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BEYOND REASONABLE DOUBT ?

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THE KILLING OF A PRIME MINISTE

by Sanjiva Senanayake

PART II

WHO SHOT THE PM ?

The first point that had to be proved by the prosecution beyond any doubt was that Somarama actually pulled the trigger. Without that the entire case, conspiracy and all, would fail.

Despite the large number of people present that morning, only three ‘eye-witnesses’ were called by the prosecution to establish that Somarama was the actual shooter. They were :

(a) the Buddhist monk Niwanthidiye Ananda (NA)

(b) one of his acolytes from Polonnaruwa named Wedage Piyadasa (WP) and

(c) a teacher named Wijekoon Wickramasinghe (WW)

The evidence of NA :

Ven. Ananda said that the PM, after finishing speaking with him, took a few steps toward Somarama and then turned back to inquire if Ananda was satisfied. He then went over and worshipped Somarama, who remained seated, and asked why he had come. Then the PM took a step backward. Ananda had turned round and bent down to collect his belongings when he heard two rapid gunshots. Somarama then pointed the revolver at Ananda who closed his eyes in terror. He then heard some more shots but didn’t see Gunaratne being injured. When he opened his eyes, he saw Somarama holding a revolver, biting his lip and with bulging eyes, follow the PM as he stumbled into the house. The monk did not say he actually saw Somarama firing the gun. In the Magistrate’s Court he had said “I did not see the actual act of firing. As I turned, I saw the accused holding a pistol in his hands levelled at the PM”.

Ananda then jumped over some flower pots into the garden, ran up to the main gate and shouted at the sentry there, grabbing him by the arm. He told the sentry that the PM was being shot and to protect him. Then as Ananda returned to the house, he saw the injured Gunaratne stagger out bleeding and he took him to the gate and requested bystanders to send him to hospital. He said he then went into the bedroom where the injured PM was lying and spent a few moments in contemplation until he heard a commotion in the central corridor outside the room. When he came out, he found a bleeding Somarama on the floor being assaulted and joined in by kicking and hitting him with his slippers. Somarama wanted some water and Ananda asked one of the servants to bring some. Before he could give the water, Somarama vomited blood and fainted. Then, when Ananda and one of his acolytes (Yatawara) were tying Somarama’s hands together, DIG Sidney De Zoysa turned up and ordered them to stop. Ananda then left and went to his temple in Kollupitiya.

However, the police sentry, in his evidence, said that no monk ever came and spoke to him at the gate. Instead, he said that, when he came running toward the house on hearing the shots, an old gentleman pointed out Somarama as the assailant. Furthermore, DIG Sidney de Zoysa said under oath that there was no monk other than Somarama in the premises when he arrived. He also said that there were no signs of Somarama’s hands being tied, and that it was he who sent the injured Gunaratne to hospital.

The evidence of Wedage Piyadasa (WP) :

WP corroborated Ananda’s (NA) evidence on some of the main points including the version about alerting the sentry. WP had run out with NA soon after the shooting but then went out of the gate and did not return to the house thereafter. It is reasonable to expect WP to back up NA, a monk he was faithful to and on whose patronage he was dependent.

However, WP also said that Somarama deliberately aimed and fired at Gunaratne. It does seem strange though, that an assassin would take time off to shoot an innocent man while his prime quarry was getting away from him and escaping into the house. If the prosecution believed this story, they should probably have charged Somarama with the attempted murder of Gunaratne too.

The evidence of Wijekoon Wickremasinghe (WW) :

WW was standing in the other wing of the verandah from Somarama and his view was blocked by intervening bodies, including that of the PM. In the Magistrate’s Court, just a few months after the shooting, he had said, “I heard the shots from the direction where the Prime Minister and the monk in the corner were. I was unable to see anything at that time because my view was obstructed by the Prime Minister.”

However, his later evidence in the SC was very different. He said that, as the PM approached Somarama, the latter sprang up, took a few steps to his left (i.e. away from the garden) and started firing. By a happy coincidence, this alleged move by Somarama would have better placed him in WW’s line of sight. However, the likelihood of Somarama shooting after such a movement is cast in further doubt by forensic evidence, as explained below.

Furthermore, WW’s evidence in the SC contradicted the evidence of the other two, NA and WP, by saying that the PM did not reach, worship or speak with Somarama before the latter started shooting.

The evidence given by eye-witnesses, especially in circumstances where they themselves are in danger, and probably taking evasive action, can be somewhat unreliable. However, if the accounts of several eye-witnesses are also inconsistent with one another on major points, then the evidence becomes dubious. The reader can decide on the credibility of the evidence of these three eye-witnesses. There is plenty of authoritative material on the internet about the pros and cons of eye witnesses.

