Opinion

An appreciation - C.R. de Silva former AG was a friend in need

07 Feb 2014 - {{hitsCtrl.values.hits}}

“A friend in need is a friend indeed”: this is an adage I always used whenever I mentioned the name of my friend C.R. de Silva, former Attorney General of Sri Lanka. I first met Chithra Ranjan de Silva at the High Court of Gampaha in 1973, when he was the State Counsel . I was the Officer-in-Charge at Dompe Police Station and that was the era when the Administration of Justice Law (AJL) was introduced with the setting up of High Courts in Sri Lanka. He was, by any standard, an exceptional prosecutor.

An attribute he retained in ample measure throughout his career in the Attorney General’s Department was a sense of absolute commitment to any task he was entrusted with . His career was a complete success achieving the most prestigious position as the Attorney General of Sri Lanka. And, his forte was his childlike simplicity; proven integrity, commitment, and fierce loyalty to whosoever he served.

His sudden demise has not only caused shock and sorrow among fellow lawyers both in the official and unofficial bar, but has also cast a pall of gloom over the entire bar of which he was a live wire. As seen from the appreciations that kept pouring after the sad news broke out, he was no ordinary Attorney-at- Law. His genius was evident to those of his colleagues and subordinates at the Attorney General’s Department and not least the police officers particularly in the C.I.D.

During the year 1981, I was the A.S.P. supervising the Anti Terrorist Unit ( ATU) at the C.I.D. and my duties included the preparation of Detention orders for suspects arrested in connection with offences committed under the Prevention of Terrorism Act (PTA.) and seeking advice from the Attorney General on investigations conducted under the PTA. Tilak Marapona was the Deputy Solicitor General (DSG) handling this subject at the A.G.’s Department and Messrs. C.R.de Silva , Senior State Counsel and Mohan Peiris , State Counsel were assisting Mr. Marapone .

" The of C.R. de Silva was a national asset especially for his untiring efforts in preparing the report of the L.L.R.C. as its Chairman. His report and the recommendations were accepted by the U.N and he was lauded for his courage "

On 29.10.1982 Chavakachcheri Police station was attacked by the LTTE terrorists and caused the deaths of three police officers having removed all arms and ammunition from the police station. During this period , I was the A.S.P. at the C.I.D. unit at Jaffna and investigations were conducted into the attack on the police station under my supervision.

On 14.11.1982 Rev. Fr. Singarayar was arrested and he revealed his direct involvement with the LTTE and accepting Rs. 8.1 million from the Neervely Robbery committed by the LTTE on 25.03.1981 , assisting the injured terrorists who attacked the Chavakachcheri Police station and also assisting the LTTE in several other major crimes committed in the Northern Peninsula.

Two indictments, H.C. Col. 1198/83 and 1199/83, were filed in the High Court of Colombo under the PTA against Rev. Fr. Singarayar and Rev. Fr. Sinnarasa who escaped from Batticoloa prison with other suspects , for the attack on Chavakachcheri Police station and the Neervely robbery , respectively. Mr. Marapone handled the prosecution at the initial stage. And, after he left for Hague, Mr. C.R.de Silva prosecuted the case in connection with the Neervely case assisted by Mr. Mohan Peiris , present Chief Justice. Mr. Bala Tampoe appeared for Fr. Singarayar at this protracted trial under the PTA with a team of lawyers including Mr. Nadesan Q.C. During the trial, Mr. C.R. de Silva always appreciated the manner in which Mr. Bala Tampoe defended Fr. Singarayar and said, ‘Bala always used a straight bat’.

C.R. de Silva stressed the importance of preparation for the prosecution as this case which was heard before Mr. H.W. Senanayake High Court Judge. It was covered by many international organisations including Amnesty International and political attaches of foreign missions in Colombo. Almost every Saturday and Sunday from about 900 hrs to 2200 hrs. or even later than that , I with Mr. Mohan Peiris , Mr. Chandra Jayawardane , then A.S.P. and Inspector Abdeen of the C.I.D. was at the residence of Mr. C.R. de Silva at Edmonton Road discussing all aspects of the evidence for the prosecution. I was crossexamined in the “voir dire” for 68 days and its conclusion the court accepted my evidence and held that the statement made by Fr. Singarayar was a Voluntary statement made under PTA.

I elaborated the above facts to show the commitment, dedication, devotion and the interest taken by C.R. de Silva in handling important cases for the prosecution. In the investigation into the attack on the Air Force Base and Bandaranaike International Airport (BIA), Katunayake on 23.07.2001, Mr. C.R. de Silva guided the C.I.D. In the course of this exploratory exercise, CID gathered relevant material and evidence and on the basis thereof , succeeded in tracing the safe house of the terrorists from where two suicide jackets , several arms and 59 cyanide capsules were recovered.

He always insisted that the CID officers should study material and evidence before they come for discussions with him in connection with important and sensitive cases investigated by the CID. During his period , when he was supervising the CID, officers were properly guided in gathering evidence particularly in fraud, cheating and other white collar crimes. He also made arrangements for his officers to visit the CID. and conduct lectures on the Code of Criminal Procedure, Evidence Ordinance , Penal Code , PTA and other important Acts such as Intellectual Property Act etc.

He professed that the CID is the shrine of the Police Force .
It was really the efforts and guidance of C.R. de Silva , the CID. was able to conduct the successful investigation into the attack on the Central Bank by the LTTE and got the conviction of 200 years Rigorous Imprisonment against the LTTE Leader Prabakaran. He guided both Messrs. Asoka Wijetilake and Sisira Mendis in recording the confessional statements of the two LTTE suicide bombers who took part in the attack and arrested immediately after the explosion by members of the public when they tried to escape in a threewheeler.

C.R. de Silva was a national asset especially for his untiring efforts in preparing the report of the L.L.R.C. as its Chairman. His report and the recommendations were accepted by the U.N and he was lauded for his courage .

In joining the unofficial bar, he had a lucrative practice. He gave his consent to include his name as the legal consultant for the private investigation company “ Black” a specialised detective division of Watchguard Security and Investigation(Pvt.) Ltd. where I work as the director and consultant in investigations. We were honoured to have him as our legal consultant. His time was generously at the disposal of any friend who stood in need of his help or support. I well remember several cases where he assisted friends and even spending money on them for their illnesses. There was one constant characteristic which shone through the whole of his career in the A.G.’s Department; the courage of his convictions and the firm refusal to compromise on what he believed in. I am personally aware of the intensity of his involvement in exceedingly useful social work because of my close association with him. He started a project at Maha Oya with the wife of Nimal Siripala de Silva to protect and rear cattle released from court houses when cases of transporting cattle were detected by police and charged for cruelty to animals or transporting stolen cattle and also rescued from slaughter houses. He also helped financially several Buddhist temples and needy students and patients.

President Mahinda Rajapaksa, a close friend, was present at the residence to pay his last respects. All his friends , relations, and members of the bar with all officials at the A.G.’s Department were present at Kanatte to pay their last respects to our dear friend who was indeed, a giant of our times. The three months’ Bana is arranged on Friday the 7th February and the almsgiving on the following day at residence.

May he attain the Supreme Bliss of Nirvana !

Punya de Silva
Former DIG/CID, Head of Interpol SL & Director / National Intelligene Bureau

Opinion

An appreciation - C.R. de Silva former AG was a friend in need

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