Features
Some 1970s encounters in Magistrates Courts in Victoria
Excerpted from A Life In The Law by Nimal Wikramanayake
When I went to the Bar in 1972, I found appearing before the stipendiary magistrates and the justices of the peace extremely difficult because a number of them were bigoted, obstinate, obdurate and racist. Fortunately for me, there were a few judicious ones like Jack Maloney and Alec Vale. There were also a few of them who were kind and generous to me like Kevin O’Connor, Ernie Daniher and Ken Pummeroy. But the justices of the peace were in a class of their own.
They were layman and laywomen. The less I say about them the better. These men and women had no legal training and knew nothing about the law. They usually consisted of the butcher, the baker and the candlestick maker and, believe it or not, they were appointed to hear summary criminal cases.The sad part of it was that in my practice, I was not even paid danger money for appearing before these miscreants.
I remember very early in my career at the Victorian Bar appearing before the justices at the Broadmeadows Magistrates’ Court. It was in the middle of 1973 and I was able to demolish the prosecution case without any difficulty. I submitted to the justices of the peace that my client had no case to answer, as none of the ingredients of the offence had been established against him. I addressed the two wise men, referred to the burden of proof in criminal cases and the fact that the prosecution had to prove its case beyond reasonable doubt. I then cited a judgment of Mr Justice Menhennitt and asked the justices of the peace to apply the principles laid down by His Honour in the case I had just cited and acquit my client.
What happened next was, to say the least, absolutely startling. The presiding justice said: “We set aside the judgment of Mr Justice Menhennitt. However, since there are so many ifs and buts, we will give the accused a bond’
I stood there speechless, but as my client had been given a bond the result was satisfactory. There is a principle of law known as stare decisis under which a judge is bound to follow a decision of a superior court unless he or she can establish that the judgment of the superior court was clearly wrong. In this case, however, the justices were bound to follow the Supreme Court judge’s decision and had no right to question its correctness as they were a lowly, inferior court. Not only did they not follow His Honour’s decision – they set it aside. This is what we had to put up with. This was absolutely scandalous.
Madam de Farge sat daily in one of the Magistrates’ Court, and although she did not have knitting needles, she had a blue rinse in her hair and dispensed justice mercilessly. All of us young barristers dreaded the thought of appearing before her, for our clients were invariably found guilty.
All this was to change when Jim Kennan became Attorney-General early in the 1980s. With one stroke of the pen, he abolished the office of the stipendiary magistrate and removed the right of justices of the peace to sit and hear cases in the Magistrates’ Court. He replaced them with magistrates who were required to be qualified barristers and solicitors who had served an appropriate term of years.
It was a mystery to me as to why this peculiar system of administering justice was permitted to continue for over a hundred years in Victoria. Nearly all of the great lawyers in Victoria, and long before my time, had to serve an apprenticeship in the Magistrates’ Court and they had to endure the magistrates and justices of the peace, but they did nothing to have this dreadful system of administering justice replaced in Victoria. We will never see the likes of an Attorney-General like the late Jim Kennan in Victoria again.
By the middle of 1974 I had been at the Victorian Bar for nearly two years. I was now accustomed to the rough and tumble in the Magistrates’ Court which we young barristers called the “bear pit”.
I had been briefed by my friend Ronny de Kretser to appear for a Mr Chamarrette, a migrant like me, who had come out to Australia in the 1960s. Chamarrette had been a major in the Indian Army and was an extremely prim and proper gentleman, right up to his enormous, curved military moustache.He had been charged with driving over the speed limit of 60 km/h in Canterbury Road, Camberwell. Chamarrette was a ruddy-faced Anglo-Indian gentleman and his face got ruddier and ruddier as he explained the circumstances of his apprehension to me and related his story in my chambers.
He instructed me that he had been driving in an easterly direction along Mont Albert Road and turned right and drove in a southerly direction until he reached Canterbury Road. He then turned left and had driven about 100 metres when he heard a police siren and a police car drew up alongside him. The policeman beckoned him to pull up at the kerb. When he got out of his motor car, he enquired what he had done wrong. The constable informed him that he had been travelling over 60 km/h in a 60 km/h zone.
Chamarrette was livid. He told the constable that he could not have reached the speed of 60 km/h when he turned into Canterbury Road, as he had traveled less than 100 yards when he was apprehended. Anyway, the upshot of it was that I had a brief to appear at the Camberwell Magistrates’ Court for Chamarrette.