In summary, no clear, consistent, unambiguous eye-witness evidence was produced in the Supreme Court to definitively establish that anyone actually saw Somarama firing the weapon. The prosecution did not call more eye-witnesses from the long list of people interviewed by the police in order to establish guilt beyond any doubt and close the case out. It’s fair to assume that there were no such ‘reliable’ witnesses.

THE FIRST BULLET

The forensic evidence that was presented at the trial, which is not dependent on any witness’s testimony, also raised a vital question. ASP Tyrrell Goonetilleke of the CID, who was at the scene within one hour of the shooting, made precise notes of the physical damage caused by the bullets in addition to other relevant facts. He noted that one bullet travelled almost at right angles to the line of the verandah, and went into the house. It pierced a glass pane of a French window separating the verandah from the hall inside, at a height of only 4 feet 3 inches above the verandah floor and hit the back wall of a second living room, well inside the house, at a height of 13 feet. Blood and fragments of flesh were found where it hit the wall confirming that it had struck the PM. Several people who were present had mentioned that the PM jerked his hand and cried out in pain soon after the first gunshot was heard.

The Judicial Medical Officer, Dr. W.D.L. Fernando, who examined the PM’s injuries on the day of the shooting described the related wound as follows –

1. A punctured lacerated wound on the back of the left wrist – an entrance wound

2. A punctured lacerated wound on the back of the left hand – an exit wound

Injuries (1) and (2) corresponded and were caused by the same bullet which passed only skin deep through the hand.

This was a relatively minor wound and, naturally, most of the attention was focused on the three bullets that entered the torso of the PM leading to his death. However, it is the first bullet fired that created most doubt about Somarama’s guilt. The injury caused by that first bullet, and its trajectory, is only compatible with the shot being fired from the garden outside, which was at a lower level than the verandah. There was never any suggestion of a scuffle, a second gunman or a second gun and the Government Analyst established that all six bullets were fired from the same revolver that was recovered at the scene.

The crucial question is, how could Somarama have fired that bullet from where he was seated and caused that injury to the PM, who was facing him in worship?

As for Wickremasinghe’s (WW’s) evidence, if Somarama stood up and moved to his left as the PM approached before shooting, the height and trajectory of the first bullet would be absolutely impossible for Somarama to achieve.

SOME LEGAL ASPECTS

It is important to bear in mind that the onus is on the prosecution to prove beyond reasonable doubt that the accused are guilty. Defence counsel do not have to prove that their clients are ‘not guilty’. The benefit of doubt goes to the accused. The accused are not even required to give evidence and, in this case, only Newton Perera testified, for reasons decided as advantageous by his counsel. However, Somarama made a statement from the Dock on which he was not open to cross-examination.

The process that prevailed was for the prosecution to submit a list of names of witnesses at the beginning of the trial. If the prosecution chose not to call a witness in their list, the defence could do so, if it saw a specific advantage. However, the defence would then have to lead the evidence and lose the opportunity to re-examine the witness following examination by the other counsel. It was a risky move because there was no opportunity for the defence to counteract impressions created in the minds of the jury through the testimony of that witness during examination by the other counsel.

As the counsel representing Buddharakkitha said in his summing up –

“Although Mr. Chitty has told you that the defence could have called any prosecution witness it liked, there is a big difference between the prosecution calling such a witness and the defence doing so. The defence has no access to the information book or to statements made by witnesses to the police. Is it not a terrible risk for the defence to take, to call a prosecution witness when it has no access to these statements and no opportunity of examining the witness in advance?

Further, when the defence calls a prosecution witness, it cannot cross-examine him, as it could do if he were called by the prosecution.”

(Weeramantry – page 296)

It’s important to note that only the Judge and prosecution counsel had access to the police investigation notes (Information Book), which also included statements made by various individuals to the police.

Having the last word is of great value in court, as it is in life. This principle is also of great importance when it comes to deciding the order of the final addresses to the jury by counsel, which is then followed by the charge to the jury by the Judge. The process applicable in 1961 is succinctly explained by Weeramantry in his book as follows –

“The Ceylon Criminal Procedure Code lays down that counsel for the accused ordinarily enjoys the right of reply to the Crown. If, however, counsel for an accused calls evidence for the defence other than that of the accused himself, he loses that right and must address the jury before the Crown does so. Counsel for the 3rd, 4th and 5th accused, having called evidence on behalf of their respective clients, had therefore lost their right of reply and had, in consequence, to address before the Crown. Counsel for the 1st and 2nd accused, however, having called no evidence on behalf of his clients, preserved his right of reply.”

