Features
Dining at the Victorian Bar and some racist encounters
Excerpted from A Life In The Law
by Nimal Wikramanayake
When I joined the Victorian Bar I wasn’t quite sure whether to attend the Annual Victorian Bar dinners. I thought that they might be the same rowdy affairs as they were in Ceylon. I had not attended the Bar dinner for 40 years until I received a wonderful invitation from that gracious lady, Melanie Sloss, then Chairperson of the Victorian Bar Council, and now a Supreme Court judge.
As I mentioned earlier, late in 1975 a number of us decided to leave the Calnin list and form a new list, the Duncan list. Dick McGarvie QC was our new chairman and Leo Lazarus QC was the vice-chairman. Dick decided to have a dinner so that he could meet and become acquainted the members of his new list.
The dinner was held, as far as I can recollect, in February 1976. Considerable quantities of alcohol were consumed by the new members before and during dinner. After dinner Dick McGarvie got up to speak. There were a number of inebriated rowdy barristers at this dinner. Several of them started shouting and bellowing “shut up” and “sit down” and made rude comments which I will not reproduce here.
With considerable aplomb, Dick stretched his hands out and said, “Gentlemen, please, no applause. Please no applause. You can applaud my speech when I finish.” This statement was greeted with roars of laughter and Dick went on with his speech uninterrupted. Afterwards he walked around and introduced himself to all the members of the new list. He walked up to my friend John Bolton and said, “My name is McGarvie.”
Bolton replied, “Arsehole, I’m not interested in your surname, what the fuck’s your Christian name?”
This story does not end there, for a month later Dick McGarvie was appointed to the Supreme Court. And who do you think appeared in the first case before Dick McGarvie? Bolton! Fortunately for Bolton, Dick McGarvie was a wonderful gentleman and he was extremely cordial to Bolton when he appeared before him.
Dick was no pushover. I remember one day appearing before him in the Practice Court when a young barrister turned up at 10.45 am to find that his case had been dismissed for non-appearance. He apologized to Dick and told him that he was sorry he was late but his watch was slow. Dick looked at him and asked, “What is the time on your watch now?” The young barrister went red in the face and started stammering. Dick told him never again to try to pull that chestnut on him.
The years rolled by and in 1982, although I had been at the Bar only ten years, I was appointed chairman of the Wayne Duncan list. We decided to have our annual dinner at a restaurant in Queen’s Road, which had formerly been a large family home. The meal was excellent, the speeches were good and we all had a good time. But, as usual, after the dinner, things began to deteriorate considerably. I was chatting with a few of my friends when someone came running up and told me that there was a disturbance between two barristers. Again, you must pardon me if I provide you with their names, for a good story is useless without names attached to it.
I was called to the disturbance to see a flaming row going on between the late Peter Jones and Betty King. I hope Betty will pardon me, as she has now retired as judge of the Supreme Court. Betty was sobbing and crying at the time. When I asked her what happened she told me that Peter Jones had flung her expensive shoes out of the hotel dining room and into the car park. It transpired that while Betty and Peter were having a dreadful row, Betty had pulled off one of her shoes to hit Peter with it. Peter promptly picked her shoe up and threw it out of the restaurant window, at which Betty pulled off the other shoe and tried to hit him; it suffered the same fate.
Several of us then went into the car park and spent about twenty minutes until we finally found Betty’s shoes. ‘thus list dinners in Victoria may sometimes, and I emphasize sometimes, be as bad as the Voet Lights dinners in Ceylon.
But don’t get me wrong, I had some very good times and some very interesting times at the list dinners. If one were to listen to the news every day, there is no good news reported on, because good news is not newsworthy. People would turn their television or radio sets off if they saw or heard about a couple walking happily through the Flagstaff Gardens. This is something I did regularly in my early years at the Bar with my two dear friends, Clive Rosen and Tony Lopes. In summer we would walk to the gardens and sit down to eat our sandwiches. But this is not newsworthy. It is thoroughly boring.
