Swearing in of eight legal luminaries as President’s Counsel - ‘Silks’:

Bench of eminence

The Supreme Court Bench Comprised Chief Justice Asoka de Silva, Senior Supreme Court Judge Justice Dr Shirani Bandaranayake, Justice Shiranee Tilakawardane, Justice Nimal Gamini Amaratunga, Justice Chandra Ekanayake and Justice S I Imam. The new ‘Silks’ are Dr Jayatissa de Costa, Neville Joseph, Upali Gooneratne, Jayantha Weerasinghe, Anil Silva, W Dayaratne, Suhada Gamlath and Nihara E Rodrigo. Here are pen sketches of President’s Counsel Upali Gooneratne and President’s Counsel Hettiarachchige Edwin Neville Joseph

Any visitor to the Chambers of Upali A Gooneratne, recently appointed President’s Counsel, is immediately struck by a plaque with the words - ‘There is only one kind of success - Success as a total person!’

- his personal motto.

He is the first lawyer of our Republic. Admitted as an Advocate on May 23, 1972, he was the first not to take the Oath of Allegiance to HM The Queen of England, for which privilege, he spent several extra months. He is now over 38 years in practice as a Criminal Lawyer, the career he chose at the age of 13 years. He was later admitted as a Solicitor in England and Wales (with a Distinction in the paper on Accounts) and as a Barrister and Solicitor in Victoria, New South Wales and

Tasmania. He holds a Diploma in Forensic Medicine and Sciences from the Medicine Faculty, Colombo University.

Joining Law College when only 18, the youngest then, he was elected uncontested as the General Secretary of the Law Students’ Union (LSU), President of the Buddhist Brotherhood and an Executive Committee Member of the Sinhala Union, during an outstanding all-round career, where he also represented Law College in Rugger and Soccer and participated in the first ever Sinhala Law Moot, the Students’ Legal Aid Program (SLAP) and the first Sinhala drama produced by the Law students. After topping the Batch at the Intermediate Examination with a First Class Honours, he postponed the final examination, only to keep to his election promise of providing the LSU with an autochthonous Constitution. It still remains in force, as an eternal monument to his dedicated services to the LSU at a great personal sacrifice.

Young Advocate

Having apprenticed under the late Vernon Wijetunge QC, it was without a Senior and without any support that he had to commence his practice as a young Advocate in the Big City. He was later offered the opportunity of joining the Chambers of that magnanimous ‘Giant’, the late Eardley Perera PC. He was appointed Sub Warden of the Law College Hostel in 1972 itself. He later started the Voet Inn Association, with the then Chief Justice Parinda Ranasinghe as its President.

Though chosen to join the AG’s Department at the top of a batch of five including his friend the late K C Kamalasabayson, he finally declined, due to personal reasons.

Invited for the inauguration of the Asian Legal Research Institute (ALRI) in Japan in 1977, he was chosen its first Secretary General. At the first Asian Lawyers’ Conference held in Japan in 1981, he was unanimously elected the Secretary General of the All Asia Bar Association (AABA).

He however decided to return home at the end of that year, to be full time with his wife Shirani and baby daughter Aruni, now a Legal Officer at DFCC Bank, married to State Counsel Sajith de Silva. (His younger daughter Dilini studies Beauty Therapy in Australia).

Back in Sri Lanka, he was appointed Group General Manager, of a large (26) Group of Companies. He was awarded a Fellowship of the British Institute of Management (FBIM). He also started Lawyers Association in Employment in the BASL.

Reverting to practice, his clientele began to include individuals and Companies, both local and foreign and many a Foreign Embassy in Sri Lanka. He was invited to lead evidence at the Special Presidential Commission of Inquiry into the Assassination of the late Lalith Athulathmudali PC, which he did until he resigned on a question of principle. He never sought or received any remuneration for his services.

He has handled specialised litigation, such as Extradition, representing the Attorney-General of Germany in the first Sri Lankan case under the Hague Convention, providing a written opinion for the defence in a murder trial in the Marshall Islands etc. Representing a Japanese widow of a Tsunami victim in an application supported by the Foreign Affairs Ministry in Japan, he obtained an order for the exhumation of those buried in Debarawewa, in search of her husband’s body. He was an International Observer at the Appeal hearing against the conviction on Anwar Ibrahim (former Malaysian Deputy PM).

Bar organizations

Gooneratne has an unparalleled record of serving the Bar Organizations local, regional and international. He was elected both as Secretary in 1987 and as President in 1999 (the youngest at 50 years) of the Bar Association of SL (BASL), with the highest ever majorities until then. His innovative, far-reaching and multi-faceted services to the BASL are far too many to mention here.

He also served the OPA in different positions. He is on the Ethics Committee of the Sri Lanka Medical Association (SLMA), a Council Member of the Medico-Legal Society of Sri Lanka and the Vice President of SAARCLAW, Sri Lanka Chapter. Internationally, he was the Deputy Secretary General of the International Bar Association (IBA) and an Executive Councilor of LAWASIA for six years each.

Though mainly a defence lawyer, it was he who first advocated the rights of victims of crime in Sri Lanka at the National Law Conference in 2002. This later led to the formation of the Victims of Crime Round Table chaired by the Chief Justice and a Bill on the Rights of Victims, which he supported before the Supreme Court.

