be here shortly.” Ultimately, she was able to calm him down.

Dad’s condition raised a number of questions in regard to euthanasia. His cardiologist wanted to turn the respirator off and let him die, as he was in a pitiful, hopeless condition. I would not have a bar of it. I did not want my father to die although he may have been suffering. Dad was suffering from severe heart failure and his end was very near. He died two and a half months later on February 23, 1980.

I remember one occasion in 1974 in Equity Chambers when Christopher Dane walked into my room one afternoon and said that his father had just died. He told the other barristers in chambers too. It was as if a bomb had fallen on Hiroshima. All the barristers packed up their things and left. They did not want to face the death of Christopher Dane’s father. I walked into his room later on that evening and asked him whether he was doing anything for dinner. He said no, so I invited him home. Grief is something that needs to be expressed and shared with others.

Death was approached in a completely different way in Australia in those days. The dead were left in cold, lifeless funeral parlours to await an equally morbid church service, and then they were either buried or cremated.

In Ceylon, the dead body used to lie at home for several days until all the family, friends and relatives had paid their respects. This process enabled those left behind to grieve adequately. I believe this pattern of behaviour is still carried on in Ireland. Today, however, the practice in Sri Lanka has reverted to the English practice where the dead are now left in funeral parlours.

During Dad’s funeral I tried to keep my emotions in check but when they played the hymn “Nearer My God To Thee” I broke down and started sobbing. I told Anna Maria, “I’m sorry, I’m sorry.”

She put her arms around me and said, “Look, there is nothing to be ashamed of – just let yourself go’

I continued to sob throughout the service while my two brothers and my sister sat stoically throughout the ceremony.Anyway, when I returned to Owen Dixon Chambers on the Tuesday following my father’s death, no one came up to me to offer their condolences, even though the barristers were aware that my father had died.

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Features

The Venezuela Model:The new ugly and dangerous world order

Published

1 day ago

2026/01/9

Thilina Walpola

The US armed forces invading Venezuela, removing its President Nicolás Maduro from power and abducting him and his wife Cilia Flores on 3 January 2026, flying them to New York and producing Maduro in a New York kangaroo court is now stale news, but a fact. What is a far more potent fact is the pan-global impotent response to this aggression except in Latin America, China, Russia and a few others.

Colombian President Gustavo Petro described the attack as an “assault on the sovereignty” of Latin America, thereby portraying the aggression as an assault on the whole of Latin America. Brazilian President Luiz Inácio Lula da Silva referred to the attack as crossing “an unacceptable line” that set an “extremely dangerous precedent.” Again, one can see his concern goes beyond Venezuela. For Mexican President Claudia Sheinbaum the attack was in “clear violation” of the UN Charter, which again is a fact. But when it comes to powerful countries, the UN Charter has been increasingly rendered irrelevant over decades, and by extension, the UN itself. For the French Foreign Minister, the operation went against the “principle of non-use of force that underpins international law” and that lasting political solutions cannot be “imposed by the outside.” UN Secretary General António Guterres said he was “deeply alarmed” about the “dangerous precedent” the United States has set where rules of international law were not being respected. Russia, notwithstanding its bloody and costly entanglement in Ukraine, and China have also issued strong statements.

Comparatively however, many other countries, many of whom are long term US allies who have been vocal against the Russian aggression in Ukraine have been far more sedate in their reaction. Compared to his Foreign Minister, French President Emmanuel Macron said the Venezuelan people could “only rejoice” at the ousting of Maduro while the German Chancellor Friedrich Merz believed Maduro had “led his country into ruin” and that the U.S. intervention required “careful consideration.” The British and EU statements have been equally lukewarm. India’s and Sri Lanka’s statements do not even mention the US while Sri Lanka’s main coalition partner the JVP has issued a strongly worded statement.

Taken together, what is lacking in most of these views, barring a negligible few, especially from the so-called powerful countries, is the moral indignation or outrage on a broad scale that used to be the case in similar circumstances earlier. It appears that a new ugly and dangerous world order has finally arrived, footprints of which have been visible for some time.

