Features
A trip to Italy and my father’s death in Australia
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.
Sri Lanka needs to take full stock of its current economic situation and use to the maximum the potential in its GSP+ facility for export sector growth. In the process, it should ensure that it cooperates fully with the European Union. The urgency of undertaking these responsibilities is underscored by the issues growing out of the recent US decision to sweepingly hike tariffs on its imports, though differentially.
These were principal ‘takes’ for participants in the Pathfinder Foundation’s Ambassadors’ Roundtable forum held on April 8th at the Colombo Club of the Taj Samudra. The main presenter at the event was Ms. Carmen Moreno Raymundo, Ambassador of the European Union to Sri Lanka and the Maldives. The forum was chaired by Ambassador Bernard Goonetilleke, Chairman, Pathfinder Foundation. The event brought together a cross-section of the local public, including the media.
Ms. Moreno drew attention to the fact Sri Lanka is at present severely under utilizing its GSP+ facility, which is the main means for Sri Lanka to enter the very vast EU market of 450 million people. In fact the EU has been Sri Lanka’s biggest trading partner. In 2023, for instance, total trade between the partners stood at Euros 3.84 billion. There is no greater market but the EU region for Sri Lanka.
‘However, only Sri Lanka’s apparel sector has seen considerable growth over the years. It is the only export sector in Sri Lanka which could be said to be fully developed. However, wider ranging export growth is possible provided Sri Lanka exploits to the fullest the opportunities presented by GSP+.’
Moreno added, among other things: ‘Sri Lanka is one among only eight countries that have been granted the EU’s GSP+ facility. The wide-ranging export possibilities opened by the facility are waiting to be utilized. In the process, the country needs to participate in world trade in a dynamic way. It cannot opt for a closed economy. As long as economic vibrancy remains unachieved, Sri Lanka cannot enter into world trading arrangements from a strong position. Among other things, Sri Lanka must access the tools that will enable it to spot and make full use of export opportunities.
‘Sri Lanka must facilitate the private sector in a major way and make it possible for foreign investors to enter the local economy with no hassle and compete for local business opportunities unfettered. At present, Lanka lacks the relevant legal framework to make all this happen satisfactorily.
‘Sri Lanka cannot opt for what could be seen as opaque arrangements with bilateral economic partners. Transparency must be made to prevail in its dealings with investors and other relevant quarters. It’s the public good that must be ensured. The EU would like to see the local economy further opening up for foreign investment.
‘However, it is important that Sri Lanka cooperates with the EU in the latter’s efforts to bring about beneficial outcomes for Sri Lankans. Cooperation could be ensured by Sri Lanka fully abiding by the EU conditions that are attendant on the granting of GSP+. There are, for example, a number of commitments and international conventions that Sri Lanka signed up to and had promised to implement on its receipt of GSP+ which have hitherto not been complied with. Some of these relate to human rights and labour regulations.
‘Successive governments have pledged to implement these conventions but thus far nothing has happened by way of compliance. GSP+ must be seen as an opportunity and not a threat and by complying with EU conditions the best fruits could be reaped from GSP+. It is relevant to remember that GSP+ was granted to Sri Lanka in 2005. It was suspended five years later and restored in 2017.
‘The importance of compliance with EU conditions is greatly enhanced at present in view of the fact that Sri Lanka is currently being monitored by the EU with regard to compliance ahead of extending GSP+ next year. A report on Sri Lanka is due next year wherein the country’s performance with regard to cooperating with the EU would be assessed. The continuation of the facility depends on the degree of cooperation.
‘A few statistics would bear out the importance of Sri Lanka’s partnership with the EU. For example, under the facility Sri Lanka benefits from duty free access in over 66% of EU tariff lines. The highest number of tourist arrivals in Sri Lanka in 2023 was from the EU’s 27 member states. Likewise, the EU’s 27 member states rank second in the origin of inflows of foreign exchange to Sri Lanka; with Italy, France and Germany figuring as the main countries of origin. Eighty five percent of Sri Lanka’s exports to the EU market benefits from GSP+. Thus, the stakes for the country are high.’
