by Buddhika Kurukularatne
If someone were to ask me what my noblest act as an advocate (turned Attorney-at-Law by operation of law) was I would unhesitatingly say that it was the signing of a bail bond to get Eardley Perera the Lion of the Criminal Bar and the Perry Mason of Sri Lanka out of a police cell at the Moratuwa police station on a Black X'mas night in the mid seventies.

At that time I was living at Moratuwa with my family in a house down the same road as Eardley's. In fact Eardley found this house for me and had told the landlord Jayasuriya that he should not bother me for the rent as he (Eardley) would pay the rent.

I returned from Eardley's after the usual X'mas 'banquet' (I would not insult Shirley Perera's culinary skills by calling it a X'mas lunch) which was always taken around 4 p.m. on X'mas day and thereafter usually the family dispersed to resume the revelries at their respective homes. I was then attached to Richard Peiris's and Hemaka Jayasekera who worked at Arpico told me that Anton, Eardley's youngest brother was assaulted by the police and taken to the 'cop shop'.

I thought 'Anta' would have got involved in a drunken brawl and rang up Srimathie Anta's wife and asked her 'Srimathi what is the problem with Anta?' An excited Srimathie yelled at the other end of the phone and said 'Forget about Anta. Mung Eardley aiyyata gahala!'

I jumped into my car and flew to Eardley's house only to learn that he had been removed to Kalubowila Hospital. Someone jumped into the car and started asking silly questions. I threatened to knock the day light out of the fellow and he realizing that I was not in a proper frame of mind promptly apologised and kept shut.

I sped in the Ford Prefect breaking all road rules and having made a screeching halt jumped out and started running.

Two other people were running too. One was Daya Perera, Eardley's friend and colleague and the other was a 'Sudda'. Whilst running up the stairs Daya introduced the 'Sudda' to me. 'Buddhika this is Ana; Ana this is Eardley's junior-Buddhika.

It was then that I knew that the 'Sudda' was very much a Lankan - Ana Seneviratne, then DIG Northern Range.

Fortunately Eardley was not hurt badly and was discharged from hospital that day itself.

The facts leading to this fracas was as follows. Earlier on, that X'mas evening Eard-ley's brother Anton and at that time a senior official at the Defence Ministry Lloyd Pieris had been playing cards at the house of Dr. Karunaratne, a Dental Surgeon who lived at Lunawa.

Lloyd had a son, Lalaka who was an officer in the Air Force and somehow there had been an exchange of words between the 'card' players and two constables on 'beat'. Exchange of words soon turned to an exchange of blows and the long arm of the law was made to do a 220 or 440.

Police assault
They soon returned with a posse of policemen armed to the teeth and hitting and kicking the small group of card players unceremoniously bundled them into the waiting police jeep and taken to the Moratuwa Police Station.

Now Eardley was a great benefactor of the police -specially the Moratuwa Police. During the 1971 insurgency, he fed the entire police station for weeks as the country was under siege. Whenever a policeman was charged criminally it was to Eardley that they turned to. These thoughts raced in my mind when Ananda Jayasena fellow Sokian and Ambalan-godayan who was the HQI Moratuwa pleaded with me to come to the station.

An excited Ananda told me how he saved Eardley from an attacking mob of policemen by putting him into the police cell. Having thus put him into the police cell, Eardley had to be legally released on a bail bond.

Knowing that the IG and all the top police brass would walk all over him, Ananda in his excitement despatched Eardley to hospital from where Eardley went home.

Ananda in the meantime had made the relevant entries which inter alia referred to Eardley being put in the 'lock-up'.

What happened was when Eardley had been informed that brother Anta and his friends had been taken to the police and hammered, Eardley himself went to the Moratuwa Police Station only to see his brother and his friend being given the 'works'.

Eardley had gone into the HQI's office and as the HQI was not in office was trying to use the HQI's phone to telephone him at his residence which was in the same compound when about a dozen of burly policemen set upon him.

At that time Eardley was a well-set strong man and he too managed to throw a few punches.

Boxer
(Eardley had been a boxer in his school days.) But he was grossly out numbered and over powered. Ananda, the HQI hearing the commotion came rushing to the station from his bungalow and the only way he could save Eardley from this Marauding mob was to push him into the cell. Quick thinking indeed!

So, I had to perform the noblest act in my professional life and sign a police bail bond for Eardley Perera's release from the cell.

Well, things did not end there. As expected orders came from above, left, right and centre and immediately a high powered inquiry commenced.