It is not that the US has not invaded sovereign countries and affected regime change or facilitated such change for political or economic reasons earlier. This has been attempted in Cuba without success since the 1950s but with success in Chile in 1973 under the auspices of Augusto Pinochet that toppled the legitimate government of president Salvador Allende and established a long-lasting dictatorship friendly towards the US; the invasion of Panama and the ouster and capture of President Manuel Noriega in 1989 and the 2003 invasion of Iraq both of which were conducted under the presidency of George Bush.

These are merely a handful of cross border criminal activities against other countries focused on regime change that the US has been involved in since its establishment which also includes the ouster of President of Guyana Cheddi Jagan in 1964, the US invasion of the Dominican Republic in 1965 stop the return of President Juan Bosch to prevent a ‘communist resurgence’; the 1983 US invasion of Grenada after the overthrow and killing of Prime Minister Maurice Bishop purportedly to ensure that the island would not become a ‘Soviet-Cuban’ colony. A more recent adventure was the 2004 removal and kidnapping of the Haitian President Jean-Bertrand Aristide, which also had French support.

There is however a difference between all the earlier examples of US aggression and the Venezuelan operation. The earlier operations where the real reasons may have varied from political considerations based on ideological divergence to crude economics, were all couched in the rhetoric of democracy. That is, they were undertaken in the guise of ushering democratic changes in those countries, the region or the world irrespective of the long-term death and destruction which followed in some locations. But in Venezuela under President Donald Trump, it is all about controlling natural resources in that country to satisfy US commercial interests.

The US President is already on record for saying the US will “run” Venezuela until a “safe transition” is concluded and US oil companies will “go in, spend billions of dollars, fix the badly broken infrastructure, the oil infrastructure, and start making money” – ostensibly for the US and those in Venezuela who will tag the US line. Trump is also on record saying that the main aim of the operation was to regain U.S. oil rights, which according to him were “stolen” when Venezuela nationalized the industry. The nationalization was obviously to ensure that the funds from the industry remained in the country even though in later times this did lead to massive internal corruption.

Let’s be realistic. Whatever the noise of the new rhetoric is, this is not about ‘developing’ Venezuela for the benefit of its people based on some unknown streak of altruism but crudely controlling and exploiting its natural assets as was the case with Iraq. As crude as it is, one must appreciate Trump’s unintelligent honesty stemming from his own unmitigated megalomania. Whatever US government officials may say, the bottom line is the entire operation was planned and carried out purely for commercial and monetary gain while the pretext was Maduro being ‘a narco-terrorist.’ There is no question that Maduro was a dictator who was ruining his own country. But there is also no question that it is not the business of the US or any other country to decide what his or Venezuela’s fate is. That remains with the Venezuelan people.

What is dangerous is, the same ‘narco-terrorist’ rhetoric can also be applied to other Latin American countries such as Columbia, Brazil and Mexico which also produce some of the narcotics that come into the US consumer markets. The response should be not to invade these countries to stem the flow, but to deal with the market itself, which is the US. In real terms what Trump has achieved with his invasion of Venezuela for purely commercial gain and greed, followed by the abject silence or lukewarm reaction from most of the world, is to create a dangerous and ugly new normal for military actions across international borders. The veneer of democracy has also been dispensed with.

The danger lies in the fact that this new doctrine or model Trump has devised can similarly be applied to any country whose resources or land a powerful megalomaniac leader covets as long as he has unlimited access to military assets of his country, backed by the dubius remnants of the political and social safety networks, commonsense and ethics that have been conveniently dismantled. This is a description of the present-day United States too. This danger is boosted when the world remains silent. After the success of the Venezuela operation, Trump has already upended his continuing threats to annex Greenland because “we need Greenland from the standpoint of national security.” Greenland too is not about security, but commerce given its vast natural resources.