Meanwhile, President, In-house Counsel & Legal Advisor, The European Chamber of Commerce of Sri Lanka, John Wilson said: ‘GSP+ should be seen as not only an opportunity but also as a necessity by Sri Lanka in the current international economic climate. ‘Implementation of local laws is what is needed. Considering the pressures growing out of the US imposed new tariff regime, a good dialogue with the EU is needed.
‘Sri Lanka’s level of business readiness must be upped. Among the imperatives are: An electronic procurement process, Customs reforms, a ‘National Single Window’, stepped-up access to land by investors, for example, a clear policy framework on PPPs and reform of the work permits system.’
It ought to be plain to see from the foregoing that Sri Lanka cannot afford to lose the GSP+ facility if it is stepped-up economic growth that is aimed at. It would be in Sri Lanka’s best interests to remain linked with the EU, considering the aggravated material hardships that could come in the wake of the imposition of the US’ new tariff regime. Sri Lanka would need to remain in a dialogue process with the EU, voice its reservations on matters growing out of GSP+, if any, iron out differences and ensure that its national interest is secured.
Chit-Chat
Chiara Tissera
Mrs. Queen of the World Sri Lanka 2024, Chiara Tissera, leaves for the finals, in the USA, next month
I had a very interesting chat with her and this is how it all went:
1. How would you describe yourself?
I am a sensitive and passionate individual who deeply cares about the things that matter most to me. I approach life with a heart full of enthusiasm and a desire to make meaningful connections.
2. If you could change one thing about yourself, what would it be?
Actually, I wouldn’t change a thing about myself because the person I am today, both inside and out, is the result of everything I’ve experienced. Every part of me has shaped who I am, so I embrace both my strengths and imperfections as they make me uniquely me.
3. If you could change one thing about your family, what would it be?
If there’s one thing I could change about my family, it would be having my father back with us. Losing him six years ago left a void that can never be filled, but his memory continues to guide and inspire us every day.
4. School?
I went to St. Jude’s College, Kurana, and I’m really proud to say that the lessons I gained during my time there have shaped who I am today. My school and teachers instilled in me values of hard work, perseverance and the importance of community, and I carry those lessons with me every day. I was a senior prefect and was selected the Deputy Head Prefect of our college during my tenure.
5. Happiest moment?
The happiest moment of my life so far has been winning the Mrs. Sri Lanka 2024 for Queen of the World. It was a dream come true and a truly unforgettable experience, one that fills me with pride and gratitude every time I reflect on it.
6. What is your idea of perfect happiness?
Happiness is a deeply personal and multifaceted feeling that often comes from a sense of contentment, fulfillment and well-being. For me, perfect happiness is in moments of joy, peace and accomplishments … and also being surrounded by my loved ones.
7. Are you religious?
Yes, I’m a very religious person. And I’m a firm believer in God. My faith guides me through life, providing strength, dedication and a sense of peace in every situation. I live by the quote, ‘Do your best, and God will do the rest.’
8. Are you superstitious?
I’m not superstitious. I believe in making my own decisions and relying on logic and faith rather than following superstitions.
9. Your ideal guy?
My ideal guy is my husband. He is compassionate, understanding and is always there to support me, no matter what. He’s my rock and my best friend – truly everything I could ever want in a partner.
10. Which living person do you most admire?
The living person I admire the most is definitely my mummy. Her strength, love and unwavering support has shaped me into who I am today. She is my role model and she inspires me every day with her wisdom and kindness.
11. Your most treasured possession?
My most treasured possession is my family. They are the heart of my life, providing me with love, support and strength. Their presence is my greatest blessing.
12. If you were marooned on a desert island, who would you like as your companion?
I would like to have my spouse as my companion. Together, we could make the best of the situation, supporting each other, sharing moments of laughter and finding creative ways to survive and thrive.
13. Your most embarrassing moment?
There’s quite a few, for sure, but nothing is really coming to mind right now.