In 1982, my friend David Levin informed me that a young lad had arrived from England and wanted to join the Victorian Bar. He asked me if I could have him as a reader. His name was Richard Phillips and had been at the English Bar for a year. Richard’s period off reading with me was uneventful, save for one interesting incident. He would keep calling me “Nimal” as in “Malcolm’: I kept telling him that my name was “Nimull” as in “Mull” of Kintyre. I told him that “Nimal” a was Sanskrit word, and that Sanskrit was the mother of most European languages, coming from Mohenjo Daro in Central Asia over 5,000 years ago.
Richard looked at me, grinned and told me that I did not look 5,000 years old. Sadly, Richard Phillips died last year in the prime of his life. I expected my reader to bury me; I did not expect to have to bury him.
In September 1986, my second young man, Grant Holley, came to read with me. Life with my new reader was uneventful, save that when I moved rooms early in 1987, he moved all my law books by carrying about fifteen books at a time in his arms. He was and still is a delightful gent.
Racism at the Victorian Bar
Racism is an interesting topic and is usually spoken about in this country in hushed tones. However it has suddenly reared its ugly head in this wonderful country of ours. And thank God for that.According to some Queensland senators in the National Party, it would appear to be non-existent in Australia. Some Australians will never admit that they are racist, and racism is unfortunately swept under the carpet. In 2004, a neighbour of mine on the ninth floor of Owen Dixon Chambers West told me that he finds it quite distressing when he goes to see his parents-in-law. They are both bigoted and racist, and often talk in disparaging tones about migrants, whether black, brown, yellow or white.
A human being’s unusual physical features, be it a man or a woman, can always be the subject of derision. A fat man, a shortsighted woman, a boss-eyed person, a hunchback are all the subject of twisted humour by their more fortunate peers. Colour has always been brought into this equation. Does the fact that one person has peculiar physical features make the other person without these characteristics a better or superior person? Is a person with dark skin inferior to a person with white skin?
John Howard said Australians are not racist. I beg to disagree. A fair number of Australians are racist although a large number aren’t. It reminds me of an incident that occurred in the late 1940s in Ceylon. We had all gone to see and hear the famous Methodist preacher, Dr Leslie Weatherhead, speaking. After he finished his talk he called for questions. A friend of mine who fancied himself a humourist got up and asked Dr Weatherhead, “Can Christians dance?” It was a poorly phrased question and Dr Weatherhead came back quickly with this answer: “Some can, some can’t:’ My friend disappeared from the hall quite sheepishly, followed by loud applause.
The Australian male often delights in denigrating a man or woman with a darker complexion. His humour is both callous and insensitive, and he may not be aware of the hurt he is causing because he thinks his remarks are funny. Some white members of parliament who have not been the subject of racial innuendo want to amend the Racial Discrimination Act so that I can be called a “nig-nog” without any adverse repercussions. Fortunately I have had only a few bad experiences of racism at the Victorian Bar during a career of over 40 years, but these experiences are more than enough.
My friend Tony Lopes, who unfortunately has now left the Bar, had a room on the seventh floor of Owen Dixon Chambers in the 1970s. I would often go up to his room to talk to him or he would come down to my room on the third floor to visit me. On the seventh floor there was a barrister who was known as “Fascist Bob” because of his foul mouth. Whenever I went up to see Tony Lopes, Fascist Bob would say, “Hello, blackie!” This was the normal way in which he greeted me. I could never fathom why he greeted me like this. I did not pay much attention to it as it was just a fleeting greeting and I rarely saw him.
However, in 1982 Fascist Bob got a room on the third floor where I had my chambers. Shortly after he arrived on my floor, I was coming out of the lavatory when I met Fascist Bob. He said, “Hello, blackie’
I was angry and I knew that I had to nip this behaviour in the bud. I said, “Good God, if you are the epitome of the white Anglo-Saxon race, God help your race, because you are an ugly-looking bastard. In fact, I am much better looking than you,” and I walked away.
A few days later we met again in the lavatory and Fascist Bob opened the batting by repeating, “Hello, blackie.”