I arrived at the Camberwell Magistrates’ Court at 9.30 am and had a further short conference with Chamarrette. We then adjourned into the main court room where Mr Alec Vale, the magistrate, was sitting. A case had been called up and a police constable, Constable Malone, was giving evidence. The late Brian Bourke, the lion of the Criminal Bar, got up to cross-examine the witness. With a few short, sharp, pointed questions, Bourkie destroyed the credibility of the witness and the magistrate acquitted the accused.
Shortly thereafter my case was called up, and my heart sank. Alec Vale could not hear my case and it was sent before the justices of the peace. I went into a little room at the back of the court house where the two justices were sitting. My case was called and I marked my appearance. Lo and behold, the chief prosecution witness was Constable Malone, the same constable who had given evidence in Bourke’s case.
After he gave his evidence, I got up, looked him squarely in the eye and said, “Constable Malone, a short while ago you were cross-examined by Mr Brian Bourke in a case that was being heard before the magistrate, Mr Alec Vale” Constable Malone nodded. I then said, “Isn’t it a fact that Mr Brian Bourke demolished your evidence and the accused was acquitted?”
Constable Malone answered “yes” to this question. The presiding justice then interjected and said, “Mr Wikrama, are you attacking the credibility and the veracity of this witness?” I replied, “Yes”.
The justice of the peace then made a most astonishing statement: “Mr Wikrama, let us tell you here and now that as far as we are concerned, Constable Malone is a fair, just and an honourable man”
I was aghast. I replied, “What!”
The presiding justice then said, “Mr Wikrama, I don’t suppose you want us to hear this case’
I replied, “Certainly not, no way known”
The case was then adjourned for further hearing before the magistrate Alec Vale. I began putting my files in my attach case when the justice of the peace, Ridgeway, looked up at me and very patronisingly said, “Mr Wikrama, it is fairly obvious that you have arrived in this country recently.”
“Yes”. He then said, “Mr Wikrama, let me give you a piece of advice. In this country it does not pay to attack the police”
I was dumbfounded, for I was there for no other reason than to attack the police constable. I quickly collected my wits, opened my attache case and took my brief out, then in a loud stentorian tone said, “The justice of the peace informs me that in this country it does not pay to attack the police,” and wrote these words in large letters on my brief for the justice to seek. I then bowed and went before the magistrate. I was angry. It is one of the functions of a barrister doing criminal work to attack the police witnesses and to destroy their evidence.
When my case was called before the magistrate, Constable Malone again got into the witness box and gave his evidence in chief. I got up to cross-examine him. I called for his notebook and, to my surprise, noted that during the past two weeks he had taken up a position in Canterbury Road, a short distance east of where he had booked Chamarrette. He would arrive there at 5 o’clock and leave at 6.30 every evening. On every day in those two weeks, he had booked one person between 6.15 and 6.30 pm.
Using this useful bit of information, I proceeded to tear holes in Constable Malone’s evidence. I suggested to him that it was in his interest to book a number of speeding motorists every day, for it would enhance his prospects of promotion by showing that he was a diligent police constable. He denied this. I suggested to him that he would look good in the eyes of his superiors if he booked at least one person every day. He denied this.
He agreed with me that Canterbury Road was a busy road and he said that he would book a number of motorists speeding every evening. I then asked him to look at his notebook and tell me how many motorists he had booked every evening in the past two weeks. He grew a lighter shade of pale and remarked, “Only one”
And I responded, “And that was shortly before you returned to the station.” He agreed. After that he was putty in my hands.
Chamarrette then got into the witness box and, to say the least, was extremely impressive. He was a large man with an equally large military moustache. He stated that he had been in charge of a motor transport division to the British Army in a particular area in India during World War II and was more than familiar with speedometers and speed limits. When he concluded his evidence, the magistrate dismissed the charges against him, and I returned to my chambers.
Features
Challenges faced by the media in South Asia in fostering regionalism
SAARC or the South Asian Association for Regional Cooperation has been declared ‘dead’ by some sections in South Asia and the idea seems to be catching on. Over the years the evidence seems to have been building that this is so, but a matter that requires thorough probing is whether the media in South Asia, given the vital part it could play in fostering regional amity, has had a role too in bringing about SAARC’s apparent demise.