Hours after Venezuela, Trump threatened the Colombian President Gustavo Petro to “watch his ass.” In the present circumstances, Canadians also would not have forgotten Trump’s threat earlier in 2025 to annex Canada. But what the US President and his current bandwagon replete with arrogance and depleted intelligence would not understand is, beyond the short-term success of the Venezuela operation and its euphoria, the dangerous new normal they have ushered in would also create counter threats towards the US, the region and the world in a scale far greater than what exists today. The world will also become a far less safe place for ordinary American citizens.

More crucially, it will also complicate global relations. It would no longer be possible for the mute world leaders to condemn Russian action in Ukraine or if China were to invade Taiwan. The model has been created by Trump, and these leaders have endorsed it. My reading is that their silence is not merely political timidity, but strategic to their own national and self-interest, to see if the Trump model could be adopted in other situations in future if the fallout can be managed.

The model for the ugly new normal has been created and tested by Trump. Its deciding factors are greed and dismantled ethics. It is now up to other adventurers to fine tune it. We would be mere spectators and unwitting casualties.

Features

Beyond the beauty: Hidden risks at waterfalls

Published

1 day ago

2026/01/9

Thilina Walpola

Bambarakanda waterfall. Image courtesy LANKA EXCURSIONS HOLIDAYS

Sri Lanka is blessed with a large number of scenic waterfalls, mainly concentrated in the central highlands. These natural features substantially enhance the country’s attractiveness to tourists. Further, these famous waterfalls equally attract thousands of local visitors throughout the year.

While waterfalls offer aesthetic appeal, a serene environment, and recreational opportunities, they also pose a range of significant hazards. Unfortunately, the visitors are often unable to identify these different types of risks, as site-specific safety information and proper warning signs are largely absent. In most locations, only general warnings are displayed, often limited to the number of past fatalities. This can lead visitors to assume that bathing is the sole hazard, which is not the case. Therefore, understanding the full range of waterfall-related risks and implementing appropriate safety measures is essential for preventing loss of life. This article highlights site-specific hazards to raise public awareness and prevent people from putting their lives at risk due to these hidden dangers.

Flash floods and resultant water surges

Flash floods are a significant hazard in hill-country waterfalls. According to the country’s topography, most of the streams originate from the catchments in the hilly areas upstream of the waterfalls. When these catchments receive intense rainfalls, the subsequent runoff will flow down as flash floods. This will lead to an unexpected rise in the flow of the waterfall, increasing the risk of drowning and even sweeping away people. Therefore, bathing at such locations is extremely dangerous, and those who are even at the river banks have to be vigilant and should stay away from the stream as much as possible. The Bopath Ella, Ravana Ella, and a few waterfalls located in the Belihul Oya area, closer to the A99 road, are classic examples of this scenario.

Water currents

The behaviour of water in the natural pool associated with the waterfall is complex and unpredictable. Although the water surface may appear calm, strong subsurface currents and hydraulic forces exist that even a skilled swimmer cannot overcome. Hence, a person who immerses confidently may get trapped inside and disappear. Water from a high fall accelerates rapidly, forming hydraulic jumps and vortices that can trap swimmers or cause panic. Hence, bathing in these natural pools should be totally avoided unless there is clear evidence that they are safe.

Slipping risks

Slipping is a common hazard around waterfalls. Sudden loss of footing can lead to serious injuries or fatal falls into deep pools or rock surfaces. The area around many waterfalls consists of steep, slippery rocks due to moisture and the growth of algae. Sometimes, people are overconfident and try to climb these rocks for the thrill of it and to get a better view of the area. Further, due to the presence of submerged rocks, water depths vary in the natural pool area, and there is a chance of sliding down along slippery rocks into deep water. Waterfalls such as Diyaluma, Bambarakanda, and Ravana Falls are likely locations for such hazards, and caution around these sites is a must.

Rockfalls

Rockfalls are a significant hazard around waterfalls in steep terrains. Falling rocks can cause serious injuries or fatalities, and smaller stones may also be carried by fast-flowing water. People bathing directly beneath waterfalls, especially smaller ones, are therefore exposed to a high risk of injury. Accordingly, regardless of the height of the waterfall, bathing under the falling water should be avoided.