I replied, “You’re the sort of skunk who, if he saw a hunchback, boss-eyed girl, would say, ‘Jesus Christ, what an ugly-looking bitch you are:”
Fascist Bob said, “What’s that got to do with the price of fish?” I retorted, “What has my colour got to do with the price of fish?” and walked off.
A few days later we again met in the lavatory. This would appear to be our only meeting place. And he began by saying, “Hello blackie:’
I was very angry and told him I was getting pretty fed up with this and to stop it at once. All this occurred, I believe, in the year 1984 when Owen Dixon Chambers West had just been completed.
Early in 1984 a room had been advertised for viewing by members of the Bar who wished to take rooms in Owen Dixon Chambers West. A number of us on the third floor decided to go over and have a look at these rooms.
They were Maurice Phipps, now a Federal Court magistrate, John Coleman of counsel and his secretary Judy as well as another secretary, and a lady barrister, Rose Weinberg, the wife of Justice Weinberg, formerly of the Court of Appeal. I also went up to see this room. There was insufficient bookshelf space and I remarked to the person who was showing us around, “There aren’t many bookshelves in this room”
Just then Fascist Bob walked in and said, “A black bastard like you with no brains, what do you need bookshelves for?”
I was livid and just exploded. Maurice Phipps and John Coleman had to escort me out of the room. I wonder whether Phipps and Coleman remember this incident as it happened over 35 years ago. Unfortunately, Robert Johnstone is dead and cannot contradict my version of the events.
After this encounter, whenever Fascist Bob tried to talk to me I would stop, look him up and down, insult him and walk away. Maurice Phipps should remember this because he was in the room opposite me and spent a considerable amount of time trying to pacify me and get me to make up with Fascist Bob. I steadfastly refused to do this for over a year. Instead, I would make it a point to insult him. He never called me “blackie” again. I remember John Coleman also trying to patch up this quarrel.
I experienced several nasty incidents of racism with ‘ABC” He came to the Bar in the early 1970s and considered himself to be eccentric. I met him one day near the lift in Owen Dixon Chambers and he suddenly blurted out, “Hello Sambo, down from your tree?” I was completely shattered by this unnecessary and unseemly remark. I quickly left the foyer. I met him a few days later again in chambers, and we were walking towards each other when he repeated his remark: “Hello Sambo, down from your tree?”
I said, “ABC, I came down from my tree 5,000 years before you did. For if you remember your history, Mohenjo Daro in Central Asia is the cradle of civilisation.” I walked away in disgust.A few days later I went up to the coffee bar on the 13th floor to get myself a cup of coffee. There was a long table adjacent to the coffee bar and seated at it were a number of barristers. I remember three of them – Robert Richter, Boris Kayser and, of course, our young hero, ABC. ABC shouted out, “Hello Sambo!”
I had had enough and walked up to him. “What did you say?” He began to reply when Robert Richter told him, “ABC, look, you had no business talking to Nimal like that’
This incident happened over 40 years ago; I wonder whether either Robert or Boris remembers it. I pulled a chair up to their table and sat down, looked ABC in the eye and asked, “How old are you?”I believe he replied “Twenty-four.” I then proceeded to dress him down in language which cannot be repeated here. The incident cannot be denied.
As I was putting these incidents with ABC in writing, I decided to investigate this matter further. I telephoned Robert Richter and discussed this incident. Robert had a clear recollection of the incident. However he told me that unfortunate as this incident was, ABC had a warped sense of humour and a bad mouth. This was ABC at his worst. He thought he was being funny. Robert told me that he had cautioned him on numerous occasions about his bad mouth. He told me that ABC did not have a racist bone in his body. He was a strong supporter of Aboriginal rights and had been for many, many years. Why then did he have to hurt me?
I was invited to an exhibition of paintings on the thirteenth floor in 1982. I took my wife, Anna Maria, along with me and we walked into the exhibition. Who do you think we saw? It was our hero wearing a Singapore rickshaw coolie’s long blue shirt. I burst out laughing when I saw him and I told Anna Maria, “Look who’s here? It’s that racist shit, ABC.”