(Weeramantry – page 232)

Thus, the counsel who represented Buddharakkitha and Jayawardena had the opportunity to listen to the final summing up of all the other counsel and then tailor his address accordingly to have maximum impact on the minds of the members of the jury. It was a strategic decision that he took.

The final line up to address the jury, in order, was –

1. Counsel for Anura de Silva, the 3rd accused (K. Shinya).

2. Counsel for Talduwe Somarama, the 4th accused (Lucian Weeramantry)

3. Counsel for Newton Perera, the 5th accused (Nadesan Satyendra)

4. The Crown (George Chitty)

5. Counsel for Mapitigama Buddharakkitha and H.P. Jayawardena, the 1st and 2nd accused respectively (Phineas Quass)

THE RETURN OF THE HANGMAN

The debate on the pros and cons of capital punishment during that period casts some light on the attitude and approach of the decision-makers on justice within the government toward the accused in this particular case.

PM Bandaranaike was firmly opposed to the death penalty. In May 1956, within weeks of his inauguration, a Bill titled Suspension of Capital Punishment was presented in Parliament and passed overwhelmingly with just one vote against it. However, it was defeated by a slight majority in the Senate. Bandaranaike persisted and finally the Suspension of Capital Punishment Act No. 20 of 1958 took effect on May 9, 1958. It was still ‘suspension’ and not ‘abolition’.

A Commission was then established in October 1958 by the Governor General to study and report on the advisability of the death penalty. It was headed by Dr. Norval Morris, an academic from Australia who was internationally known in the field of criminal law. The Morris Commission held intensive interviews and consultations, analysed relevant data regarding the efficacy of capital punishment in reducing crime and considered broader social and economic issues and implications. The subject even came up during the SC trial, and Justice T.S. Fernando himself mentioned that he appeared before the commissioners in strong support of the death penalty. The Commission’s report, recommending continuation of the suspension was issued in that fateful month – September 1959.

On October 2, 1959, within seven days of Mr. Bandaranaike’s passing, the suspension instituted by him was removed by an extraordinary gazette. Subsequently, the Suspension of Capital Punishment (Repeal) Act No. 25 of 1959 was passed in Parliament and took effect on December 2, 1959, even before the magisterial inquiry on the assassination had commenced. This new law reinstated the death penalty, retrospectively, for those found guilty of murder and repealed the previous legislation.

It is ironic that the death penalty was brought back specifically to hang the assailant for whom the PM had called for clemency from his death bed.

That was not all. By an oversight, the death penalty was only reintroduced for murder, and not conspiracy to murder, which meant that the first and second accused could not be executed. Thus, although death sentences were pronounced in the SC, the Court of Criminal Appeal altered their sentences to life imprisonment.

The government then came up with the Capital Punishment (Special Provisions) Bill which was scheduled for discussion in Parliament on January 18, 1962. It sought to retrospectively include the death penalty for conspiracy to murder, and annul the sentences of the Court of Criminal Appeal on Buddharakkitha and Jayawardena. Since it was clearly targeting the accused in the assassination of the PM, and not based on any general legal policy or principle, there were massive protests and opposition. Colvin R. De Silva called it ‘murder by statute’. Under pressure, the government withdrew the Bill one week later, on January 25.

The abortive coup d’état of January 27, 1962 followed a couple of days later and the government’s legal campaign shifted to another arena, where retrospective legislation was once again used.

However, Somarama’s fate had been sealed one week after the PM died, and he was hanged on July 6, 1962.

TO BE CONTINUED …..

The writer can be contacted on this subject at skgsenanayake@gmail.com



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Where are Sri Lanka’s economists?

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By Uditha Devapriya

Asoka Bandarage’s Colonialism in Sri Lanka (first published in 1983) follows a long line of books on the impact of British land policies in Ceylon. The best of these books remains S. B. D. de Silva’s The Political Economy of Underdevelopment, first published by Routledge in 1982. De Silva, easily one of Sri Lanka’s finest economists – though he would have detested the genericness of such honorifics – died five years ago. His death went by almost unnoticed. But in every book that has been written and every effort that has been undertaken to appraise the country’s impoverishment at the hands of British colonialism, one notices his influence, his life’s work.

De Silva came from a generation of economists – among his contemporaries he counted were G. V. S. de Silva, H. A. de S. Gunasekara, and Gamani Corea – who remained, to their last day, profoundly concerned about the plight of their country and of the masses. They were all convinced – and none more convinced than S. B. D. – that Sri Lanka’s future lay in industrialisation, or more specifically production. Taking the famous example of the pin from Adam Smith’s The Wealth of Nations – a tract that is regurgitated in toto by Sri Lankan economists today – he contended that Sri Lanka had failed to grow: it made and sold garments, but did not even manufacture a pin. In every aspect and in every corner, Sri Lanka remained dependent on imports.

