Desmond Fernando PC :

Eminent lawyer who always upheld Rule of Law

Sarath MALALASEKERA

President's Counsel Desmond Fernando served as Secretary and President of the Bar Association of Sri Lanka (BASL) and President at the International Bar Association.

Desmond was educated at St. Joseph's College, the University of Ceylon and Oxford University. After his University career, he was called to the Bar at Lincoln's Inn in 1958 and became an Advocate in the same year.

At the felicitation ceremony held to mark Desmond Fernando's fifty years at the Bar, President Mahinda Rajapaksa in his felicitation message said that Desmond Fernando is a lawyer of eminence with a great record of service in upholding the Rule of Law, and the Independence of the Judiciary.

"I have known him as a lawyer from my youth and from the time I entered the legal profession," the President said and referred to Desmond Fernando's service to the Bar Association of Sri Lanka and the International Bar Association.

Chief Justice Asoka de Silva, in his felicitation ceremony address to mark Desmond Fernando's 50 years at the Bar, said an era when public spiritedness is waning, the frontline civil rights activist's illustrious career was in line with the finest traditions of the noble legal profession.

Chief Justice Asoka de Silva called Desmond Fernando a "true servant of mankind."

The Chief Justice said all lawyers know of the trials and tribulations inherent to the profession, and it was with a deep sense of gratitude that they were felicitating Desmond Fernando, the first Secretary of the Bar Association of Sri Lanka, twice President of the BASL and the only Sri Lankan and second Asian to be the President of the International Bar Association (IBA).

At the felicitation ceremony Desomnd Fernando paid tribute to his own seniors- Sam Kadigamar QC, C. Renganathan QC and R.A. Kannangara and his lawyer friends Justice P. Ramanathan and Suren Peiris.

His tenure as President of the Bar Association was a momentous one in that, it coincided with threats to lawyers by the Police and Armed Forces. His term succeeded that of President's Counsel H.L. de Silva during whose term Attorney at law Wijedasa Liyanarachchi was killed while in police custody.

Desmond Fernando also represented Sri Lanka on the suggestion of President's Counsel H.L. de Silva at an IBA Conference which resulted in his being elected the Deputy Secretary General of that organisation.

He subsequently became President of IBA and presided at the famous 50th anniversary meeting which was addressed by Secretary General of the UN Kofi Annan.

He also served as the Vice President of the International Commission of Jurists and also served as a member of the Code of Conduct Commission of the International Cricket Council.

On a request made by President's Counsel Desmond Fernando, Chairman of the Bar Council of England Queen's Counsel Robert Seabrook visited Sri Lanka as an observer at the hearing of the Broadcasting Authority Bill on April 28 and 29 1997 by the Supreme Court.

The Supreme Court held that the Bill was inconsistent with the Sri Lankan Constitution. President's Counsel K.N. Choksy appeared for the Opposition and successfully challenged the Bill. "It was a victory for freedom of Media."