Hypothermia and cold shock

Hypothermia is a drop in body temperature below 35°C due to cold exposure. This leads to mental confusion, slowed heartbeat, muscle stiffening, and even cardiac arrest may follow. Waterfalls in Nuwara Eliya district often have very low water temperatures. Hence, immersing oneself in these waters is dangerous, particularly for an extended period.

Human negligence

Additional hazards also arise from visitors’ own negligence. Overcrowding at popular waterfalls significantly increases the risk of accidents, including slips and falls from cliffs. Sometimes, visitors like to take adventurous photographs in dangerous positions. Reckless behavior, such as climbing over barriers, ignoring warning signs, or swimming in prohibited zones, amplifies the risk.

Mitigation and safety

measures

Mitigation of waterfall-related hazards requires a combination of public awareness, engineering solutions, and policy enforcement. Clear warning signs that indicate the specific hazards associated with the water fall, rather than general hazard warnings, must be fixed. Educating visitors verbally and distributing bills that include necessary guidelines at ticket counters, where applicable, will be worth considering. Furthermore, certain restrictions should vary depending on the circumstances, especially seasonal variation of water flow, existing weather, etc.

Physical barriers should be installed to prevent access to dangerous areas by fencing. A viewing platform can protect people from many hazards discussed above. For bathing purposes, safer zones can be demarcated with access facilities.

Installing an early warning system for heavily crowded waterfalls like Bopath Ella, which is prone to flash floods, is worth implementing. Through a proper mechanism, a warning system can alert visitors when the upstream area receives rainfall that may lead to flash floods in the stream.

At present, there are hardly any officials to monitor activities around waterfalls. The local authorities that issue tickets and collect revenue have to deploy field officers to these waterfalls sites for monitoring the activities of visitors. This will help reduce not only accidents but also activities that cause environmental pollution and damage. We must ensure that these natural treasures remain a source of wonder rather than danger.

(The writer is a chartered Civil Engineer specialising in water resources engineering)

By Eng. Thushara Dissanayake ✍️

Features

From sacred symbol to silent victim: Sri Lanka’s elephants in crisis

Published

1 day ago

2026/01/9

Thilina Walpola

The year 2025 began with grim news. On 1st January, a baby elephant was struck and killed by a train in Habarana, marking the start of a tragic series of elephant–train collisions that continued throughout the year. In addition to these incidents, the nation mourned the deaths of well-known elephants such as Bathiya and Kandalame Hedakaraya, among many others. As the year drew on, further distressing reports emerged, including the case of an injured elephant that was burnt with fire, an act of extreme cruelty that ultimately led to its death. By the end of the year, Sri Lanka recorded the highest number of elephant deaths in Asia.

This sorrowful reality stands in stark contrast to Sri Lanka’s ancient spiritual heritage. Around 250 BCE, at Mihintale, Arahant Mahinda delivered the Cūḷahatthipadopama Sutta (The Shorter Discourse on the Simile of the Elephant’s Footprint) to King Devanampiyatissa, marking the official introduction of Buddhism to the island. The elephant, a symbol deeply woven into this historic moment, was once associated with wisdom, restraint, and reverence.

Yet the recent association between Mihintale and elephants has been anything but noble. At Mihintale an elephant known as Ambabo, already suffering from a serious injury to his front limb due to human–elephant conflict (HEC), endured further cruelty when certain local individuals attempted to chase him away using flaming torches, burning him with fire. Despite the efforts of wildlife veterinary surgeons, Ambabo eventually succumbed to his injuries. The post-mortem report confirmed severe liver and kidney impairment, along with extensive trauma caused by the burns.

Was prevention possible?

The question that now arises is whether this tragedy could have been prevented.

To answer this, we must examine what went wrong.

When Ambabo first sustained an injury to his forelimb, he did receive veterinary treatment. However, after this initial care, no close or continuous monitoring was carried out. This lack of follow-up is extremely dangerous, especially when an injured elephant remains near human settlements. In such situations, some individuals may attempt to chase, harass, or further harm the animal, without regard for its condition.

