July 19, 2013, 8:54 pm


Daya Perera.

By Lalin Fernando

The many appreciations following the death of President’s Counsel Daya Perera brought to mind exploits of some officers who made their mark in the Army Legal Services (ALS) of the past. One went on to become rich and famous and another did not but had delusions of grandeur. A past Army Commander’s inter action with the ALS also features here. The ALS is charged with providing justice in the Army covering administrative, operational and criminal law issues.

Col Noel Jansz. Col Jansz the first judge advocate, was an avuncular, much respected and helpful officer who made sure that as many young officers as possible not only knew their military law but were given real life instruction on the workings of military courts by serving as officers under instruction at Court Martials and then as junior members of Court Martials and were advised on personal legal problems. His summing up of trials which guided the members of a court martial to come to a correct verdict was educative and excellent. He with Major Clinton Labrooy set up the ALS on a very sound footing. The 6 foot soft spoken subaltern from the Light Infantry Volunteers NH Kiriella joined about 1964 and was promoted Captain. He went on to become a Colonel and JAG later on.

Daya Perera. The diminutive Daya Perera virtually parachuted into the ALS from the AG’s department in 1964. He spent a whirlwind ‘secondment’ under Col Jansz the first judge advocate of the Army .Daya was recruited as a captain and promoted Lieutenant Colonel in the Light Infantry to overcome establishment difficulties for a post that had apparently been created for him as adviser.

Daya made sure the officers knew that he was from Royal College Colombo, a rugby coloursman and that he was senior at school to Sandhurst trained Major TI Weeratunge (later Army Commander 1981 -1985 and JRJ’s nephew)and Major (later Brigadier) SDN (Denis) Hapugalle. He was dead pleased to be called ‘sir’. A former colleague remarked that when Daya asked him at the AG’s dept what school he came from and he had answered ‘Ananda College’, Daya had blurted out "Oh that Maraiyakade School".

Hardly had Daya arrived than he was sent to the UK to study the British ALS system. Shortly after his return he reverted to the AG’s dept from where he resigned and went on to do a very lucrative private practice. He enjoyed being called ‘Colonel’ by his lawyer colleagues. He was later SL’s ambassador to the UN (1989-91) and High Commissioner to Canada in 2009.

Daya prosecuted at a court martial case where the accused was a lance corporal instructor at the Army Training Centre (ATC) Diyatalawa. He demonstrated his forensic skills to win his case, impressing captains like the writer who were under instruction. The soldier on being sentenced was also discharged the army. Intriguingly he was taken back and posted to the Diyatalawa Garrison where the soldier’s former CO (later General) was Commander in 1975-6. This certainly made military law look an utter ass.

Daya used to regale us in the evenings in the ATC officers’ mess with his favourite story, the notorious Kalattawa (Anuradhapura) serial murder case. He had successfully prosecuted and ensured the accused called Soysa was sent to the gallows. Coincidentally the place where the numerous dead bodies were buried is today an army camp.

The next time I met Daya around the late 1970s, was when I was ‘friend of the accused’ a staff sergeant Thiagarajah of the First Reconnaissance Regiment. I knew him as he had been a much sought out instructor in classes for Regimental Accounts for the officers’ promotion exams. He was accused with another, of dumping unaccounted ammunition in the Beira lake (his camp was located nearby) pre empting a military police search. At the time he was extra regimentally employed as Company Quarter Master Sergeant (CQMS) with the 2nd Battalion of the National Guard, a Volunteer unit. Its adjutant was a captain from his regiment along with other Armoured Corps regulars.

Thiagarajah networking through his former CO, Lt Col Hapugalle had hired Daya as his lawyer. During the trial Daya crossed swords with a prosecution witness, Captain Cecil Waidyaratne (later Army Commander). Daya expecting Cecil to show respect to a renowned lawyer and former ALS senior officer became agitated with Cecil’s ready flow of witty repartees, bordering on insolence. Daya changed tack hoping to corner Cecil. He asked Cecil whether he was aware that there were 2 camps in his regiment with one supporting the past Commanding officer Lt Col Hapugalle and the other the incumbent CO Lt Col MD Fernando. Cecil avoiding the expected ‘yes’ or ‘no’ answer retorted pithily that he knew of only one camp in Mutwal and that was Rock House.

Daya went multi barrel ballistic. There were heated exchanges and tension mounted. The trial was momentarily suspended. Cecil appealed through the JAG to the army commander Attygalle to get Daya to stop his line of questioning. Daya muttered that if he was not allowed to cross examine Cecil as he wished, he would pull out of the trail. I was concerned as if he did that, not only would Thiagarajah suffer but being a comparative novice I feared I may be asked to take over the defence! The Solomon like judgment of politically switched on Attygalle doused Daya. The trial ended without any more pyrotechnics and a guilt finding.

In the 1990s when I was in a civil job, Daya rang me and said that a Finance Director of the Group in which I was working had threatened his client who was a tenant of a house belonging to the Director. Daya promised there would be a lot of pain for the latter if he did not cease fire. I conveyed this to the Director with some advice of my own. The matter was sorted out. Daya took time off to tell me he was appearing for most of the mainly officer crooks that the army had spawned during the Eelam conflict. His terms were something like 80-90 % of the stolen/defrauded amounts. He said most of it was given to his juniors who were packed into the case to dip into the spoils. I did wonder what effect all this had on the discipline, integrity and morale of then badly hemorrhaging army he had also served in.

