Sri Lanka’s democracy and accountability process took a turn for the worse with the passing away of Hemantha Warnakulasuriya PC. The 74-year old passed away after a brief illness.
Hemantha Warnakulasuriya was one of those very illustrious sons of the the soil. Hailing from a wealthy commercial family in the deep south in Tangalle, who found himself educated in Colombo. His fellow scholars included a whole host of well known greats from different walks of life and included heavyweights such as the current prime minister who would have been a junior at Royal College. Ironically years later, Mr Warnakulasuriya turned out to be one of the most articulate and vociferous critics of the Wickremesinghe government – especially on matters close to Warnakulasuriya’s heart – democracy and transparency.
His career flourished and he accumulated an expertise in legal matters especially in criminal law that was hard to match. His extensive knowledge and his passion for detail and studying of the facts led him to be a highly regarded legal luminary on the magisterial circuit. He was fiery as much as he was vocal in his legal performances. His written opinions were a treat to read and his explanations of the law and his interpretations were music to the ears of legally minded followers.
Although big in size he was often described as being as soft as butter. His zeal and his passion for a fair and equitable life for everyone at times consumed his life.
Over the past three years the former Ambassador to Italy and the Vatican, Hemantha Warnakulasuriya played a dynamic role alongside the media when he opened fire on the breakdown of the promises that led to the so-called good governance team to be elected in January 2015.
He used his extensive knowledge of the law and indeed its practical applications, to take matters of national import to the very boundaries of democratic debate. His untiring efforts in bringing to light details of in-action by the government of the day in terms of the so-called bondgate scandal and his legal perspective on a wide range of national interest matters like the 19th Amendment were received by the public with great interest
His perspective at times attracted controversy that would have meant the end of any lesser mortal. Instead Hemantha reveled in it. One such pronouncement led to him being described by a sitting member of the Supreme Court as a “TV Advocate”. I asked him at the time if he was fearful of being hauled up for an explanation. The answer was immediate and spontaneous: ‘no why to be scared? I know the facts and they know that I know. So lets see them come after me”. He was fearless.
He continued to believe that his erstwhile client Duminda Silva was innocent and that his one time client had been a victim of circumstance and new political awakenings.
Mr Warnakulasuriya and I met in the early part of 2002 during the so-called short spell of Ranil Wickremesinghe as Prime Minister. We were on a trip to Trincomalee where we were due to stay at the circuit bungalow there. Hemantha got to the location first and was therefore able to choose the only room with air conditioning.
After a rather late night – one in which the mosquitoes had launched a third world war on my frame – and unable to sleep too well I awoke to a marvelous sight: I had an urge to share this spectacular sight with Hemantha Warnakulasuriya. He came out of the room and must have wondered what other question I was asking him about. Instead I said “Hemantha, look at the marvelous views across China Bay. Look how spectacularly beautiful this is.”I think he was put out that he was woken up to look at the scenery but he politely asked what the point I was trying to make. “Hemantha, these politicians in Colombo, make them come here and look at this scenery. Is this what they are proposing to give the terrorists? Splitting this beauty up? Is this what the CFA is all about Hemantha?” That was the start of a friendship that was forever and a day revolving around issues that affected the national interest: corruption, good governance, clean politics, political patronage and of course the independence of the judiciary.
Hemantha’s legal expertise and his outspokenness meant that he was able to take national issues to the very boundaries of democratic debate. He was committed to the notion of one nation one country with an equitable lifestyle and opportunity for everyone. He openly espoused the cause of an independent, liberal thinking judiciary.
During the Bondgate proceedings he took every opportunity to heap praise on the attorney generals’ department and reserved special praise for Messers Dappula De Livera and Yasantha Kodagoda. He was proud in the extreme at the way they conducted themselves. But Hemantha was devastated when the Attorney General decided to treat Prime Minister RW with kid gloves and did not permit questioning by De Livera or Kodagoda. He did not mince his words in the slightest.
Together with his close friend Sarath Kohngahage, it was Hemantha and Sarath who helped Mahinda Rajapaksa become aware that Chandrika Kumaratunga was planning on having him Mahinda arrested over the Helping Hambantota scam. I asked him later if he ever regretted doing that – like Sarath Silva. Hemantha assured me that he and Sarath only did what was right at the time. Nothing more he assured me.
Sri Lanka has lost a great son of the soil. Our collective quest towards a robust democracy with transparency and accountability at levels that the world will take notice of, has taken a big hit with the untimely demise of a colossus. The likes of Hemantha Warnakulasuriya, legal personality extraordinaire is unlikely to emerge again anytime soon. In that context Sri Lanka must learn to maximize the invaluable input given by the likes of Hemantha Warnakulasuriya.
Hemantha Warnakulasuriya – thank you for your invaluable service: if ever there was a true son of the soil who deserves such accolades, this had to be the best choice.
We will miss a wonderful affable gentleman utterly polished as a legal personality whose passion for equality accountability and a robust democracy has done volumes for our country.
Hemantha Warnakulasuriya – lala salama.
Faraz Shauketaly
Editor, The Ceylon Independent