A similar sequence of events occurred in the case of Bathiya. He was initially wounded by a trap gun—devices generally intended for poaching bush meat rather than targeting elephants. Following veterinary treatment, his condition showed signs of improvement. Tragically, while he was still recovering, he was shot a second time behind the ear. This second wound likely damaged vital nerves, including the vestibular nerve, which plays a critical role in balance, coordination of movement, gaze stabilisation, spatial orientation, navigation, and trunk control. In effect, the second shooting proved far more devastating than the first.

After Bathiya received his initial treatment, he was left without proper protection due to the absence of assigned wildlife rangers. This critical gap in supervision created the opportunity for the second attack. Only during the final stages of his suffering were the 15th Sri Lanka Artillery Regiment, the 9th Battalion of the Sri Lanka National Guard, and the local police deployed—an intervention that should have taken place much earlier.

Likewise, had Ambabo been properly monitored and protected after his injury, it is highly likely that his condition would not have deteriorated to such a tragic extent.

It should also be mentioned that when an injured animal like an elephant is injured, the animal will undergo a condition that is known as ‘capture myopathy’. It is a severe and often fatal condition that affects wild animals, particularly large mammals such as elephants, deer, antelope, and other ungulates. It is a stress-induced disease that occurs when an animal experiences extreme physical exertion, fear, or prolonged struggle during capture, restraint, transport, or pursuit by humans. The condition develops when intense stress causes a surge of stress hormones, leading to rapid muscle breakdown. This process releases large amounts of muscle proteins and toxins into the bloodstream, overwhelming vital organs such as the kidneys, heart, and liver. As a result, the animal may suffer from muscle degeneration, dehydration, metabolic acidosis, and organ failure. Clinical signs of capture myopathy include muscle stiffness, weakness, trembling, incoordination, abnormal posture, collapse, difficulty breathing, dark-coloured urine, and, in severe cases, sudden death. In elephants, the condition can also cause impaired trunk control, loss of balance, and an inability to stand for prolonged periods. Capture myopathy can appear within hours of a stressful event or may develop gradually over several days. So, if the sick animal is harassed like it happened to Ambabo, it does only make things worse. Unfortunately, once advanced symptoms appear, treatment is extremely difficult and survival rates are low, making prevention the most effective strategy.

What needs to be done?

Ambabo’s harassment was not an isolated incident; at times injured elephants have been subjected to similar treatment by local communities. When an injured elephant remains close to human settlements, it is essential that wildlife officers conduct regular and continuous monitoring. In fact, it should be made mandatory to closely observe elephants in critical condition for a period even after treatment has been administered—particularly when they remain in proximity to villages. This approach is comparable to admitting a critically ill patient to a hospital until recovery is assured.

At present, such sustained monitoring is difficult due to the severe shortage of staff in the Department of Wildlife Conservation. Addressing this requires urgent recruitment and capacity-building initiatives, although these solutions cannot be realised overnight. In the interim, it is vital to enlist the support of the country’s security forces. Their involvement is not merely supportive—it is essential for protecting both wildlife and people.

To mitigate HEC, a Presidential Committee comprising wildlife specialists developed a National Action Plan in 2020. The strategies outlined in this plan were selected for their proven effectiveness, adaptability across different regions and timeframes, and cost-efficiency. The process was inclusive, incorporating extensive consultations with the public and relevant authorities. If this Action Plan is fully implemented, it holds strong potential to significantly reduce HEC and prevent tragedies like the suffering endured by Ambabo. In return it will also benefit villagers living in those areas.

In conclusion, I would like to share the wise words of Arahant Mahinda to the king, which, by the way, apply to every human being:

O’ great king, the beasts that roam the forest and birds that fly the skies have the same right to this land as you. The land belongs to the people and to all other living things, and you are not its owner but only its guardian.

by Tharindu Muthukumarana ✍️
tharinduele@gmail.com
(Author of the award-winning book “The Life of Last Proboscideans: Elephants”)