Donald D Hewagama. Hewagama joined the ALS in 1967. He later made it known he was related to JRJ and had been his secretary too. There were some very odd incidents during his time and at least one after he left the service.

Major Sarath Wijesinghe encounter. Sarath the powerfully built Sapper (Engineer Regiment) officer not only drank well but in his cups that over flowed was wont to make reckless statements, the truth of which could not be easily disproved. He had previously when Staff Officer in the Pioneer Corps (labour battalions) reported his Commanding Officer for soliciting a bribe. The latter was arrested by the police .Politics got him out. Not to be out done Sarath then poured his heart out about the brother of a VVIP (1973). Consequently Sarath, then about 46 years of age and the towering national champion in athletics throwing events, was dispatched to East Germany to follow of all things, a Physical Training course. This was mainly to keep his mouth shackled but Bacchus denied the government its aim. At an embassy party Sarath regaled others with his multifarious allegations. He was immediately flown back to Colombo and a court of inquiry was convened .This never got off the ground as everyone knew Sarath was determined to broadcast the ‘truth’. Some hated the truth.

While waiting for the proceedings to start, Hewagama (the JAG), of all people, offered him a break on an estate of his in the Kalutara district. Sarath was to administer it. Very soon Hewagama was informed the workers had complained to Sarath that they had not been paid and refused to work. Sarath had taken their side. Hewagama, who was versed in the application of force, took an enthusiastic lot of thugs and forcibly evicted Sarath. No mention of the proceedings of the C of I was ever made known to the army. Attygalle was the Army Commander

JAG Hewagama’s putsch. In 1977 the UNP came into power. Hewagama made it known that he was close to JRJ and hatched a diabolical plan. He was a non combatant Colonel. Army Commander Attygalla’s tenure was due to end after 10 long years of command. Hewagama invited Cecil to his office and confided in him. Cecil having found out that I was visiting Army HQ from my office at nearby Engineer Group invited me to join them. I did. He assured me that it was going to be entertaining.

The plan. I heard the most preposterous and ludicrous suggestion. Hewagama had come to the conclusion, probably after seeing Attygalle perform, that what was needed most to be an army commander was an uniform with some medals for long service, rank, political affinity and "blood is thicker than water" (favourite phrase of Gen Weeratunge) connections. Hewagama thought for him to carry on as a Commander all he needed was the support of professional army officers to do the actual work. He would ask JRJ to promote him Major General and appoint him Army commander. The only issue was who was to be his Chief of Staff?

Approaches. Hewagama knew that Cecil was married to JRJ’s niece so he proposed that Cecil should be made Chief of Staff (COS) who would advise him on what to do while he, Hewagama, was Army Commander. He was aware that the top politicians believed that only the relatives or politically connected individuals should command and have the senior appointments in the army. Cecil impishly went along with him on this outlandish ‘conspiracy’ hoping to make use of the main chance if it came his way. It did, much later.

Confirmation. Retired Major General Upali Karunaratne (late SL Light Infantry), confirmed to me a few days ago that Hewagama indeed had made the same preposterous suggestion to him, offering the COS position to him as well, knowing Upali’s strong political connections. Upali told him to get lost. He had not known of the offer to Cecil before I told him!

Upali added that people like Hewagama must have had utter contempt for the appointment and role of army commander, purpose of the army and army officers, to have come to such conclusions. This was not at all surprising because the attitude and conduct of far too many ‘senior’ officers’ mostly at Army HQ at that time had coloured Hewagama’s cloistered thinking, confined to the musty walls of his office that he rarely left except to go home.

Hewagama left the army in 1987 (after 6 years of extensions) and was finally employed as the Harbour magistrate, a far cry from Army Commander he had dreamt of being with flags flying from staff cars and bugles blowing.

Rajiv Gandhi assault case. When sailor Vijithamuni de Silva disgracefully and murderously took a swipe at Rajiv Gandhi at a 1987 SL Navy guard of honour and was court martialed, no lawyer would take his case. Hewagama did. de Silva was found guilty of attempted murder. Interestingly JRJ who was not called as a witness told the international media that de Silva had ‘tripped a little and slightly lost his balance" and did not hit Gandhi. Gandhi said indeed he was hit. The case was lost and de Silva was given 7 years imprisonment.

Somehow the fact that a former JAG defended a serving forces man on such charges did not appear to be morally right. Maybe there will be some rule forbidding such perversity again. Hewagama justified his decision.

Col WH Niriella, the 2nd battalion (Volunteers) Light Infantry officer ex St John’s Panadura succeeded Hewagama as JAG. He had seen it all from peace to conflict time. There will be few who could contribute more, lead better or set a better example to the ALS than he. He gave excellent advice to the top brass in the many controversial and critical situations that used to crop up regularly. In addition he had a super sense of badly needed humour. He was succeeded by Thomian Col Ameen Buhary who rendered a long and distinguished service and was very popular with his staff. Sadly Buhary too he died a few years ago.

The Guard changes. The old guard has moved on. The new guard under the present JAG Brigadier Upali Weerasinghe has a mixed if interesting legacy to take forward in much more challenging and different times. There is international law to follow too as they march to the ‘Scales of Justice’ tune.