Opinion

Professor Lakshman Marasinghe

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(10 March 1934 -1 January 2023)

Professor Lakshman Marasinghe a world recognized authority on Private International Law, and a scholar of international repute, passed away on January 1, 2023. His loss is a blow to the scholarly pursuit of law both in Sri Lanka and around the world. Professor Marasinghe had a long and distinguished teaching career holding appointments as Visiting Professor of Law in many universities around the world.

He held an LLB degree with first class honours from University College, London followed by an LLM with distinction and a Ph D. He was an Emeritus Professor of Law at the University of Windsor, Canada, and Visiting Professor of Law to many universities around the world including University of New South Wales, and University of Western Australia, Hong Kong,and Singapore. He was recently appointed to the Editorial Board of the Journal of Commonwealth Law and Education by the Commonwealth Secretariat.

Born in Walahapitiya, a town near Chilaw where his father was a leading Proctor and later to be Crown Proctor, Prof Marasinghe had his secondary education at Royal College in Colombo. In school he showed no signs of the outstanding career that lay ahead, when he had to repeat his first year at Royal. Having enrolled in the last year of the Principalship of EL Bradby, Mara as he was fondly called by his classmates, found that at the end of the first year he was called upon to repeat. As a result he was compelled to join the students who enrolled in the school in 1946 of which batch I was one.

That was where our friendship began – 77 years ago. His inability to keep pace in school during the early years may be attributed to a pronounced stutter in his speech which may have not only affected his studies and progress in school, but also his self confidence. His progress in school was ordinary, and like most of us, he opted to choose science as his area of specialization with a view to a career in medicine. Having unsuccessfully made two attempts at gaining entry to the University of Ceylon, he set sail to the UK in 1955 with the aim of making another go at the elusive medical career which did not seem to beckon.

He then decided to do law and enrolled at the University of London. This was the turning point in his career and indeed his life. He finally turned to the career which not only beckoned him, but also embraced him, and was indeed the chosen one for him, if one were to believe in anything called ‘pre ordained”! A truly illustrious career in law followed. His valiant attempts at getting a foothold in a medical career disappeared as did indeed his stutter. Miracles do happen!

We lost contact with each other for many years when one evening in 1999 my phone in Sydney rang and when I answered the caller exclaimed in Sinhalese “Oya Karu da”? I had not spoken in Sinhalese for many years and I was quite surprised but managed to say “Ow mey Karu thamai” to which the caller replied ” Mey Mara katha karanne”. I only knew one Mara and the voice still sounded like him, and that was the beginning of a renewed friendship.

Mara and his then wife Farida were living in an apartment within the Campus of University of New South Wales where he was on a three month assignment as Visiting Professor. There was much catching up to do, and his many assignments with the University of New South Wales, and many shared meals between our families helped us immensely towards that end. I recall the many occasions on which during visits to Sri Lanka my wife and I enjoyed his hospitality in his home in Davidson Road, Bambalapitiya, the rooftop of which was a splendid setting for hosting a meal. He had a well stocked bar, but was not partial to alcohol, only occasionally taking a glass of wine, but that did not deter him from playing the role of a gracious host.

Sometime in I 1998, I together with some friends had launched the Ceylon Society of Australia of which Mara became a member within a year of its establishment. He was also a speaker at one of our meetings where he spoke on pending constitutional reforms in Sri Lanka. About this time he was appointed Chairman of the Law Commission of Sri Lanka and was the legal Director of SCOPP – the Secretariat for Coordinating the Peace Process during the days of the Civil War. He was also a member of the Panel of Experts overseeing the transfer of power from the existing South African Govt to its post apartheid successor and was an integral part in the formation of the constitution of the latter.

The variety of his involvements in his professional life seemed to keep his restless spirit in control. He was always a rationalist, but practical in his views. He was active professionally till his last days when he was stricken with an illness which confined him to bed until his sad passing on New Years Day in 2023. His wife Rohini a lawyer and former judge of the Supreme Court has been a tower of strength to him, and is now destined to walk alone. Rohini currently serves as the Chairperson of the Human Rights Commission of Sri Lanka.

Lakshman Marasinghe leaves a legacy of acclaimed interventions on behalf of aggrieved persons and institutions in pursuit of justice. He is survived by his wife Rohini, former wife Farida, and Leelan, a son by the latter, with all of whom we condole on their sad loss. I grieve the loss of a dear friend from childhood days.May Lakshman Marasinghe attain the Supreme bliss of Nirvana

Hugh Karunanayake

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