A small state located to the south of a regional hegemon, in an ocean that remains heavily contested by a wide array of superpowers and major powers, cannot thrive without industry. Contrary to those economists who offer solutions in the form of liberalising or liberating the economy – the question can be asked, liberated from whom, or what? – S. B. D. de Silva’s generation did not limit themselves to abstract theorising. They were moved, on the contrary, by practical considerations – as all thinkers and economists must – and they were convinced that before undertaking any major reform, they had to first ascertain their impact on all sectors. They did not shy away from attacking or critiquing policy orthodoxies, because they knew that before everything, policies must work. If they did not, or if they risked destabilising the country and its society, there was no point pursuing them.

Indeed, all of them questioned these orthodoxies, and none with as much zest as S. B. D. His work targeted two assumptions – that Sri Lanka’s plantation sector was modern, and that Sri Lanka’s capitalists were progressive minded – and effectively debunked both. That the country’s plantation sector is stagnating today is evident enough: the situation is so bad that when the previous regime mandated a Rs 250 hike in daily wages, no fewer than 20 companies went to courts, seeking to quash the decision. Value addition has declined in the sector since the 1980s, and much of the money spent by companies has been on marketing and advertising. Yet, instead of addressing and arresting these declines, Sri Lanka’s capitalists seem content in letting things continue. This is the gist of The Political Economy of Underdevelopment: that unless those who can reverse stagnation steps in, Sri Lanka will continue to shrink, to remain the economic basket-case it has been for a long time.

Unfortunately, for some reason – for some not entirely unknowable reason – Sri Lanka’s economic sphere has been penetrated by influential think-tanks and ideological interests which have strayed from this approach. To put it bluntly, we no longer find economic thinkers who are ready to question policy orthodoxy, who can point out the fallacies of pursuing it, who, indeed, can show just how incompatible the needs of the country are with the implementation of such orthodoxies. When the country was urged to reduce its food subsidies in the mid-1960s, Gamani Corea, then despatched to represent Sri Lanka at the World Bank, argued that given the tiny military the country possessed at the time, welfare remained an important stabilising influence: to reduce them now, he argued, would be to incur higher defence expenditures later. If it’s impossible to think of economists today, basking in their think-tank-doms, making such statements, it’s because there aren’t any.

In the foreign policy sphere, the likes of S. B. D. and Gamani belonged to that breed of intellectuals who were convinced that Sri Lanka’s future lay in the Global South. Both Corea and de Silva hailed from elite and middle-class backgrounds, yet both saw and accepted the practicality of following these principles. Their intellectual descendants today – if they can be called as such – remain, as S. B. D. himself observed, beholden to powerful interest groups, to external funding and patronage. In such a context, it is easy to understand why policies which have failed in the West, which the West is abandoning in favour of full-scale industrialisation, are still being touted, still being promoted, still being idealised, in countries like ours: because they are easier to market in places where intellectuals and policymakers, not to mention officials, accept them without question.

The solutions prescribed by these interest groups remain predictable and utterly bland: from tweaking labour laws to privatising State corporations, from floating the rupee to closing State-owned factories, these reforms have been promoted for as long as one can remember. Yet it remains intriguing, if not perplexing, as to the relevance of such policies to countries which have never, since independence, grown as much as they should have. How relevant, indeed, are they to the affluent economies of the West, which are rejecting them on the grounds that, in the words of a former US Economic Advisor, the State “had to step in” where benefits no longer flow from “the individualised decisions of those looking only at their private bottom lines”?

Or to restate the question: how relevant are these policies at all? Free market orthodoxy, or market fundamentalism, of the sort advocated by Colombo’s economic circles today, no longer holds ground. It was rightly critiqued by the likes of S. B. D. de Silva, who saw such reforms as serving the role of maintaining if not entrenching the financial establishment, with hardly any benefits at all for the key stakeholders who mattered: the people of the country.

There is an obvious paradox here. On the one hand the world is waking up to the harsh reality that austerity will not put food on their fable, that if a country is to survive it must pursue industrialisation and ensure self-sufficiency in critical sectors, food being an obvious priority. On the other hand, multilateral agencies, even those whose mandate is to provide aid and assistance, are selectively enforcing such measures in the Global South, while not bothering to pursue them in the more affluent Global North.

