The Hon. (Mrs.) Hiruni Wijesinghe, Attorney-at-Law

¶ 01 Hon. Deputy Speaker, we are debating the Second Reading of the Code of Criminal Procedure (Amendment) Bill. Its passage will foster a progressive discourse in the legal sphere and society. Ordinarily, one must go to court to give evidence. After this Bill, under defined conditions, people can give evidence without physically attending.

¶ 02 From here on, citizens can testify from home when eligible. Those abroad who otherwise spend Rs. 500,000–600,000 to travel can testify from where they are. The Bill is crafted to benefit all communities: the elderly, persons with disabilities — who face great hardship accessing many court buildings lacking facilities — will no longer need to attend in person to access justice. Children in probationary care too can appear from their location, avoiding exposure to hardened offenders during prison-bus transports. Even before this Bill, during COVID-19, progressive judges conducted proceedings via Zoom and Skype; this Bill grants such practice a legal framework.

¶ 03 Our Government pledged to digitize the State. Within months, under the Ministry of Justice, we now take the first step to digitize the justice sector. As a practicing lawyer, I know the courts remain in the paper age; this Bill lets us step into the technology age.

¶ 04 Past governments repeatedly amended the Constitution to entrench power — 17th, 18th, 19th, 20th, 21st Amendments — and would have continued. Fortunately, with the National People’s Power Government, there will be no such power-grabbing amendments. Instead, we swiftly reform laws in response to social needs.

¶ 05 We have witnessed shootings at court premises: first at Negombo, then Kaduwela, Mount Lavinia, and recently at Aluthkade after this Government took office. Prison transports have been ambushed as well. Within three months, we have acted with this Bill to protect public safety. “Prisoners are human beings” is emblazoned at Welikada. The State must protect their right to life. Where it is unsafe to transport suspects, proceedings can be conducted from prison; likewise, where strong public passions risk disorder, remote presentation is possible.

¶ 06 I know a case: a Jaffna resident had a case at Aluthkade or Colombo. He would board the Yal Devi the day before, or risk delays — once a carriage broke and he arrived late, earning a warrant. Or he would incur big costs to stay in Colombo. Now, anyone from anywhere can appear without entering the courthouse. Judges too often travel to take evidence, halting proceedings and delaying many cases; with this system, evidence can be taken while the court’s daily work proceeds. Police officers posted far away can also testify from their stations, reducing adjournments.

¶ 07 This is a progressive Bill. I view it as the first step to transform the Mentions Court into a digital court system. We seek the cooperation of the Bar and the public to implement it successfully.

¶ 08 Finally, I note Anudi Gunasekara is representing Sri Lanka at Miss World and is in the head-to-head finals. On behalf of Sri Lankan women, I extend best wishes.

¶ 09 Thank you, Hon. Deputy Speaker.