H. L. de. Silva’s fourth death anniversary

April 5, 2013, 8:15 pm


By S. C. Crossette Thambiah

I pen these few words in memory of a close friend and colleague – the late Desamanya H.L. de Silva, President’s Counsel. This month of April is the fourth anniversary of his untimely death in his 81st year.

He was a few years my senior at the Bar. When I was called to the Bar in 1955 as an advocate, HL was then a Crown Counsel in the Attorney General’s Department. We first became acquainted as counsel on opposite sides in a case instituted to test the legality of the "Sinhala Only" Act. This case was heard in the Colombo District Court, the Supreme Court and the Privy Council. HL appeared throughout for the State and I was a junior on the team of lawyers appearing for the Plaintiff. HL reverted to the unofficial Bar in 1970 and both of us met frequently in Mr. Tiruchelvam’s Chambers where our acquaintance matured into friendship.
HL soon made his mark as an outstanding advocate. He confined his practice to civil appellate work specializing in public law, administrative law and constitutional law. I recall being associated with him in two important matters in the early seventies – namely the "Take Over" of the Lake House Press and the Exchange Control Commission appointed to inquire into violations of exchange control offences. We were often retained together in legal work during his active professional career. Among his clientele were high ranking public personalities. HL was appointed a President’s Counsel in 1978. He held the elected office of President of the Bar Association for the two years 1988 and 1989. In the election petition of Mrs. Bandaranaike challenging the Presidency of Mr. Premadasa – a case which dragged on for almost four years, HL and I were again on opposite sides.

In the late nineties HL reduced his court work but continued to appear in several landmark litigations, securing judgments of critical and far-reaching impact. One of the last such cases in which I was his junior was a case of alleged medical negligence. In 1995 he left Sri Lanka for three years to serve as the Country’s Permanent Representative and Ambassador to the United Nations. He thereafter served as a representative of the Government at the "peace talks" in Thimpu in 1985 and again at Geneva in 2006.

Our close relationship continued right up to the year of his death in 2009. In addition to being his friend, I was privileged to be accepted as a family friend by his wife Manel and his two daughters Nilmini and Lakmali. Considering his wide celebrity in the legal profession, HL had very few close friends. He enjoyed the home hospitality of Manel where we would often partake of her tasty cooking.

Despite his heavy work schedule, HL was an avid reader of books on all subjects. He had the benefit of having his conference chambers at de Alwis Place in a separate house from his residence two doors away. His large collection of Law Reports and text books were displayed at the conference chambers whilst in the office room at his residence he had an equally large collection of the other books on the shelves there.

HL was a prolific writer on political subjects as evidenced by the publication brought out in the year before his death entitled "Sri Lanka A Nation in Conflict" this volume consists of his articles and public speeches of the last two decades. As he stated in the Introduction – "These writings I must add, were inspired by a deep and abiding love for my country and a desire for a future when all Sri Lankans live free from fear, and in contentment and mutual harmony." HL was a deeply religious man. As a devout Methodist he held high office in that Church. In his last years he and Manel spent a few months every year with their daughters in Australia. When I asked him how he spent his time there he replied – Visiting book shops"! That was typical of the man I knew. A self-effacing individual unmindful of his eminence as one of the country’s ablest lawyers.

With my personal knowledge of HL’s advocacy over a period of thirty years, I say without hesitation, that he was the equal of the great advocates of our previous generation. He had an incisive mind, his arguments were precise, his language flawless, and his delivery never failed to keep the judges alert and attentive. HL, I salute you and pray that you now have the eternal peace that you well deserve after a life so richly dedicated to the welfare of your family, friends clients and country.

To a dear Uncle (H. L. de Silva)

Strange…. that one so mild-mannered, unassuming

Could a Colossus be, in the Court room.

Strange…. that the Constitution, to persuasive argument,

To interpretation, be so open, under his onslaught.

Strange… that under his impassive expression

A passion for a Lanka undivided, so consumed him.

But… around the hearth, not so strange….

This genial host, this raconteur of anecdotes,

Political crumbs, holding forth,

Arguing, persuading, and we the jury,

Laughed then, and laugh not…..

Now, so strange … to miss one so mild-mannered, unassuming.

A Niece.

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