Features
Another Christmas, Another Disaster, Another Recovery Mountain to Climb
The 2004 Asian Tsunami erupted the day after Christmas. Like the Boxing Day Test Match in Brisbane, it was a boxing day bolt for Indonesia, Thailand, Sri Lanka, India and Maldives. Twenty one years later, in 2025, multiple Asian cyclones hit almost all the old victims and added a few more, including Malayasia, Vietnam and Cambodia. Indonesia and Sri Lanka were hit hard both times. Unlike the 2004 Tsunami, the 2025 cyclones made landfalls weeks before Christmas, during the Christian Season of Advent, the four-week period before Christmas preparing for the arrival of the Messiah. An ominously adventus manifestation of the nature’s fury.
Yet it was not the “day of wrath and doom impending … heaven and earth in ashes ending” – heavenly punishment for government lying, as an opposition politician ignorantly asserted. By that token, the gods must have opted to punish half a dozen other Asian countries for the NPP government’s lying in Sri Lanka. Or all those governments have been caught lying. Everyone is caught and punished for lying, except the world’s Commander in Chief for lying – Donald J. Trump. But as of late and none too sooner, President Trump is getting his punishment in spades. Who would have thought?
In fairness, even the Catholic Church has banished its old hymn of wrath (Dies irae, dies illa) that used to be sung at funerals from its current Missals; and it has on offer, many other hymns of peace and joy, especially befitting the Christmas season. Although this year’s Christmas comes after weeks of havoc caused by cyclonic storms and torrential rains, the spirit of the season, both in its religious and secular senses, will hopefully provide some solace for those still suffering and some optimism to everyone who is trying to uplift the country from its overflowing waterways and sliding slopes.
As the scale of devastation goes, no natural disaster likely will surpass the human fatalities that the 2004 Tsunami caused. But the spread and scale of this year’s cyclone destruction, especially the destruction of the island’s land-forms and its infrastructure assets, are, in my view, quite unprecedented. The scale of the disaster would finally seem to have sunk into the nation’s political skulls after a few weeks of cacophonic howlers – asking who knew and did what and when. The quest for instant solutions and the insistence that the government should somehow find them immediately are no longer as vehement and voluble as they were when they first emerged.
NBRO and Landslides
But there is understandable frustration and even fear all around, including among government ministers. To wit, the reported frustration of Agriculture Minister K.D. Lalkantha at the alleged inability of the National Building Research Organization (NBRO) to provide more specific directions in landslide warnings instead of issuing blanket ‘Level 3 Red Alerts’ covering whole administrative divisions in the Central Province, especially in the Kandy District. “We can’t relocate all 20 divisional secretariats” in the Kandy District, the Minister told the media a few weeks ago. His frustration is understandable, but expecting NBRO to provide political leaders with precise locations and certainty of landslides or no landslides is a tall ask and the task is fraught with many challenges.
In fairness to NBRO and its Engineers, their competence and their responses to the current calamity have been very impressive. It is not the fault of the NBRO that local disasters could not be prevented, and people could not be warned sufficiently in advance to evacuate and avoid being at the epicentre of landslides. The intensity of landslides this year is really a function of the intensity and persistence of rainfall this season, for the occurrence of landslides in Sri Lanka is very directly co-related to the amount of rainfall. The rainfall during this disaster season has been simply relentless.
Evacuation, the ready remedy, is easier said than socially and politically done. Minister Lal Kantha was exasperated at the prospect of evacuating whole divisional secretariats. This was after multiple landslides and the tragedies and disasters they caused. Imagine anybody seriously listening to NBRO’s pleas or warnings to evacuate before any drop of rainwater has fallen, not to mention a single landslide. Ignoring weather warnings is not peculiar to Sri Lanka, but a universal trait of social inertia.
I just lauded NBRO’s competence and expertise. That is because of the excellent database the NBRO professionals have compiled, delineating landslide zones and demarcating them based on their vulnerability for slope failure. They have also identified the main factors causing landslides, undertaken slope stabilization measures where feasible, and developed preventative and mitigative measures to deal with landslide occurrences.
