Bench and Bar welcome new SC Judge

Sarath Malalasekera

The appointment of Justice P. A. Ratnayake PC as a Judge of the Supreme Court recalls to our mind the names of many distinguished Judges who have been appointed to this Court from the Attorney General's Department, who have served and continue to serve the Judiciary of this Country and who in their time proved to be some of the greatest Judges this Country produced, said the Attorney General, President's Counsel C.R. de Silva in his welcome address at the ceremonial sitting held to welcome the new Supreme Court Judge, Justice P.A. Ratnayake PC.

The Bench and the Bar welcomed new Supreme Court Judge Justice P. A. Ratnayake PC at a ceremonial sitting held at the Superior Court Complex Tuesday morning. Associated on the Bench with the Chief Justice Sarath N. Silva PC were Justice Dr. Shirani Bandaranayake, Justice Shiranee Tilakawardena, Justice Nimal Gamini Amaratunga, Justice Saleem Marsoof PC, Justice Andrew Somawansa, Justice Jagath Balapatabendi, Justice K. Sripavan and Justice P. A. Ratnayake PC.

Judges from the Court of Appeal, Commercial High Court, High Court Colombo District Judge, Additional District Judges, Colombo Chief Magistrate and Colombo Additional Magistrates were at dais.

President's Counsel, Senior and Junior members of the Official and Unofficial Bar, and close relatives of Justice P. A. Ratnayake PC were among the distinguished gathering. Supreme Court Registrar Bandula Atapattu and Deputy Nilmini de Silva officiated.

The Attorney General, President's Counsel C. R. de Silva said: "We are assembled today to welcome Your Lordship Justice P.A. Ratnayaka, President's Counsel as a Judge of the Supreme Court. In doing so, I am mingled with feelings of pleasure and regret... Pleasure, My Lord by the elevation Justice Ratnayaka, to the apex Court of this Country which you so richly deserve, and the Bar wholeheartedly welcomes your appointment and regret My Lord, on our losing an exemplary Officer, who served the Attorney General's Department for almost three decades winning the admiration, affection and esteem of the whole Bar.

The appointment of Justice Ratnayaka as a Judge of the Supreme Court recalls to our mind the names of many distinguished Judges who have been appointed to this Court from the Attorney General's Department, who have served and continue to serve the Judiciary of this Country and who in their time proved to be some of the greatest Judges this Country produced.

Justice Ratnayaka passed the final examination for the admission of Attorneys-at-Law and was enroled as an Attorney-at-Law of the Supreme Court of Sri Lanka on August 25, 1977.

Justice Ratnayake joined the Attorney General's Department as Acting State Counsel on September 1, 1978 and was confirmed as State Counsel on July 1, 1980, subsequently appointed a Senior State Counsel on July 1, 1992.

On December 24, 1996, Your Lordship was promoted as a Deputy Solicitor General. Justice Ratnayaka was appointed Additional Solicitor General in May 2003. The dignity of silk was conferred took oaths as a President's Counsel on September 19, 2003.

Justice Ratnayake PC has also functioned as the Acting Solicitor General. If I may be permitted My Lords, Justice Ratnayaka PC an heir to a rich family heritage, being a grand nephew of Sir Baron Jayathilaka, is a personality whose uniform courtesy has won the respect and is held in high esteem by the Bar.

Whilst at the Attorney General's Department, Your Lordship functioned as the head of the District Court Unit, Head of the Court of Appeal Unit and Head of the Supreme Court Unit and as head of the Civil Division prior to Your Lordships elevation to his Court.

Justice Ratnayake handled a large volume of work in the District Court, Court of Appeal and the Supreme Court.

The vast array of Knowledge and experience acquired by Your Lordship in numerous landmark cases involving Constitutional law, Public law, Commercial law and revenue matters, in which appeared as Counsel, would undoubtedly enrich this Court.

The law reports bear eloquent testimony to the manner in which Your Lordship contributed towards the development of the law through the comprehensive submissions made by Your Lordship, as Counsel, which has received high commendation by the Chief Justice and their Lordships of the Supreme Court.

While at the Attorney General's Department, the academic brilliance of Your Lordship, was manifested when Your Lordship obtained a Masters Degree in Law from the University of Brussels in International and Comparative Law graduating Magna Cum Laude and a Masters Degree from the International Maritime Law Institute of the International Maritime Organisation in Malta, graduating with Distinction and receiving the IMO Secretary Generals prize for the best overall performance at the LL.M examination in 1992.

Justice Ratnayake also functioned as an examiner in Civil Procedure at the Sri Lanka Law College and as a lecturer on Conflict of Laws, Marine Insurance and Admiralty Law. His contribution to the Development of the Law of the Sea has received high appreciation both in Sri Lanka and internationally held the post of Director Merchant Shipping from 1997 to July 2000.

Justice Ratnayake has functioned as a Member of the Board of Directors of the Marine Pollution Prevention Authority.

Justice Ratnayake led several Sri Lankan Delegations to international fora which include the:

* Drafting sessions of the Indian Ocean Memorandum of Understanding on Port State Control held in South Africa.

* The Maritime Safety Areas Conference held in Australia.

* The IMO/UNCTAD Diplomatic Conference on Arrest of Ships held in Geneva.

* The Maritime Safety Committee Sessions of the IMO.

* The Implementation of the Hauge Treaties Conference held in Malaysia. Justice Ratnayake PC also functioned as member of the Sri Lanka delegation at the talks between India and Sri Lanka held in New Delhi on the delimitation of the continental shelf.

Justice Ratnayake PC, has also authored several articles on UN Systems, Admiralty Jurisdiction and Insurance law.

If I may say so with respect, the calm dignity, academic brilliance along with the professional experience and the extensive knowledge of the law, gathered by Your Lordship Justice Ratnayaka, undoubtedly equips Your Lordship with all necessary attributes to discharge the onerous duty as a Judge of the Supreme Court.

My Lord, it may be difficult to reach consensus as of the essential qualities that go to make an ideal Judge but it would be much easier for us at the Bar to reach consensus that Your Lordship possesses all the attributes that would make that ideal Judge.

My Lord the attributes that Justice Ratnayake possesses to make that ideal Judge is aptly summed in the Dhammapada Chapter XIX verses 256 and 257; "To pass judgment hurriedly doesn't mean you're a judge. The wise one should decide after considering both what is right and wrong, the intelligent one judges others impartially, unhurriedly, in line with the Dhamma, guarding the Dhamma, guarded by Dhamma, he's called a judge."

Whilst assuring Your Lordship our fullest co-operation, I wish Justice Ratnayake a successful and pleasant tenure of office."