The Hon. (Mrs.) Thushari Jayasingha, Attorney-at-Law

¶ 01 Thank you, Hon. Deputy Speaker.

¶ 02 We are debating today the Bills presented by the Hon. Minister of Justice. There is a saying that lawyers and crows have something in common — both are associated with dates. Lawyers are often blamed for seeking dates and causing delays. However, in practice, we must consider the reasons cases get postponed and what benefits flow from reforms that prevent delays. Though long prepared, these amendments are only now before this august House for Second Reading.

¶ 03 When a witness has difficulty physically appearing, enabling digital participation can prevent adjournments. Under proposed Section 273A in Clause 5 of the Code of Criminal Procedure (Amendment) Bill, the role of a Commissioner is set out, including appointment to record evidence where appropriate, and how a Commissioner may connect from a remote location to the proceedings and link up witnesses. We have long needed this.

¶ 04 We have recently seen unfortunate incidents when producing suspects and accused in court. Where there is a threat to the life of a suspect, accused or witness, provisions like those in Clause 2 — proposed Section 144A(1)(a)-(d) — will allow, for example, remand extensions or bail hearings via electronic means without physical production. That is as it should be. Recently, a certain monk made incendiary, extremist statements dragging even a Cabinet Minister’s name, inciting communal anger. We are not extremists; we are on a progressive path, respecting all communities and religions. Our conduct regarding the starving children of Gaza showed our humanitarian approach. Therefore, do not weaponize trivial matters with racism.

¶ 05 I recall riots in Digana in my Kandy District following similar rhetoric, as well as issues in Deraniyagala and in my birthplace, Beruwala. We saw angry crowds even overturning barricades at court. With these reforms, such matters can be handled electronically without risking order or safety. Prisoners are human beings; their lives must be protected, and court processes must not be obstructed. If these provisions had existed then, proceedings could have been conducted remotely from prison.

¶ 06 We also know that child victims often face trials years later. I recall a personal case: a girl abused by her uncle’s employer’s son. Years later, the case reached the High Court when she was an adult, married, with an infant. Her husband, an officer in the security services, asked me if she could testify without coming to court, as they feared exposure and practical difficulty with the infant. Then, I had no answer. With these reforms, we will have one: yes, evidence can be given without appearing in person. Survivors should not be re-traumatized or forced into public exposure years later.

¶ 07 There are also accused who wish to expeditiously conclude cases but cannot physically attend — sometimes living abroad under threat but willing to resolve matters through counsel. These provisions will facilitate that. We have also seen accomplices who turn State witness often remain in remand, with limited access to counsel; they too can benefit from remote access for counsel and testimony. We are far behind the world in using technology; we must move forward.

¶ 08 Further, women face unique health challenges like menstruation — for which medical certificates are rarely issued — causing practical difficulties in travel to court. Today, the world speaks openly of period poverty; a Sri Lankan, Anudi Gunasekara, through the “Saheli Foundation”, has drawn attention to it. I extend congratulations.

¶ 09 Considering all this, I believe everyone recognizes the importance of enabling participation in proceedings when physical appearance is not feasible.

¶ 10 Thank you.