TRIAL OF JOHN KOTELAWALA (Snr) AND TWO OTHERS
Saturday, September 15, 2018
There were several families that made a fortune in the latter part of the 19th Century. Mudliar D. P. Attygalle of Madapath, Piliyandala was one such person who amassed enormous wealth. In addition to huge tracts of coconut land he also owned several plumbago mines, namely Kahatagaha Mines and Maduragoda Pits. Plumbago was in great demand at that time, and tons of it were shipped to England for the manufacture of pencils etc. There were no ball point pens then.
The Mudliar had three daughters, and an only son named Francis Dixon Attygalle. The eldest of the daughters was Alice.
John Kotelawala (Snr) was also from the same village. He joined the Police, which was then known as the Ceylon Constabulary, in the capacity of a Police Constable. He was a very able and daring police officer and within a few years rose to the position of a Police Inspector. At that time most police inspectors were British. He was a man of guts which earned him early promotions. He became known for busting up gambling dens, the most famous being the one portrayed in the play Nainage Sooduwa.
It is not known whether the Mudliar’s eldest daughter married John Kotelawala on a proposal, or whether it was a love affair. She and John Kotelawala (Snr) had three children. They were Sir John Kotelawala one time PM, who married and divorced Effie Dias Bandaranayake, Justin Kotelawala Barrister (who married the daughter of Sir A.M.de Silva FRCS) and Freda, who married C.V.S. Corea (Sid), one of the earliest men to specialize in Homeopathy. Fred’s son was Dr Gamini Corea of UNCTAD fame and Justin’s son is Lalith Kotelawala of the Ceylinco Group.
It is not known whether the Mudliar approved of Alice’s marriage to John Kotelawala (Snr). A few years after this marriage Mudliar Attygalle died leaving an unlettered widow, two unmarried daughters and a school going son, Francis Dixon, who was attending Wesley College.
In order to manage the enormous Attygalle Estate, John Kotelawala (Snr) resigned from the Police, along with Singhoni Perera, who served as a Police Sergeant under him. It is reported that John Kotelawala (Snr) appropriated a major portion of the profits from the coconut estates and the plumbago mines. It was so much over and above his wifeâ€™s share, that his mother-in-law D. P. Attygalle was forced to file several cases in the Kurunegala District Court to eject him from the management. Her son Francis Dixon left Wesley College at the early age of 16 years, but he was too young to pit his strength against his brother-in-law John, who was a veteran ex-police officer.
Jayawardene family and the Attygalle family
On Mrs Attygalle making representations to the Governor of Ceylon, Francis Dixon though a minor, was conferred Letters of Venia Aetatisâ€, making a Major out of a Minor, using the Governor powers. When Alice and Johns’s children were yet of tender age, Francis Dixon’s second sister married Engineer Col T.G. Jayawardene an uncle of the late President J. R. Jayewardene. Col T.G. had four-lawyer brothers; Justice E.W. (King’s Counsel), Justice A St V (Kings Counsel), J.S. and J.Q.
John Kotelawala (Snr) knew that with the union between the Jayawardene family and the Attygalle family, his ability to appropriate the bulk of the proceeds of the Attygalle Estate would be severely curbed. At the wedding in Madapatha Walauwa, he made derogatory remarks against the Jayawardenes, referring to them as Thambiya- Mohameddans. The grandfather of these five brothers was a Thombu Mudliyar who had migrated to Ceylon from the Coromandal Coast during the time of the Dutch. Francis Dixon was infuriated that his brother-in-law to be and his family were insulted. Thereupon he went up to John Kotelawala (Snr) and gave him a slap. John (Snr), in the presence of the congregation, told Francis Dixon, umba denaganning yakada habalapethi kevai kiyala, meaning, you are too small but know ye that you are doomed.
Thereafter, he planned the murder of Francis Dixon with the help of his former Police Sergeant Singhoni Perera. He floated a bogus company called Ceylon-Japan Trading Co and set sail to Japan, to create an alibi for himself.
Singhoni Perera enlisted the assistance of his cousin Baron Perera, and the two of them found in Piloris alias Pila, a man who could kill by shooting. Not even the first World War had broken out and there were very few people who could handle firearms. Piloris was from Wadduwa and is said to have fought in the Boer War, under the command of Winston Churchill.
Singhoni and Baron bought a gun from Walkers for the princely sum of Rs 25. For a few days, they kept Piloris in a room in Pettah. They made certain that Piloris did not know their identities.
Francis Dixon Attygalle who was then managing this vast fortune, was in the habit of residing at the house of C.P. Dias, his former Wesley College Head Master whenever he came to Colombo. Mr Dias was a highly respected person and was a Municipal Councillor. In that era, it was prestigious to be elected to the CMC. Dias Place in Pettah is named after this gentleman.
