The Hon. Priyantha Wijerathna, Attorney-at-Law

¶ 01 Hon. Deputy Speaker, today we debate the Code of Criminal Procedure (Amendment) Bill and the Foreign Loans (Repeal) Bill.

¶ 02 I first looked at how long other jurisdictions have had similar provisions. It is evident Sri Lanka lags behind in leveraging technology in justice. The legal mechanisms we now propose were embedded decades ago elsewhere — Australia in the 1990s, followed by Canada, Mexico, New Zealand, the United States, Brazil, Argentina, the United Kingdom, Russia, Sweden, and our neighbour India.

¶ 03 The Bill to amend the Code of Criminal Procedure Act, No. 15 of 1979, is structured across three areas. It introduces new Sections 144A and 144B; adds 241A and 241B to the principal enactment; and inserts Sections 273A to 273D.

¶ 04 Through 144A/144B and 241A/241B, an accused or suspect may address preliminary matters without physical production in court, including on calling dates and via video to observe proceedings. The 273A–273D set enables witnesses to give evidence remotely, including expert witnesses from State institutions, and permits filing of documents to court electronically.

¶ 05 The key value is that witnesses or accused who cannot physically appear — due to threats, age (minor or elderly), or being overseas — can still participate. One major cause of delay has been the failure of accused or witnesses to appear. We have seen main witnesses going abroad leading to acquittals or cases collapsing. Now, via missions abroad, testimony can be recorded without physical presence.

¶ 06 Equally important is safety. We all recall the string of shootings targeting suspects and accused at or around courts and prison transports: Noel Amarasinghe inside prison; Chinthaka Amarasinghe at Negombo Court; the 2015 shooting at Kaduwela Court at “Samayan”; the 2017 prison bus ambush killing “Samayan” and others and two prison officers; the 2022 shooting at Mount Lavinia Court; Dhammika Amarasinghe shot at Aluthkade Court on 09.01.2004 by a gunman posing as a law student; and on 19.02.2025 “Ganemulle Sanjeewa” shot inside a courtroom. This amendment allows proceedings to continue without physically bringing such persons, enhancing safety.

¶ 07 Expert witnesses can also testify remotely, saving days of travel and lost court time — obtaining only the time needed for evidence. Electronic filing of documents will reduce wastage of time and funds in courts and prisons. Lawyers may wonder if there are loopholes; the Bill carefully limits misuse of remote testimony and addresses communication failures and connectivity issues.

¶ 08 This kind of legislation, adopted decades ago elsewhere, now comes under the National People’s Power Government. I am pleased to support it.

¶ 09 Thank you, Hon. Deputy Speaker.

¶ 10 Next, the Hon. Sajith Premadasa. You have 15 minutes.