That South Asian governments have had a hand in the ‘SAARC debacle’ is plain to see. For example, it is beyond doubt that the India-Pakistan rivalry has invariably got in the way, particularly over the past 15 years or thereabouts, of the Indian and Pakistani governments sitting at the negotiating table and in a spirit of reconciliation resolving the vexatious issues growing out of the SAARC exercise. The inaction had a paralyzing effect on the organization.
Unfortunately the rest of South Asian governments too have not seen it to be in the collective interest of the region to explore ways of jump-starting the SAARC process and sustaining it. That is, a lack of statesmanship on the part of the SAARC Eight is clearly in evidence. Narrow national interests have been allowed to hijack and derail the cooperative process that ought to be at the heart of the SAARC initiative.
However, a dimension that has hitherto gone comparatively unaddressed is the largely negative role sections of the media in the SAARC region could play in debilitating regional cooperation and amity. We had some thought-provoking ‘takes’ on this question recently from Roman Gautam, the editor of ‘Himal Southasian’.
Gautam was delivering the third of talks on February 2nd in the RCSS Strategic Dialogue Series under the aegis of the Regional Centre for Strategic Studies, Colombo, at the latter’s conference hall. The forum was ably presided over by RCSS Executive Director and Ambassador (Retd.) Ravinatha Aryasinha who, among other things, ensured lively participation on the part of the attendees at the Q&A which followed the main presentation. The talk was titled, ‘Where does the media stand in connecting (or dividing) Southasia?’.
Gautam singled out those sections of the Indian media that are tamely subservient to Indian governments, including those that are professedly independent, for the glaring lack of, among other things, regionalism or collective amity within South Asia. These sections of the media, it was pointed out, pander easily to the narratives framed by the Indian centre on developments in the region and fall easy prey, as it were, to the nationalist forces that are supportive of the latter. Consequently, divisive forces within the region receive a boost which is hugely detrimental to regional cooperation.
Two cases in point, Gautam pointed out, were the recent political upheavals in Nepal and Bangladesh. In each of these cases stray opinions favorable to India voiced by a few participants in the relevant protests were clung on to by sections of the Indian media covering these trouble spots. In the case of Nepal, to consider one example, a young protester’s single comment to the effect that Nepal too needed a firm leader like Indian Prime Minister Narendra Modi was seized upon by the Indian media and fed to audiences at home in a sensational, exaggerated fashion. No effort was made by the Indian media to canvass more opinions on this matter or to extensively research the issue.
In the case of Bangladesh, widely held rumours that the Hindus in the country were being hunted and killed, pogrom fashion, and that the crisis was all about this was propagated by the relevant sections of the Indian media. This was a clear pandering to religious extremist sentiment in India. Once again, essentially hearsay stories were given prominence with hardly any effort at understanding what the crisis was really all about. There is no doubt that anti-Muslim sentiment in India would have been further fueled.
Gautam was of the view that, in the main, it is fear of victimization of the relevant sections of the media by the Indian centre and anxiety over financial reprisals and like punitive measures by the latter that prompted the media to frame their narratives in these terms. It is important to keep in mind these ‘structures’ within which the Indian media works, we were told. The issue in other words, is a question of the media completely subjugating themselves to the ruling powers.
Basically, the need for financial survival on the part of the Indian media, it was pointed out, prompted it to subscribe to the prejudices and partialities of the Indian centre. A failure to abide by the official line could spell financial ruin for the media.
A principal question that occurred to this columnist was whether the ‘Indian media’ referred to by Gautam referred to the totality of the Indian media or whether he had in mind some divisive, chauvinistic and narrow-based elements within it. If the latter is the case it would not be fair to generalize one’s comments to cover the entirety of the Indian media. Nevertheless, it is a matter for further research.
However, an overall point made by the speaker that as a result of the above referred to negative media practices South Asian regionalism has suffered badly needs to be taken. Certainly, as matters stand currently, there is a very real information gap about South Asian realities among South Asian publics and harmful media practices account considerably for such ignorance which gets in the way of South Asian cooperation and amity.
Moreover, divisive, chauvinistic media are widespread and active in South Asia. Sri Lanka has a fair share of this species of media and the latter are not doing the country any good, leave alone the region. All in all, the democratic spirit has gone well into decline all over the region.