I watched the interests of the aggrieved party as Counsel and whenever the policemen sighted 4 Sri 1763, my car, I was given a standing 'hoot'. I had to sit through the night with Ananda in the HQI's office whilst statements of victims and witnesses were recorded. All the policemen were sent on compulsory leave.

Close upon midnight there was a total blackout. I thought that this was a deliberate plan to attack me. In the night I would not be able to identify my assailants and though a Karate brown belt 3, not equipped with night vision I would be a sitting 'duck' or even a 'dead' one.

I prepared for the worse and told Ananda not to come near me as I was going to bite anyone who came near me. At least the bite marks would help to identify the culprits I thought.

In about two minutes about a dozen cars came at breakneck speed with horns blaring and surrounded the Police Station along the Galle Road focusing the headlights at the station.

When the blackout occurred - it turned out to be a 'break-down' - Eardley's friends who were yet at his Uyana Road residence suspected what I myself feared and fearing for my life sped to the Police Station creating quite a bit of stir.

I was at the receiving end of all this as I was the only fellow who had to sit up all night. The victims and the witnesses all went home after their statements were recorded but the counsel in me had to remain until the last statement was recorded around 6.00 a.m.

Sinus
During those days if ever I broke rest I would get a thundering attack of sinus accompanied by a splitting headache which suffering only a fellow sinusitis would know.

Well, I had to be in bed with a medicinal cap (Hisakudichchiya) on my nut although the victims of the assault were still making merry.

I had a stream of callers when I at first guessed to be people wanting to find out the 'inside story'. But no. They were coming to see me - when they thought I was a victim of police assault as I had a 'bandaged head'. I realized this when someone asked whether my injuries were sutured!

To write about Eardley is no mean task even to an ex-journalist like me. One would not know where to start and where to end.

Eardley has told us to study the judge as much as we studied the brief. Eardley was always very courteous to the Bench and the Bar and expected his juniors to do like-wise. It is unfortunate that most young juniors of today are sadly lacking in court etiquette which was inculcated in us by seniors such as Eardley.

Eardley in his hey day had a booming, vibrating voice. He seldom raised his voice though, in cross examination and preferred to 'sail with the witness' and trap him at a most unsuspecting time.

At least two judges who also refer to Eardley as 'Boss' (not because they were his juniors, but because that was how I addressed Eardley and they knew it) when discussing him with me have told me separately that sometimes listening to 'Boss', you tend to forget the case.

Treat
In the good old days most indictable criminal cases were Jury trials. Eardley's addresses to the Jury were a treat to listen to.

It was when I was junioring to him that Addresses to the Jury came to be made in Sinhala. It was Mr. G. P. A. Silva, the Senior Pusni Judge sitting in Azzises at Galle who charged the Jury in Sinhala for the first time.

Eardley no doubt was more fluent is English and in those early days had to turn to me to write out the addresses in Sinhala not because I was well versed in the law but because being a journalist attached to the Janata at Lake House, I was well versed in Sinhala.

Eardley Practiced his Sinhala address even when taking a shower. Such was his pursuance he soon became well versed in his Sinhala addresses as well.

Prosecutor
Kumar Amarasekera was a brilliant prosecutor. An exceedingly interesting man, he always carried a 'Little Red Book' which he would refer every now and then which the unsuspecting judge and Jury thought to be a book of case references and authorities whereas it was a collection of jokes of the extremely adult variety.

Kumar was brilliant in his addresses to the Jury with his flawless English and rich vocabulary he held the Jury spell-bound. However with the introduction of Sinhala into Courts, Kumar went down under and from all reports he is doing very well in Australia.

However, Eardley's eloquence hit back at him at least once. He usually had several cases lined up. It was usual for him to start the day in the Galle Assizes, crash the case midway rush to Balapitiya for a couple of 'non-summaries' and 'do' Kalutara before returning home to Moratuwa.

One particular day Eardley was so sure that he would crash the case in Galle and would be able to 'do' Balapitiya around noon.

As expected with the first prosecution witness he went to town and reduced him to ashes.

A confident Eardley then put the question to the Judge. 'My Lord (as most Commissioners of Assize were Supreme Court Judges) is there any point in going ahead with this case?

The judge too addressed the Jury and explained the absurdity of the prosecution story as deposed to by the virtual complainant and asked the Jury to consider whether it was worth proceeding with the case.

'But', said the Judge 'you are the judges of fact. If you decide that you should not proceed with the case, then gentlemen, your decision has to be an unanimous one'.

With that the Jury retired and the Crown Counsel and other lawyers present started congratulating Eardley.

The Jury returned and the Registrar asked the foreman of the Jury whether they wished to proceed with the case.