The NBRO has been around since the 1980s, when its pioneers supplemented the work of Prof. Thurairajah at Peradeniya E’Fac in studying the Hantana hill slopes where the NHDA was undertaking a large housing scheme. As someone who was involved in the Hantana project, I have often thought that the initiation of the NBRO could be deemed one of the positive legacies of then Housing Ministry Secretary R. Paskaralingam.
Be that as it may, the NBRO it has been tracking and analyzing landslides in Sri Lanka for nearly three decades, and would seem to have come of age in landslides expertise with its work following 2016 Aranayake Landslide Disaster in the Kegalle District. Technically, the Aranayake disaster is a remarkable phenomenon and it is known as a “rain-induced rapid long-travelling landslide” (RRLL). In Kegalle the 2016 RRLL carried “a fluidized landslide mass over a distance of 2 km” and caused the death of 125 people. International technical collaboration following the disaster produced significant research work and the start of a five-year research project (from 2020) in partnership with the International Consortium on Landslides (ICL). The main purpose of the project is to improve on the early warning systems that NBRO has been developing and using since 2007.
Sri Lankan landslides are rain induced and occur in hilly and mountainous areas where there is rapid weathering of rock into surface soil deposits. Landslide locations are invariably in the wet zone of the country, in 13 districts, in six provinces (viz., the Central, Sabaragamuwa, Uva, Northwestern, Western and Southern, provinces). The Figure below (from NBRO’s literature) shows the number of landslides and fatalities every year between 2003 and 2021.
Based on the graphics shown, there would have been about 5,000 landslides and slope failures with nearly 1,000 deaths over 19 years between 2003 and 2021. Every year there was some landslide or slope failure activity. One notable feature is that there have been more deaths with fewer landslides and vice-versa in particular years. In 2018, there were no deaths when the highest number (1,250) of landslides and slope failures occurred that year. Although the largest number in an year, the landslides in 2018 could have been minor and occurred in unpopulated areas. The reasons for more deaths in, say, 2016 (150) or 2017 (250+), could be their location, population density and the severity of specific landslides.
NBRO’s landslide early warning system is based on three components: (1) Predicting rainfall intensity and monitoring water pressure build up in landslide areas; (2) Monitoring and observing signs of soil movement and slope instability in vulnerable areas; and (3) Communicating landslide risk level and appropriate warning to civil authorities and the local public. The general warnings to Watch (Yellow), be Alert (Brown), or Evacuate (Red) are respectively based on the anticipated rainfall intensities, viz., 75 mm/day, 100 mm/day; and 150 mm/day or 100 mm/hr. My understanding is that over the years, NBRO has established its local presence in vulnerable areas to better communicate with the local population the risk levels and timely action.
Besides Landslides
This year, the rain has been relentless with short-term intensities often exceeding the once per 100-year rainfall. This is now a fact of life in the era of climate change. Added to this was cyclone Ditwah and its unique meteorology and trajectory – from south to north rather than northeast to southwest. The cyclone started with a disturbance southwest of Sri Lanka in the Arabian Sea, traversed around the southern coast from west to east to southeast in the Bay of Bengal, and then cut a wide swath from south to north through the entire easterly half of the island. The origin and the trajectory of the cyclone are also attributed to climate change and changes in the Arabian Sea. The upshot again is unpredictability.
Besides landslides, the rainfall this season has inundated and impacted practically every watershed in the country, literally sweeping away roads, bridges, tanks, canals, and small dams in their hundreds or several hundreds. The longitudinal sinking of the Colombo-Kandy Road in the Kadugannawa area seems quite unparalleled and this may not be the only location that such a shearing may have occurred. The damages are so extensive and it is beyond Sri Lanka’s capacity, and the single-term capacity of any government, to undertake systematic rebuilding of the damaged and washed-off infrastructure.
The government has its work cutout at least in three areas of immediate restoration and long term prevention. On landslides warning, it would seem NBRO has the technical capacity to do what it needs to do, and what seems to be missing is a system of multi-pronged and continuous engagement between the technical experts, on the one hand, and the political and administrative powers as well as local population and institutions, on the other. Such an arrangement is warranted because the landslide problem is severe, significant and it not going to go away now or ever.