One night, when Francis Dixon was on the verandah of the Dias residence, Singhoni and Baron took Piloris near the fence, with instructions that Piloris should open fire, when Francis Dixon comes out to the garden, and when he is properly identified as the victim. There was no electricity way back in 1905. Things worked according to plan. Singhoni called out, Francis, Francisâ€, and Piloris opened fire as Francis Dixon came out. Then Singhoni and Baron made a quick get away, having given strict instructions to Piloris to return on a particular route. The plan was for Singhoni and Baron to kill Piloris on his return journey.
He was a hired assassin and was paid some money with the promise that the balance would be paid when the job was complete. It dawned on Piloris that he should not return on the designated route and that now, his own life could be in danger. He was intelligent enough to know that the safest place would be the cell in a police station. Therefore, he went straight to the Police and told them that he had shot a man totally unknown to him.
Francis Dixon, apart from John Kotelawala (Snr) had other enemies in his estates, because he was a strict disciplinarian. Kotelawala (Snr) though an ex-police officer, was not too popular with the British police officers. He was then the president of the Carters Association of Colombo. In those days, the mode of transport was bullock carts. There were no lorries and vans.
Francis Dixon Attygalle died in hospital after a few days without wanting to make his sister Alice a widow, by implicating his brother-in-law, but left all his properties in a death bed, Will, to his other two sisters; Mrs T..G. Jayawardene and the youngest sister, who later married F.R. Senanayake, the father of R.G. Senanayake and brother of D.S. Senanayake.
F.R. died at the age of 44 years. He was a barrister. Had he survived, F..R would have been our Prime Minister and not D. S. Senanayake.
Soon after, Alice sent a cable to her husband in Japan, Francis died. Funeral took place. The fool John Kotelawala (Snr) cabled back, Who shot him? By his stupidity, he gave the show away! Intelligence was never the strong point of the Kotelawalas.
British police officers found Kotelawalas cable very strange. How did he know, thousands of miles away in Japan, that Francis Dixon died of gunshot wounds? There were no telephones then, no radios, no TV. Soon thereafter Singhoni sent a cable in code; Cow calfe, which was deciphered to mean, job accomplished. The police patiently waited, and as John (Snr) landed at the Colombo Jetty, they arrested him and took him to the Police Magistrate of Colombo. Kotelawala (Snr) got cold feet, made a confessionary statement implicating Singhoni and Baron as co-accomplices.
The police were not interested in Piloris. The Attorney General with the powers vested in him made Piloris Crown Witness, provided he spilt the beans. Because of the personalities involved and the gruesome manner in which the young man was killed, it evoked much attention. This was the FIRST SENSATIONAL MURDER TRIAL IN CEYLON.
Three English Barristers were retained for the three accused. Eardley Norton a top criminal lawyer from Madras was retained for John Kotelawala (Snr), Thomas Thornhill a criminal lawyer from Calcutta for Singhoni and F A Hayley, uncle of Chas P Hayley appeared for Baron.
The Trial came up in 1906 before Justice Wood-Renton (later Chief Justice), in the Colombo Assizes, and went on for several days. On the day of the verdict, it was crystal clear that these accused will be sentenced to death.. John Kotelawala (Snr) had cyanide smuggled into his cell and committed suicide. Singhoni and Baron were sentenced to death.
The Carters of Colombo got into a frenzy thinking that their Boss had been killed by those who appeared for the prosecution. They were so ignorant that they did not understand the niceties of a fair legal trial.
The prosecution was conducted by Acting Attorney General Walter Pereira (KC) who later became a Judge of the Supreme Court. He is responsible for the Laws of Ceylon. His house was the present Pettah Kachcheri. Pettah was then, a highly residential area. Walter’s son Aelian Pereira, became a top class jury lawyer. According to him, hundreds of carters stormed his fatherâ€™s house and was about to attack him and his young family. One carter started climbing the front steps. Walter Pereira got hold of this man and threw him into the crowd and amazingly, the whole crowd dispersed and walked towards Galle Road Asoka Gardens Junction, to the house of C M Fernando, (the first Ceylonese Crown Counsel) who assisted Walter Pereira in the prosecution. C M Fernando was the brother of Sir Marcus Fernando. Sir Marcus was then a member of the legislative council. These two brothers were married to the daughters of Sir Charles De Soysa. C. M. Fernando on hearing of the crowd approaching went into hiding with his family. The crowd smashed up his house.
Thus ended the first sensational Murder Trial in Ceylon.
(The writer is a President Counsel)