In this context, it is interesting to note what US trade representative said in defence of the Biden administration’s pursuit of protectionism and of a trade war in the chips and semiconductor sector with China. When asked by Foreign Policy magazine as to whether such policies were at odds with the US’s advocacy of free and open markets elsewhere, she replied,

“There is a direct through line between the state and expression in the economy. And that is a really important aspect of another shared challenge we have with our European friends and other partners around the world in terms of a sustainable path to economic growth and development. In a version of globalization where the field is not level, we are having to figure out how to adapt.”

Countries like the US will always tweak the rules and break with orthodoxy, because it serves their interests to do so. It is questionable as to why Sri Lanka cannot do the same. To rephrase that famous adage by Munidasa Cumaratunga, a country which does not produce even a pin cannot be said to prosper, and a country which excludes production from its priorities cannot hope to prosper at all. 70 years ago, Joan Robinson pondered whether Sri Lanka’s trade unions would ever witness capitalists willing to share the fruits of their enterprises with them. 70 years later. we ponder whether Sri Lanka will ever see economists and thinkers willing to think beyond policy orthodoxy, willing to think, not of external interests, but of the country they live in, and the people they live with.

Where are these economists? Where are these thinkers? Five years after the passing of Sri Lanka’s last great economist and one of its last great thinkers, these questions remain unanswered. The writing is on the wall, but no one appears to be aware of it. Not even those foundations and think-tanks which so ubiquitously display the names of these intellectuals, which claim to speak on behalf of their legacy, yet which end up maintaining the same narratives their forbearers tried so hard and valiantly to question, reform, and make more relevant to their people. This is what it is, and it should be called out as such: it is a tragedy, a national tragedy.

The writer is an international relations analyst, researcher, and columnist who can be reached at udakdev1@gmail.com

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Hoffmann gets involved in the over 100-year old Wild Life and Nature Protection Society

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RL Spittel with Veddah people

Excerpted from the authorized biography of Thilo Hoffmann by Douglas. B. Ranasinghe

One year in the early 1950s the Wildlife Protection Society of Ceylon held its Annual General Meeting at the Galle Face Hotel in Colombo. ‘Thilo went as a visitor, and watched the proceedings. He met the President of the Society, C. E. Norris, and intimated to him that he wished to join the society.

Norris promised to send an enrollment form, but it never came. The Society had no office in Colombo, and without an address it was almost impossible to contact it. Both President and Secretary were up-country planters who ran its affairs from their estate offices.

After years of trying Thilo eventually managed to become a member. He was soon asked to join the General Committee, which at the time included several prominent personalities such as Dr R. L. Spittel, Sam Elapata Sr., E. B. Wikramanayake QC, R. L. Poulier and D. B. Ellepola.

Thilo Hoffmann became the Treasurer of the Society in 1961, then was its Honorary Secretary for seven years from 1962, and finally its President for a record continuous period of eleven years from 1968 to 1979.

Some of the last Britishers in the Society did not like him. It seemed that they resented his ascendancy. They referred to him as ‘the little Swiss’, where the adjective did not apply to his build, which was about the same as most of them. One was the editor of the Society’s magazine, Loris. When Thilo Hoffmann was given the Conservation Award for the year 1965 – presented by the Soil Conservation Society and sponsored by Selwyn Samaraweera – this man wrote a critical editorial titled ‘Medals for the Meritorious’. That upset Dr Spittel, who put him in his place and obtained his resignation.

Later, things changed, as Thilo Hoffmann progressed with his ‘bridging’ function. On the occasion of a District Meeting in Kandy, Dr Nihal Karunaratne humorously referred to the time he joined the Society when he was often “the only black bugger there”. Thilo responded, to everyone’s amusement, “And now I am the only white bugger here!”

Developing and leading

When Thilo accepted the honorary job of Secretary, the office of the Society, and its single employee, Sam Rajendran, had to move to Colombo. A tiny cubicle was rented at the Friend-in-Need Society at No. 171 General Lake’s Road. Here, a small desk, a chair, some files and less than Rs 500 in cash – the total assets of the Society – were installed, with Rajendran as clerk-in- charge.

Two years later, with the Society growing, more space was needed for’ its office. A shop in Bogala Building at Upper Chatham Street close to Baurs building was taken on rent. This was used for a short period. In 1964 the office was moved to Chaitya Road, opposite the new lighthouse. This was done on Thilo’s initiative. The premises were secured for the Society by him.

The small, unoccupied structure there had been used during the last World War by an Army dhoby and belonged to the Army. The only other building along the newly constructed road, then named Marine Drive, was the Ceylon Light Infantry Headquarters, which is now part of the Navy Headquarters.