He also helped promote Legal Literacy and Continuing Legal Education (CLE) both here and abroad. Even as recently as on June 5, he devoted an entire Saturday morning for the Criminal Defence Course of the BASL for lawyers.

Another lasting contribution by him is the publication of Neethiya, the Law Journal in Sinhala, for the past 19 years, mainly with his personal funds, for the benefit primarily of the Junior and outstation members of the Bar, who are eternally grateful to him.

He was a Special Invitee of Law Minister of Pakistan at the 6th Pakistani Jurists’ Conference, jointly organized by the Ministry and the Bar Council of Pakistan. In 1982 he was chosen for the ‘Human Rights Visitors’ Program sponsored by the US Congress, when he spent three weeks in US. He has attended and presented papers at several National, International and Regional law conferences including in the USA, Argentina, Australia, Japan, Malaysia, Indonesia, India, Nepal, Pakistan, Hong Kong, Singapore, Netherlands, Korea, Thailand and Sri Lanka.

He has several legal publications both here and abroad to his credit, besides being the Founder Editor of the Asian Law Journal , he was associated with the Vice President of the Japan Federation of Bar Associations (JFBA) on several pioneering English publications on the JFBA and the Japanese ‘Bengoshi’.

He owes a deep debt of gratitude (in addition to his parents, wife and children) to three foster fathers, R K W Goonesekere, for the silent impact he had on his career; Kenzo Ohtsubo, the former Vice President of JFBA for having passed on to him his trait of workaholism and, last but not least, the late Eardley Perera PC for having always stood by him, both in life and in the profession.

Hettiarachchige Edwin Neville Joseph - Appointed President’s Counsel

Hettiarachchige Edwin Neville Joseph an eminent and much respected Lawyer has been appointed a President’s Counsel by President Mahinda Rajapaksa.

Joseph took his oaths before the Chief Justice Asoka de Silva on June 24, 2010. Neville Joseph received his primary education at De Lasalle College, Colombo. He is a Bachelor of Laws and a Master of Laws of Colombo University. Admitted and enrolled as an advocate of the Supreme Court of Sri Lanka on January 17, 1972 he has maintained an enviable and exemplary record and is a very respected member of Law fraternity, specializing on Labour Law and Conflict Resolution.

Neville Joseph apprenticed under and worked as Junior in the Chambers of the late Vernon Wijetunge, Queen’s Counsel, Advocate of the Supreme Court Barrister (Gray’s Inn).

He devilled in the Chambers of D.C. (Priya) Amarasinghe, LL.B. (Hons) Advocate of the Supreme Court specializing in Industrial Law.

Neville Jospeh commenced practice in the Court of Requests, Magistrates Courts, District Courts, Supreme Court, Labour Tribunals, Industrial Court, Termination of Employment of Workmen and Industrial Relations Inquires and Workplace Disputes and Conflict Resolution before the Commissioner General of Labour.

For over 25 years he has practised mainly in the fields of Employment Law and Industrial Relations with special reference to Work Place Disputes and Conflict Resolution especially relating to private sector, Trade Union strikes and all forms of direct action, including gheraos and Hostage Taking, as a Corporate Lawyer advising and counselling foreign investors in and out of the free trade zones and International Agencies with regard to dispute and conflict resolution endangering business operations from extremist Trade Unions and how to avert situations, and statutory matters pertaining to labour and handling grievance procedures.

Neville Joseph has been in the forefront of protecting foreign investments in Sri Lanka from extremist Trade Unions especially foreign NGO sponsored Trade Unions who have attempted to sabotage such investments thereby not only safeguarding such investment but also the livelihood of several thousand workers. At the same time advising and guiding trade unions on dispute relations, averting loss of employment of workers and at the same time vindicating their rights by resorting to the machinery available under the provisions of the Industrial Disputes Act to resolve such disputes.

Neville Joseph had the distinction of helping one of the largest foreign investors toward off the first attack of GHERAO cum hostage taking of foreign national which took place in Sri Lanka on April 20, 2005 and restoring confidence in the foreign investor to continue in business thereby safeguarding the livelihood of nearly 3,000 workers. His timely advice and guidance prevented the foreign investors concerned from closing down the factories and withdrawing their investment.

He has been involved in the compiling a dissertation on GSP+ facility on behalf of the Sri Lankan Apparel Exporters Association to the European Commission for the purpose of securing this facility for Sri Lanka which would benefit the entire Garment and Apparel Industrial and workforce of nearly 500,000 workers and thereby immensely contributing to the national economy of Sri Lanka.

His interests and duties are multifarious, Consultant and Advisor to leading International Multinational and Transnational and Flagship companies on Sri Lanka Labour Laws, Guest Lecturer at various legal seminars on Industrial Relations and Employment Law. He has contributed in no small measure to prevent industrial unrest and help to avert major disputes and conflicts in the private sector thereby safeguarding the livelihood of workers.

A social worker with as genuine concern for the less fortunate he has been actively involved in many social, religious and welfare activities.

As a Dayakaya of several leading Buddhist temples in Sri Lanka, including Gangaramaya and Sri Jinaratana Abiyahasa Vidyalaya, Hunupitiya. He has contributed significantly to the development and upliftment of educational facilities to the needy children.

- SM