Such an engagement will also provide for the technical awareness of the problem, its mitigation and the prevention of serious fallouts. A restructuring could start from the assignment of ministerial responsibilities, and giving NBRO experts constant presence at the highest level of decision making. The engagement should extend down the pyramid to involve every level of administration, including schools and civil society organizations at the local level.
As for external resources, several Asian countries, with India being the closest, are already engaged in multiple ways. It is up to the government to co-ordinate and deploy these friendly resources for maximum results. Sri Lanka is already teamed with India for meteorological monitoring and forecasting, and with Japan for landslide research and studies. These collaborations will obviously continue but they should be focused to fill gaps in climate predictions, and to enhance local level monitoring and prevention of landslides.
To deal with the restoration of the damaged infrastructure in multiple watershed areas, the government may want to revisit the Accelerated Mahaweli Scheme for an approach to deal with the current crisis. The genesis and implementation of that scheme involved as many flaws as it produced benefits, but what might be relevant here is to approach the different countries who were involved in funding and building the different Mahaweli headworks and downstream projects. Australia, Britain, Canada, China, Italy, Japan, Sweden and Germany are some of the countries that were involved in the old Mahaweli projects. They could be approached for technical and financial assistance to restore the damaged infrastructure pieces in the respective watershed areas where these countries were involved.
by Rajan Philips ✍️
Features
Feeling sad and blue?
Here is what you can do!
Comedy and the ability to have a good laugh are what keep us sane. The good news to announce is that there are many British and American comedy shows posted up and available on the internet.
They will bring a few hours of welcome relief from our present doldrums.
Firstly, and in a class of its own, are the many Benny Hill shows. Benny is a British comedian who comes from a circus family, and was brought up in an atmosphere of circus clowning. Each show is carefully polished and rehearsed to get the comedy across and understood successfully. These clips have the most beautiful stage props and settings with suitable, amusing costumes. This is really good comedy for the mature, older viewer.
Benny Hill has produced shows that are “Master-Class” in quality adult entertainment. All his shows are good.
Then comes the “Not the Nine o’clock news” with Rowan Atkinson and his comedy team producing good entertainment suitable for all.
And then comes the “Two Ronnies” – Ronnie Barker and Ronnie Corbett, with their dry sense of humour and wit. Search and you will find other uplifting shows such as Dave Allen, with his monologues and humour.
All these shows have been broadcast in Britain over the last 50 years and are well worth viewing on the Internet.
Similarly, in The USA of America. There are some really great entertainment shows. And never forget Fats Waller in the film “Stormy Weather,” where he was the pianist in the unforgettable, epic, comedy song “Ain’t Misbehavin”. And then there is “Bewitched” with young and glamorous Samantha Stevens and her mother, Endora who can perform magic. It is amazing entertainment! This show, although from the 1970s was a milestone in US light entertainment, along with many more.
And do not overlook Charlie Chaplin and Laurel and Hardy, and all the Disney films. Donald Duck gives us a great wealth of simple comedy.
The US offers you a mountain of comedy and good humour on Youtube. All these shows await you, just by accessing the Internet! The internet channel, ‘You tube’ itself, comes from America! The Americans reach out to you with good, happy things right into your own living room!
Those few people with the ability to understand English have the key to a great- great storehouse of uplifting humour and entertainment. They are rich indeed!
by Priyantha Hettige
Features
Lalith A’s main enemy was lack of time and he battled it persistently
Presidential Mobile Service at Matara amid JVP terror
Like most Ministers, Mr. Athulathmudali over programmed himself. In this respect his was an extreme case. He was an early riser and after his morning walk and the usual routines of a morning, was ready for business by 6.30 a.m. In fact he once shocked an IMF delegation by fixing the appointment with it at this hour. The delegation had to be persuaded that they had heard right, and that the appointment was indeed for 6.30 a.m. and not 6.30 p.m. This desire to get through much as possible during a day inevitably led to certain imbalances. Certain matters which needed more time did not get that time, whilst at the level of officials, we felt that we needed more time with him, and quality time at that.