The structure was improved and enlarged from time to time, and a wall built around the premises. An article by Sam Elapata Jr. in Loris, reproduced as Appendix III, describes Thilo’s involvement in this.

For the first time, the Society had a regular place to work in, and to hold the monthly committee meetings, even the general meetings, and to house its library – started by Thilo – and files, thus serving as a central rallying point for all members. It remained the headquarters of the Society for 34 years. Recalling his early days Thilo says:

“I was young, inexperienced in public speaking and shy. I attended my first half-yearly meeting (at Kurunegala, I think) as Hony. Secretary in the role as I saw it: organizer and recorder but not active participant. The President, ‘Ted’ Norris was discussing a possibly controversial subject (I cannot remember what). When he had finished there was silence, and so he just ordered me to speak. I was, of course, not prepared, and it was the first time I spoke before a public audience, not in my mother tongue, and with a strong Swiss accent. But it did not go too badly and that gave me confidence.”

He continues: “In the course of time I learnt to speak freely in public, and occasionally I even enjoyed it. But generally I had to give myself a push. This was also the case when I had to meet powerful VIPs, such as Ministers, Prime Ministers and Presidents. My basic shyness never left me, although most people have perceived me quite differently.

“Of political and other VIPs I got to know very many in the course of my work for conservation, and a few became friends, such as Ministers Edwin Hurulle and Nissanka Wijeyeratne, Lalith Athulathmudali and also D. B. Wijetunge, who became President of Sri Lanka.”

Gradually, through purposeful and relentless work, Thilo Hoffmann built up and furthered the Society, as no one before or after him. Similarly he served its cause. Knowledge, understanding, enthusiasm and self-discipline are some of the characteristics which have made him a successful conservationist. But mainly it was his perseverance, his tenacity, which brought results. As long as there was a glimmer of hope, he would put forward again and again his ideas and proposals, never letting up, with memos, reminders and personal meetings with anyone from the Prime Minister or President downward, who would be in a position to bring a project to a successful end.

His style of work was entirely based on his own involvement. He would himself do all the hard work, investigations and field work, write reports and memos, push and cajole. Any memo from the Society submitted to any authority during the period he was Secretary or President was written by him. The fact that he knew what he was speaking and writing about, based on his intimate and detailed knowledge of the country, was a prerequisite to his success.

The Society and its General Committee would provide the necessary backing and background. He found that there were few others who could be relied upon to perform major tasks with the personal involvement, discipline and perseverance required. Hoffmann never took up extreme positions, always keeping a balanced mind and advocating reasonable and realistic solutions. He could readily see and understand contrary viewpoints as well as external constraints, e.g. political though not personal. In this he is notably different from present day `super-activists’ and ‘greens’, who in his opinion “polarize to extreme positions and exaggeration, often based on ignorance, even ill-will and mischief”.

Day-to-day problems were dealt with by correspondence or direct intervention. Thilo’s application and promptness in such matters are described in the last Chapter. There were many cases of poaching, not only by villagers but by well-to-do hunters. There was illegal timber felling, and clearing.

Complaints and reports from members had to be looked into. This often led to unpleasantness and frustration, such as in cases of drunken engine drivers ploughing their trains into elephant herds crossing the railway line at night in the Polonnaruwa area.

Once, two student members, a local and a German, verbally reported a serious case of misbehaviour and shooting by an Air Force training group in the Lahugala Sanctuary. Thilo wrote a letter. An ‘inquiry’ was held by a senior officer. The incident was denied, and Thilo was asked to apologize. When he requested the two members to confirm their report in writing both refused! The foreigner is today a professor, and organizes seminars and writes papers about Sri Lanka – like so many others, says Thilo, who use the island for easy pickings.

The institution of District Representative (“DR”) had been created in 1962, when Thilo was Secretary. The DR had to have at least two meetings per year in his District. There were DRs in many areas, including Jaffna, Ampara, Ratnapura, Kandy, Kurunegala, Puttalam, and Udawalawe. They were sent the minutes of the monthly committee meetings. Thus the members in the Districts were informed of the activities of the Society. At Udawalawe the DR was Gamini Punchihewa, and at Ratnapura it was Bennie Abeyratne, a close friend of the Hoffmanns.

Talks, film shows and discussions were regularly organized. Members and friends got together in this manner, which was a great help to Thilo in the promotion of the objects and ideas of the Society, the enrolment of new members, and to obtain support for Society activities. Thilo attended most of these meetings, which were often held in planters’ clubs, and were followed by social gatherings of members, office-bearers and guests. Mae Hoffmann’s 16 mm wildlife movie was a big attraction. A gift to the Society’s membership drive, it was shown in public over and over again, even in distant places such as Embilipitiya (Udawalawe), Passara and Inginiyagala (Gal Oya).