14. Done anything daring?
Yes, stepping out of my comfort zone and taking part in a pageant. I had no experience and was nervous about putting myself out there, but I decided to challenge myself and go for it. It pushed me to grow in so many ways—learning to embrace confidence, handle pressure, and appreciate my own uniqueness. The experience not only boosted my self-esteem but also taught me the value of taking risks and embracing new opportunities, even when they feel intimidating.”
15. Your ideal vacation?
It would be to Paris. The city has such a magical vibe and, of course, exploring the magical Eiffel Tower is in my bucket list. Especially the city being a mix of history culture and modern life in a way that feels timeless, I find it to be the ideal vacation spot for me.
16. What kind of music are you into?
I love romantic songs. I’m drawn to its emotional depth and the way they express love, longing a connection. Whether it’s a slow ballad, a classic love song or a more modern romantic tune these songs speak to my heart.
17. Favourite radio station?
I don’t have a specific radio station that I like, but I tend to enjoy a variety of stations, depending on my mood. Sometimes I’ll tune into one for a mix of popular hits, other times I might go for something more relaxing, or a station with a certain vibe. So I just like to keep it flexible and switch it up.
18. Favourite TV station?
I hardly find the time to sit down and watch TV. But, whenever I do find a little spare time, I tend to do some spontaneous binge – watching, catching whatever interesting show is on at that moment.
19 What would you like to be born as in your next life?
Mmmm, I’ve actually not thought about it, but I’d love to be born as someone who gets to explore the world freely – perhaps a bird soaring across continents.
20. Any major plans for the future?
Let’s say preparing and participating in the international pageant happening in the USA this May. It’s an exciting opportunity to represent myself and my country on a global stage. Alongside this, I am dedicated to continuing my social service work as a title holder, striving to make a meaningful difference in the lives of others through my platform.
The formation of wrinkles and fine lines is part of our ageing process. However, if these wrinkles negatively impact appearance, making one look older than they actually are, then trying out some homemade remedies, I’ve listed for you, this week, may help in giving your skin a fresher look.
* Banana:
Bananas are considered to be our skin’s best friend. They contain natural oils and vitamins that work very perfectly to boost our skin health. Skincare experts recommend applying the banana paste to the skin.
Take a ripe banana and mash a quarter of it until it becomes a smooth paste. Apply a thin layer of the banana paste on your skin and allow it to sit for 15 to 20 minutes before washing it off with warm water.
* Olive Oil:
Olive oil works as a great skin protector and many types of research suggest that even consuming olive oil may protect the skin from developing more wrinkles. Olive oil contains compounds that can increase the skin’s collagen levels. Yes, olive oil can be used as a dressing on your salads, or other food, if you want to consume it, otherwise, you can apply a thin layer of olive oil on your face, neck and hands and let it stay overnight.
* Ginger:
Ginger serves to be a brilliant anti-wrinkle remedy because of the high content of antioxidants in it. Ginger helps in breaking down elastin, which is one of the main reasons for wrinkles. You can have ginger tea or grate ginger and have it with honey, on a regular basis.
* Aloe Vera:
The malic acid present in Aloe Vera helps in improving your skin’s elasticity, which helps in reducing your wrinkles. Apply the gel once you extract it from the plant, and leave it on for 15-20 minutes. You can wash it off with warm water.
* Lemons:
Lemons contain citric acid, which is a strong exfoliant that can help you get rid of your dead skin cells and wrinkles. Also, as an astringent and a cleansing agent, it helps to fade your wrinkles and fine lines. You can gently rub a lemon slice in your wrinkled skin and leave it on for 10-15 minutes. Rinse afterwards and repeat this process two to three times a day.
* Coconut Oil:
Coconut oil contains essential fatty acid that moisturises the skin and helps to retain its elasticity. You can directly apply the coconut oil, and leave it overnight, after gently massaging it, for the best results.
Sun directly overhead Hatthikuchchi, Kalankuttiya, Halmillewa, Ipalogama, Palugaswewa and Habarana at about 12:11 noon. today [10]
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