The above is a huge problem that needs to be managed reflectively by democratic rulers and their allied publics in South Asia and the region’s more enlightened media could play a constructive role in taking up this challenge. The latter need to take the initiative to come together and deliberate on the questions at hand. To succeed in such efforts they do not need the backing of governments. What is of paramount importance is the vision and grit to go the extra mile.
Features
When the Wetland spoke after dusk
By Ifham Nizam
As the sun softened over Colombo and the city’s familiar noise began to loosen its grip, the Beddagana Wetland Park prepared for its quieter hour — the hour when wetlands speak in their own language.
World Wetlands Day was marked a little early this year, but time felt irrelevant at Beddagana. Nature lovers, students, scientists and seekers gathered not for a ceremony, but for listening. Partnering with Park authorities, Dilmah Conservation opened the wetland as a living classroom, inviting more than a 100 participants to step gently into an ecosystem that survives — and protects — a capital city.
Wetlands, it became clear, are not places of stillness. They are places of conversation.
Beyond the surface
In daylight, Beddagana appears serene — open water stitched with reeds, dragonflies hovering above green mirrors.
Yet beneath the surface lies an intricate architecture of life. Wetlands are not defined by water alone, but by relationships: fungi breaking down matter, insects pollinating and feeding, amphibians calling across seasons, birds nesting and mammals moving quietly between shadows.
Participants learned this not through lectures alone, but through touch, sound and careful observation. Simple water testing kits revealed the chemistry of urban survival. Camera traps hinted at lives lived mostly unseen.
Demonstrations of mist netting and cage trapping unfolded with care, revealing how science approaches nature not as an intruder, but as a listener.
Again and again, the lesson returned: nothing here exists in isolation.
Learning to listen
Perhaps the most profound discovery of the day was sound.
Wetlands speak constantly, but human ears are rarely tuned to their frequency. Researchers guided participants through the wetland’s soundscape — teaching them to recognise the rhythms of frogs, the punctuation of insects, the layered calls of birds settling for night.
Then came the inaudible made audible. Bat detectors translated ultrasonic echolocation into sound, turning invisible flight into pulses and clicks. Faces lit up with surprise. The air, once assumed empty, was suddenly full.
It was a moment of humility — proof that much of nature’s story unfolds beyond human perception.

Sethil on camera trapping
The city’s quiet protectors
Environmental researcher Narmadha Dangampola offered an image that lingered long after her words ended. Wetlands, she said, are like kidneys.
“They filter, cleanse and regulate,” she explained. “They protect the body of the city.”
Her analogy felt especially fitting at Beddagana, where concrete edges meet wild water.
She shared a rare confirmation: the Collared Scops Owl, unseen here for eight years, has returned — a fragile signal that when habitats are protected, life remembers the way back.
Small lives, large meanings
Professor Shaminda Fernando turned attention to creatures rarely celebrated. Small mammals — shy, fast, easily overlooked — are among the wetland’s most honest messengers.
Using Sherman traps, he demonstrated how scientists read these animals for clues: changes in numbers, movements, health.
In fragmented urban landscapes, small mammals speak early, he said. They warn before silence arrives.
Their presence, he reminded participants, is not incidental. It is evidence of balance.

Narmadha on water testing pH level
Wings in the dark
As twilight thickened, Dr. Tharaka Kusuminda introduced mist netting — fine, almost invisible nets used in bat research.
He spoke firmly about ethics and care, reminding all present that knowledge must never come at the cost of harm.
Bats, he said, are guardians of the night: pollinators, seed dispersers, controllers of insects. Misunderstood, often feared, yet indispensable.
“Handle them wrongly,” he cautioned, “and we lose more than data. We lose trust — between science and life.”
The missing voice
One of the evening’s quiet revelations came from Sanoj Wijayasekara, who spoke not of what is known, but of what is absent.
In other parts of the region — in India and beyond — researchers have recorded female frogs calling during reproduction. In Sri Lanka, no such call has yet been documented.
The silence, he suggested, may not be biological. It may be human.
“Perhaps we have not listened long enough,” he reflected.
The wetland, suddenly, felt like an unfinished manuscript — its pages alive with sound, waiting for patience rather than haste.
The overlooked brilliance of moths
Night drew moths into the light, and with them, a lesson from Nuwan Chathuranga. Moths, he said, are underestimated archivists of environmental change. Their diversity reveals air quality, plant health, climate shifts.
