Justice E F N Gratiaen - He was a great 'un

40th death anniversary:

Chelvatamby Maniccavasagar

Justice Edward Fredrick Noel Gratiaen (KC) who passed away in 1973 at the age of 68 was one of the best loved criminal lawyers, Attorney-General, Supreme Court Judge and a Law Reforms received his early eduction at S Thomas College, Mt Lavinia. Thereafter, he entered Exetes College, Oxford and graduated in 1925. On his return to Ceylon, he took to Journalism joining the Ceylon Independent but after the paper went out of publication, he joined the Law College and passed out as an Advocate. He soon gained prominence in both branches of the Law and was briefed in a number of important Law suits.

He was Counsel for P N Banks, a former Inspector of Police in the famous Bracegirdle Inquiry. Further, he appeared in several Election petition cases after the Elections in 1947. He was a nominated Member of the House of Representatives in 1947 and resigned as being appointed to the Bench in 1948. He took silk in 1946.

Justice Gratiaen distinguished himself on the field of sport at Rugger and was the best forward of his time in the Ceylon Rugby and Football Club.

He had been the President of the Rugby Football Union, a Steward of the Turf Club and President of the Ceylon Amateur Athletic Association. During the war years he served as Paymaster-Lieutenant Commander in the CRNVR.

Legal experience

Late canon R S de Saram has described Justice Gratiaen as the ideal Thomian who combined with effortless ease brilliance of intellect and athletic distinction and a wide and sustained interest in many things.

Referring to Justice Gratiaen, former senior Supreme Court Judge Justice T S Fernando said that Justice Gratiaen was a big man in physique, big in intellect and even more important, he was big hearted.

Justice T S Fernando said that Justice Gratiaen was a familiar figure in Hulftsdorp for some 28 years either as a persuasive Counsel or as a Supreme Court Judge, willing to use all his learning in the Law and his experience at the Bar to reach a just decision in the case before him.

His work on the Bench was remarkable. The enthusiasm he displayed at the Bar was repeated at the Bench. Before he retired from the Bench at the early age of 51 years, he had acted as the Chief Justice and was a Member of the Judicial Service Commission. In fact, he gave his services to the Executive, the Legislature and the Judiciary.

Former Chief Justice H N G Fernando said that the name of Justice Gratiaen will be listed with a select few with the names of Wood Renton, Betram, de Sampayo and Garvin.

Justice H N G Fernando said that Noel Gratiaen did not leave Ceylon because of disappointment, frustration or pessimism.

It was only fitting that his mature legal experience was utilized in the conduct of cases before what was the ultimate Tribunal of Appeal from the Courts of Ceylon.

Just and humane

The reputations which he himself gained at the Bar in England enhanced the prestige of the Bar and the Bench of this Courts.

Maithripala Senanayake, Leader of the House and former acting Prime Minister said that Justice Gratiaen served with the Royal Ceylon Navy.

His law Reforms particularly the Gratiaen Commission Report contributed immensely to the welfare of prisons here. He was appointed a member of the First Parliament in Ceylon and he had the courage to express his views fearlessly when the occasion demanded.

He even fell foul of the then Prime Minister because of his independent views.

S W R D Bandaranaike appointed Mr Gratiaen as Attorney-General during his government and in the United Kingdom he was made a Queen's Counsel and earned the praise of the Privy Council.

J R Jayewardene in tribute to Justice Gratiaen said he belongs to a distinguished Burgher family which had a close friendship with his own.

Both Mr Gratiaen and he were sportsmen in school together. J R Jayewardene said that Mr Gratiaen was a rebel, but not a rebel without a cause.

Dr N M Perera said that Justice Gratiaen was an outstanding pupil of Warden Stone.

Great achievements

Pieter Keuneman said he knew Mr Gratiaen as a family friend and a colleague in Parliament. He said that in every way he was a big man physically at heart and in generosity and in the dimensions of his mind.

As a judge, he was just and humane. He was witty, shrewd and knowledgeable. His judgements could be read with pleasure even by non-Lawyers.

Justice Gratiaen believed in hard work with time off for an occasional drink among good friends.

At the Bar he was always full of encouragement for the young.

He never failed to praise a good performance by a Junior in Court. Despite his own great achievements at the Bar both in Ceylon and England, he remained a profound admirer of late H V Perera.

He lived a life - rich and full to the utmost - most varied and versatile in his interests. Undoubtedly, Justice Gratiaen will be remembered apart from the mark he had made in the Legal sphere - for his unfailing charm, his great wisdom, his wit and for immemorable and unrecorded acts of friendship and assistance to a very wide circle.