'Yes!' came the answer; and Eardley was fuming.

The case went on for its full course with the addresses of Crown and Defence. The Judge summed up for an acquittal.

The Jury just went up to the Jury room and trooped back. The Judge, Counsel and everybody present were startled.

The Court Registrar got up and asked the usual question from the Foreman.

'Have you arrived at a decision?'

'Yes'.

'Is your decision unanimous or divided?'

'Unanimous'.

'By your unanimous decision, do you find the accused guilty or not guilty?'

'Not guilty' was emphatic loud and clear.

Later, the Foreman of the Jury who was known to me, confided in me that with the demolition of the virtual complainant by Eardley, they had decided that there was no case.

Surprised by this revelation I asked him 'then why the hell did you say you wanted to proceed?'

'We wanted to hear Eardley's address' was his curt reply. Little did he know that their pleasure cost Eardley dearly.

Ill
Eardley fell ill seriously and had to be rushed to the States for an operation. It was touch and go for Eardley. I think his life was saved by the blessings and good wishes, prayers and Pujas by a multitude of friends and well wishers.

I was in the States myself, having taken my 'gedara boss' (boss at home) for coronary 'By Pass' surgery and our own doctors who keep our flag flying high in the states.

Tom Mahendran, the Surgeon (Sometime surgeon in waiting to President Ronald Reagan) and Hemal Fernando the eminent Cardiologist, now back in Sri Lanka (both Tom and Hemal live in Beverly Hills mansions) were yet talking as to how Eardley nearly died on the operating table.

Mercifully Eardley survived, but he was 1/10th his size. In fact many people could not even recognise him. The chubby and cherubic Eardley had become almost like a walking skeleton.

Eardley, being a President's Counsel has the right to be recognised by the Bench. When a President's Counsel appears in court tradition demands that his matter be taken up first.

My friend and colleague M. A. (Amara-sena) Silva, the Chief Magistrate of Colombo, told me the other day that there was a lawyer seated for a long time in his court and Amare, being no respecter of persons paid no attention. 'After a longtime', Amare told me', that this lawyer got up and announced - 'Sir! I am Eardley Perera'. Amare a great respector of tradition and etiquette could not believe his eyes. He promptly said, 'Mr. Perera, I am sorry I could not recognise you' and promptly disposed of his case.

'Amare' as did many others first came to know Eardley through me. Alarmed at Eardley's physical appearance Amare asked as to how his mental prowess was after the illness. I told Amare as the Bard said looks are oft deceptive and Eardley still possessed his incisive brain and analytical prowess.

He used to ask me to read a brief and then with his eyes closed falls into almost a trance. To the untrained eye Eardley was fast asleep.

'Stop'! Eardley would say. 'Go back a few paragraphs and read'. He would merely listen and grasp the point whereas I would blindly by-pass it.

Victories
Many have asked me as to how Eardley fared in Court now. True he is not the Eardley Perera of twenty years ago. But even now he pulls out victories which to us seemed impossible.

'To the doubting Thomas's I narrated what happened in the Matara High Court in 1993. There was a political murder where the deceased was a strong SLFP supporter. The first witness for the prosecution was none other than the affable Mahinda Rajapaksa, the Minister of Fisheries and Aquatic Resources who himself is a very able lawyer and a junior of Eardley's in many a case.

Mahinda, though not a minister was an MP then and Eardley proceeded to tear Mahinda's testimony to shreds. He addressed the Jury which was predominantly a pro-Rajapaksa Jury as Mahinda and his entire family are the uncrowned kings of Ruhuna.

Eardley began his address by praising Mahinda. How glad he was that one of his juniors continue to serve the people as his forefathers did and how he wished him well in his chosen political career.

But compliments apart Eardley demolished Mahinda's evidence so much so that his own compatriots of Ruhuna in the Jury brought in an unanimous verdict of 'not guilty'.

When I teased Mahinda in Parliament he said 'Machan it was Eardley's sheer brilliance. The foremans told me that he believed my evidence, but listening to Eardley's address, 'we gave the accused the benefit of the doubt'. The gentleman he is, Mahinda went to Eardley's house to congratulate him. 'Sir; Mare marune' was what he said.

Chauffeur
His favourite chauffeur was a dark sturdy, dare-devil of a man - Soloman-from Bulath-sinhala.

Suffice it to say that once Eardley left Kurunegala DC after a 'D.C. crim' at 11.30 a.m. and was on his feet at Balapitiya by 2.30 p.m. much to my annoyance as I missed by 'bath curry' and had to be content with sandwiches which we munched in the car.