I had spoken to him several times on this subject. He always had good intentions and wanted to give us more time. But with his political, social and even intellectual responsibilities in regard to speaking engagements of a highly professional nature, it was not often possible to find this time. This situation was highlighted in a comic way, when one day on hearing that the minister had arrived in office for a short time, I grabbed some important papers which I wanted to discuss with him, and made for his room. When I entered, I found three officers, with files in their hands milling outside the door of the washroom. The minister was inside.
I suggested that we might as well form a queue outside the door, a queue which I also joined. An official who came after me also joined the queue. When the minister opened the door, to his great astonishment, and then to his amusement, he found five senior officials, including his Secretary lined up outside the bathroom door! It was funny and we made it funny. But the underlying intentions were quite serious, and we wanted to send him a message that we wanted more time with him. We had to however grab moments such as these in order to keep the flow of work going.One day he good humouredly said, “You all swamp me as I come in,” to which I lightly replied “As a distinguished lawyer you should know that possession is nine-tenths of the law, and now we are in possession of both your room and your attention.” Mr. Athulathmudali chuckled.
An important requirement under Mr. Athulathmudali was a report that had to be submitted to him if any official under his Ministry went abroad on official business. The report had to be reasonably brief, more analytical than descriptive and wherever possible or relevant contain specific recommendations in regard to the betterment of the officer’s area of work. Since the Ministry was quite large, a considerable number of officials went abroad for seminars, study tours, research collaboration, conferences, negotiations and so on. There were, therefore a significant number of reports coming to him. Many of these he read, and on some, he commented or asked questions or sought clarifications. What amazed us was how he found the time. His main enemy was time and he battled it with persistence and determination. Most of us were also in a similar position, and in this, his powerful example was a source of encouragement.
Duties not quite pleasant
As mentioned in several places in these memoirs, a senior public servant’s or a Secretary’s job is not always a pleasant one. At the level of the hierarchy of officials the buck stops with you. Thereafter, when necessary, battling the minister becomes your business. I used to insist to my officials that I needed a good brief. I was not prepared to go and start an argument with a minister unless I was in possession of the full facts. Interpretation was my business. But I needed verifiable facts and authentic figures. Officers who worked with me were soon trained to comply with these requirements. After that was done, if there was any flak, it was my business to take it upon myself. On one such occasion, I had to speak rather firmly to the acting Minister, Mr. G.M. Premachandra. He was young, energetic and even aggressive and was somewhat of a “stormy petrel.” He was an effective speaker in the Sinhala e and could be a formidable debater.
When he became State Minister for Food, he took it upon himself to probe everything. He started getting involved in administrative matters, the implications of which he did not understand, and the details of which he had no time for. During the course of these he not only started criticizing officials liberally, but also employed innuendo to suggest that they were corrupt. When interested parties got to know this, they fed him with halftruths and sometimes plain lies. This naturally confirmed the suspicions in his own mind. He blindly felt around and got hold of some tail and thought that was the elephant. The State Secretary, Mr. Sapukotana, an experienced and balanced official tried his best to advice the minister of the consequences of his actions.
Senior officials in the Food Department were being kept off balance much of the time. Paralysis as creeping into the decision making process. No one was taking decisions because taking decisions risked misinterpretation, suspicion and innuendo. The Deputies were pushing papers up to the Food Commissioner, and soon the Food Commissioner was pushing papers up to the State Secretary. Matters were getting really serious, because delays in calling for and deciding on tenders, attending to commercial disputes and so on were bound to have a serious effect on the availability of timely food supplies, and the maintaining of food security.
Mr. Sapukotana kept me informed from time to time of the developing situation. He tried his best to handle it without disturbing me. But it gradually came to a point that we were both of the view that my intervention was necessary. I took an opportunity that presented itself after a “mini cabinet” meeting which Mr. Premachandra chaired as Acting Minister. I asked him whether he would stay back for a moment. His Secretary seemed embarrassed to stay, but I asked him also to sit. Thereafter, I politely but firmly explained to the minister, the consequences of his actions.