Jungle bungalows owned and run by the Society for members, an old proposal, were promoted. As a matter of principle, these had to be outside National Parks. Dr Uragoda in his book (see Chapter III, above) says: “In the mid 1950s the first attempts to obtain leases of crown land for building bungalows were made. After much difficulty and plenty of spade work especially by the Honorary Secretary, Mr. T. W. Hoffmann, the Society managed to obtain leases of crown land near Wilpattu and Yala.”

Thilo and the Assistant Secretary, Lalith Senanayake chose the two locations after several visits to the areas. Money was collected for putting up the buildings. The Volkart Foundation of Switzerland, no doubt on Thilo’s persuasion, made a handsome contribution of Rs 5,000 to the fund. The Wilpattu bungalow was opened to members on December 1, 1967 and the Yala bungalow on December 31, 1969. Much later, a Society bungalow was built by the boundary of the Udawalawe National Park.

At Lahugala the unused Irrigation Department circuit bungalow was managed for some time by the Society for the benefit of visiting members and guests. It was situated on the bund of the large, picturesque tank, where visitors are sure to see elephants at almost any time of the year. The area, formerly a Sanctuary, is now a National Park.

When Hoffmann took over as Secretary the number of members was less than 500, and the Society’s total assets, as mentioned, amounted to a few hundred rupees. There was no library and no proper office. Most of the members were planters, with a few of the urban elite thrown in. The Society was just ticking over, although it had in the course of time had some remarkable individuals as members and office-bearers: see the paper by Thilo in Loris titled ‘The WNPS of Ceylon: Some Historical Reflections on the Occasion of its 75th Anniversary.”

.At the end of his time as President the Society had over 5,000 members, assets worth many lakhs, and had become a force to be reckoned with.

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An autobigraphy of a remarkable self-made billionaire

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Merill J. Fernando with his two sons and grandchildren.

The story of Ceylon Teamaker: MERRIL. J. FERNANDO

by Manik de Silva

Merril J. Fernando’s recently published autobiography would be considered by many to be best story of its kind coming out in recent times, if not all time, of the life and times of a business leader in Sri Lanka. Similar volumes published in recent years that come readily to mind are the life and career stories of C.P. (Chari) de Silva of Aitken Spence, Ken Balendra of John Keells, Hemaka Amarasuriya of Singer and Rienzie Weeraratne of Unilever.

Undoubtedly many more resources have been poured into this production than to its predecessors. The result is spectacular both in appearance and substance. Over 200 interesting photographs scattered throughout the well-designed volume, makes reading its 400+ pages easy. The reader cannot but be impressed about MJF’s meticulous record keeping that is a feature of the book; also the author’s deliberate decision not to pull back his punches aimed at some prominent figures in the country, many of them now dead.

Merril Fernando, undoubtedly, is the best known face in Sri Lanka’s tea industry. He’s not the biggest producer or exporter of tea in the country. But his Dilmah brand, coined from the names of his two sons, Dilhan and Malik, is also the best known Sri Lankan-owned brand worldwide. Few would know until they read the book that the original brand name was Dilma, The ‘h’ was added later to give it added punch as recommended by advertising professionals in Australia; nor would many know that Fernando served four years as a seminarian at St. Aloysius Seminary in Borella (“I was very unhappy and frequently reduced to tears”). Training a youth who had his sights on the legal profession to be a catholic priest was forced on him by his parents to whom he couldn’t say “No” at that point of time in his life and the prevailing culture.

Also that very early in his working life when he was training as a tea taster at Heath and Co., a hard to get opportunity then when that work was largely a preserve on the British, that he broke away to take up a job offer in the U.S. multinational, Mobil Oil. Fernando says the terms offered were “quite attractive,” and the offer too good to turn down at age 22-years with about Rs. 1,500 monthly on the table. He admits a “distressing lack of responsibility in suddenly abandoning my trainee tea taster programme.” Although he enjoyed the work the work at Mobil and was good at it, he says “the business was open to and driven by bribery” and he returned to tea at AF Jones, a small firm run by a British father and his two sons.

A condition of that employment was that he had to train in London at his own expense. In arranging his training slot, the head of a British firm here wrote to a friend in London recommending MJF (letter reproduced in the book) raising an interesting points about Merril (1) ” His general appearance and ways of doing business have always struck me as displaying a certain amount of integrity, which is more than I can say for most of his brethren” The second was “I have made it perfectly plain to him that in the UK there are no bottle washers or Tea Boys to wait on learners and practically all the messy work has to be done by the learners themselves.”