As wings brushed the darkness, it became clear that beauty often arrives quietly, without invitation.

Sanoj on female frogs
Coexisting with the wild
Ashan Thudugala spoke of coexistence — a word often used, rarely practiced. Living alongside wildlife, he said, begins with understanding, not fear.
From there, Sethil Muhandiram widened the lens, speaking of Sri Lanka’s apex predator. Leopards, identified by their unique rosette patterns, are studied not to dominate, but to understand.
Science, he showed, is an act of respect.
Even in a wetland without leopards, the message held: knowledge is how coexistence survives.
When night takes over
Then came the walk: As the city dimmed, Beddagana brightened. Fireflies stitched light into darkness. Frogs called across water. Fish moved beneath reflections. Insects swarmed gently, insistently. Camera traps blinked. Acoustic monitors listened patiently.
Those walking felt it — the sense that the wetland was no longer being observed, but revealed.
For many, it was the first time nature did not feel distant.

Faunal diversity at the Beddagana Wetland Park
A global distinction, a local duty
Beddagana stands at the heart of a larger truth. Because of this wetland and the wider network around it, Colombo is the first capital city in the world recognised as a Ramsar Wetland City.
It is an honour that carries obligation. Urban wetlands are fragile. They disappear quietly. Their loss is often noticed only when floods arrive, water turns toxic, or silence settles where sound once lived.
Commitment in action
For Dilmah Conservation, this night was not symbolic.
Speaking on behalf of the organisation, Rishan Sampath said conservation must move beyond intention into experience.
“People protect what they understand,” he said. “And they understand what they experience.”
The Beddagana initiative, he noted, is part of a larger effort to place science, education and community at the centre of conservation.
Listening forward
As participants left — students from Colombo, Moratuwa and Sabaragamuwa universities, school environmental groups, citizens newly attentive — the wetland remained.
It filtered water. It cooled air. It held life.
World Wetlands Day passed quietly. But at Beddagana, something remained louder than celebration — a reminder that in the heart of the city, nature is still speaking.
The question is no longer whether wetlands matter.
It is whether we are finally listening.
Features
Cuteefly … for your Valentine
Valentine’s Day is all about spreading love and appreciation, and it is a mega scene on 14th February.
People usually shower their loved ones with gifts, flowers (especially roses), and sweet treats.
Couples often plan romantic dinners or getaways, while singles might treat themselves to self-care or hang out with friends.
It’s a day to express feelings, share love, and make memories, and that’s exactly what Indunil Kaushalya Dissanayaka, of Cuteefly fame, is working on.
She has come up with a novel way of making that special someone extra special on Valentine’s Day.

Indunil is known for her scented and beautifully turned out candles, under the brand name Cuteefly, and we highlighted her creativeness in The Island of 27th November, 2025.
She is now working enthusiastically on her Valentine’s Day candles and has already come up with various designs.
“What I’ve turned out I’m certain will give lots of happiness to the receiver,” said Indunil, with confidence.
In addition to her own designs, she says she can make beautiful candles, the way the customer wants it done and according to their budget, as well.
Customers can also add anything they want to the existing candles, created by Indunil, and make them into gift packs.
Another special feature of Cuteefly is that you can get them to deliver the gifts … and surprise that special someone on Valentine’s Day.
Indunil was originally doing the usual 9 to 5 job but found it kind of boring, and then decided to venture into a scene that caught her interest, and brought out her hidden talent … candle making
And her scented candles, under the brand ‘Cuteefly,’ are already scorching hot, not only locally, but abroad, as well, in countries like Canada, Dubai, Sweden and Japan.
“I give top priority to customer satisfaction and so I do my creative work with great care, without any shortcomings, to ensure that my customers have nothing to complain about.”
Indunil creates candles for any occasion – weddings, get-togethers, for mental concentration, to calm the mind, home decorations, as gifts, for various religious ceremonies, etc.
In addition to her candle business, Indunil is also a singer, teacher, fashion designer, and councellor but due to the heavy workload, connected with her candle business, she says she can hardly find any time to devote to her other talents.
Indunil could be contacted on 077 8506066, Facebook page – Cuteefly, Tiktok– Cuteefly_tik, and Instagram – Cuteeflyofficial.
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