I asked him whether he was aware that nobody was prepared to take a decision in the food sector. I pointed out that should disaster strike, Minister Athulathmudali would certainly ask him for an explanation. I told him further, that in such a contingency, that we as officials will have to tell the truth to the minister. The acting minister listened in silence. I wondered as to what forces of counter attack were gathering in his breast. He did not have the reputation of bowing meekly to a challenge and here I was calling into question his entire approach to his work.
Ultimately when he spoke, he said something that we least expected and which took us completely by surprise. He said that he listened carefully to me; he said that until now he had not realized the gravity of the situation that his actions were precipitating. Then to my great astonishment he said: “You have given me advice like a parent, like a father. Even parents don’t always give such good advice. I will act according to your advice.” Mr. Sapukotana and I were rendered speechless. This was one more of the many experiences I had in public service, where the totally unexpected had occurred.
Through my experience I have been convinced that one should not shirk one’s duty to advice ministers. This duty has to be performed in the public interest and one should not be deterred by possible consequences. However, there is a way and manner of giving this advice. One has to be polite. One should not adopt a confrontational attitude. In my experience, some of these “consequences” which people fear are more imagined than real, and ministers and politicians do not always act according to their perceived public characteristics. On this occasion Mr. Premachandra was a case in point.
Presidential Mobile Service – Matara
The second Presidential Mobile Service was to be held at Matara on November 3, 1989. This was a time of intense JVP activity when the country was gripped by fear. The decision to hold the service in Matara in the deep south was it a sense a challenge to the JVP. Rumours were rife that they would disrupt activities. We were to leave during the early morning of Nov. 3 and this itself was scary. In fact the country had reached a stage where there was very little traffic on the roads after about 9 p.m. We had now to leave for Matara to face an unknown situation leaving home around 4.30 in the morning.
When we left, we noticed that there was hardly any traffic on the roads. All around was in pitch darkness. Even some of the street lights were not functioning. It was quite eerie. We made our way past numerous check points at a couple of which we were stopped.
All this was not a comfortable experience. One felt apprehension. I was booked at the Weligama rest house but when I reached it I found that the power had been disrupted by the JVP during the previous night. We would have to be without lights or fans. But what was far worse was that the disruption of power had affected the pumping of water and the toilets could not be flushed.
The rest house was in short uninhabitable. The authorities there informed us that power would be restored by evening. But none of us had confidence that this would be done or if done, that it would not be disrupted again during the night. Some of us therefore decided to make alternative arrangements, which were not easy to make. Most of the hotels in the vicinity of Matara and even somewhat beyond had already been booked. Eventually, after a diligent search and with the assistance of friends, I found myself a room at Koggala Beach hotel.
This was an immense relief. In fact, it turned out to be much more than mere relief because of the interesting crowd of public servants in occupation. They were a jolly group of story tellers who had a variety of the most hilarious anecdotes to retail, which spared no one. When we reached the hotel at the end of a tiring day, we were able to forget the grim reality outside. Perhaps we really needed to laugh our cares away. Most of us had been subjected to considerable strain for a significant period of time.
At the mobile service itself in the Rahula College premises where the service was held was almost completely deserted on the first day. People were afraid to defy a JVP ban on attending. On the second day however the dam burst. People flocked in from all quarters and directions jamming the space and facilities available. Long queues formed outside areas allocated to all Ministries. The people themselves had suffered due to the disruption of their lives and activities, and when some relief seemed available, one day was all they could contain themselves however dire the threat. They voted with their feet.
On that second day we couldn’t finish at 5 p.m. There were so many people that hours were extended till 6.30 p.m. By the time we got back to our hotels, it was well past 8 p.m. Usually, the third day of the service was a half day, where we finished by 1 p.m., had lunch and started for home. But because of the lost first day and the crowds, the third day was extended to 5 p.m. But that was the official time. Many of us were stuck till about 7 p.m. We did not want to abandon the people still in the queue and who were now looking pretty desperate that they would not be attended to. They had suffered much. This meant once again traveling in the dark, this time to get home.
(Excerpted from In Pursuit of Governance, autobiography of MDD Peiris)
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