Fernando started at AF Jones, a company he was to later acquire, as an Assistant Tea Taster at Rs. 750 a month in May 1955. His UK experiences makes good reading including the story that he brought back pounds 325 when he returned to Ceylon at the end of five months. His landlady in London, Mrs. Butler, had tried to persuade him to buy her terraced house for pounds 750 and offered to arrange a mortgage. “I didn’t even consider it,” says Fernando. “That apartment was worth four million pounds in 2019.”

What comes out strongest in the book is Merril Fernando’s passion for “pure Ceylon tea” and his determination that this product be offered globally to discerning consumers worldwide. When strong lobbies were hard at work saying that Sri Lanka should be made an International Tea Hub like Dubai and Rotterdam by permitting the import of cheaper teas for blending, packaging and exporting, he battled unrelentingly against a move he considered would be disastrous making many enemies in the process.

Equally strong is the projection of Dilmah as a family business with his two sons figuring in both text and pictures. Merril promoted his tea using his own photo widely and with homely messages to consumers of a product coming from “us to you.” His own avuncular appearance and the excellence of the photography, perhaps an offshoot of Dilhan’s passion for the camera, played a major role in promoting Dilmah, evident in many of the photographs included in the book. Fernando’s faith in God and belief in divine intervention is a continuing thread through the publication.

There is no doubt that Merril Fernando has made a major contribution towards preserving the authenticity of Ceylon tea which had over the long period when it succeeded coffee in this country had built the reputation for unique flavour and quality that made tea drinkers worldwide recognize the product as the best available. His early training exposed him to the harsh realities of international tea export trade and he says he learned many important lessons he would never forget. These helped him to chart his business course over the next few decades. This experience and the absence of severe work pressure gave him time as a trainee in London for reflection, absorbing new impressions, acquiring new tastes and inculcate in him a lifelong passion for travel and new cultural experiences.

Attacks directed at him over the years included accusations that he was getting favours from his former father-in-law, Major Motague Jayawickreme, onetime Minister of Plantation Industries, although his marriage to Devika Jayawickreme had long ended by then. The fact that President J.R. Jayewardene made Jayawickreme dispose a small shareholding in MJF’s listed Ceylon Tea Services Ltd. (the predecessor to Dilmah Ceylon Tea Compny PLC) on a conflict of interest argument is duly recorded in the book. But Fernando makes the telling point that Jayawickreme bought the shares three years before he became minister. He also says he once refused to speak to Jayawickreme for three months when the latter called for a vote on an appointment to the new Tea Centre in New York with Fernando’s the only dissenting vote against the proposal.

The reader must not be misled by what’s written above to think that Merril Fernando has made his autobiography a platform to merely hit out at those who opposed him. On the contrary, he has been lavish in his praise of many including senior bureaucrats and political authorities that include one time Plantation Industries Minister, Dr. Colvin. R. de Silva and his former teacher and later Trade Minister Hugh Fernando. But there is another side to that coin when he discusses estrangements with business partners at AF Jones and later in his own companies.

I have known Merril Fernando for over 50 years and reported on his journey through the tea industry. One anecdote I will relate here is an occasion he took me to his home on Gower Street in Havelock Town for a string hopper dinner. That was the first time I had eaten a seer fish kiri hodda with pol sambol. I was so impressed about the meal that I mentioned it to his neighbour, my friend Mrs. Bertha Samarasinghe, the wife of the then Judge-Advocate of the Navy. A fine cook herself, Bertha responded: “Merril understands fish. I see him buying his fish from vendors at his gate.” This came to mind when I read a reference in the book to the “ever-faithful Alice, the best chef I have ever known apart from my mother.” She probably cooked the meal I enjoyed.

He could have found no better writer than Anura Gunasekera, a retired tea planter who worked for Dilmah for 10 years after he quit planting to collaborate in the writing which took all of three years to finish. With Merril Fernando completing his 92nd birthday days before the book was launched in May, there were constant challenges including covid, MJF’s hospitalization off and on during the writing and many more. But an excellent production of a compelling read has been the result.

The book is priced at Rs. 10,000 with all proceeds of sales going to MJF supported charities. But it looks as though it would have cost more to produce if all costs are factored. However that be, it’s a compelling read on the life of a remarkable man, a self-made billionaire who’s fond of saying that “business is a matter of public service” – his many charities testifying to this. It’s the history of a battle to preserve the integrity of Ceylon Tea which Merril Fernando says ought to be marketed like wine and champagne.

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