Order in court

Quick-witted Justice E.H.T Gunasekera


July 7, 2020, 9:24 pm


Justice Gunasekera was one who tempered justice not only with mercy but also humour.

Once a counsel, cross-examining a witness, asked in English: "When you went to meet the accused, did he offer you a glass of malted milk?"

The witness was a simple villager, and when the interpreter Mudliyar translated the words 'malted milk' to him in ponderous and technical jargon, the villager gazed uncomprehendingly at the Mudliyar.

"Mudliyar," said Justice E.H.T Gunasekera, who was presiding "Our people never use the term 'malted milk', whatever the brand of milk, any malted milk is 'Horlicks' to them. Ask the witness whether the accused offered him a glass of Horlicks."

***

Dr. Colvin R de Silva was defending the accused in a murder trial and had addressed court for three consecutive days. As he concluded his address, the third day. Dr. de Silva said; My lord, I hope to finish my address tomorrow."

"You are hoping, Dr. Silva," said presiding Judge E.H.T Gunasekera, "I am praying."

***

"In his first murder case, the late Kanishka de Zoysa, the veteran criminal lawyer of Galle, appeared for the defence. The judge was the late Justice E.H.T Gunasekera. The defendant, a man involved in politics, alleged that he was framed, with the police taking a big bribe from his political enemies to implicate him falsely in the murder. As Kanishka de Zoysa, the lawyer for the defendant, held forth eloquently on the evils of bribery and the strict laws that had been enacted to control the evil thing, Justice Gunasekera cut in dryly: "Mr. Zoysa what is the use of a pack of sleep passing pious resolutions in favour of vegetarianism, when the wolf remains of a different opinion?"

***

Once a young lawyer was cross examining a witness in a case where a man had been found dead, seated on a chair.

"You say you saw the deceased crouched on the chair?" asked the lawyer.

"Yes," replied the witness.

Then why didn't you go and take a look at him?"

"I thought he was sleeping," replied the witness.

"Ha!" snorted the lawyer. "Do you think one can sleep in a chair?"

Before the witness could answer, Justice E.H.T Gunasekera said, "Mr. Perera, ask any judge and he will tell you that it is possible!"

****

At a special sitting to bid farewell to justice E.H.T Gunasekera after a court session. A young lawyer was making a very felicitous speech about the departing judge. Using flattering adjectives to fit the initials, E.H.S in the judges name, when justice Gunasekera quipped, "The most suitable right now would be Extra Hyper Tension!"

****

Even as a Crown Counsel he had a rapier wit. Once at a murder trial before Justice E.W Jayawardena (Father of J.R.), E.H.T was the prosecuting Crown Counsel. Along with other productions, the police produced a bloodstained chemise worn by the basket woman who had been stabled to death, when the judge interjected.

"Mr. Crown Counsel do basket women wear chemises?"

"My Lord! I am not acquainted with the undergarments of basket women," replied E.H.T. The Judge then said, "Proceed with the case Mr. Crown Counsel."

****

On another occasion when E.H.T appeared for the Crown, a string of Sinhala village witnesses, with names like Charles, David, James had given evidence, when the presiding Judge Justice E.W. J had asked "Why these names Mr. Crown Counsel? Haven't we got good old Sinhala names?"

E.H.T. replied, "No blame could be attached to these poor villages for following more and better educated, who prefer to call their sons Junius Richared, Harry and Corbett."

The Judge then asked the Crown Counsel to proceed with the case.

Justice E.W.J enjoyed ready wit, even though at times, it was directed at him.