The Hon. Harshana Nanayakkara, Attorney-at-Law - Minister of Justice and National Integration

¶ 01 Thank you, Sir.

¶ 02 Hon. Nizam Kariyapper, as for your intention, I applaud it. We all want cases concluded quickly and courts to deliver good customer service—it should not hang over a person’s life like the sword of Damocles.

¶ 03 You also suggested jury trials. You and I know if one opts for a jury even today, a case can finish in five days. But nobody opts for jury trials. Before beating the cart-pulling ox, we must check whether we have fed it—an unfed animal will not pull.

¶ 04 We need not tell the Attorney-General how to prosecute—this is a century-old institution—but they are overloaded. There are 606 cadre vacancies; 250 officers short in key areas. On the criminal side, we know the workload. The AG’s Department functions with half its cadre despite difficulties; they deserve respect.

¶ 05 Distrust of the AG and Judiciary stems from political interference and attacks. When Ministers berate judges here for not getting desired orders, or when social media spreads falsehoods about the AG—who does not issue press statements—public trust erodes.

¶ 06 It is our duty in the NPP to restore credibility to the AG, the justice system and all actors. We are aware of the AG’s massive challenges: 97 officers in the Criminal Division, 93 in active service; 66 prosecuting in High Courts, 27 seniors supervising while handling court and advisory work. Juniors conduct long, complex trials daily and must recommend charges or discharges. This is professional work, not mechanical; it requires time and resources. Most officers work weekends and public holidays. Outstation State Counsel lack staff beyond office assistants.

¶ 07 Before appointing a Select Committee, we must: fill cadre vacancies at all levels; consider special allowances for weekend/holiday work; and have joint training with foreign prosecutors to build expertise. Rather than criticism, we should support the AG. Though under my Ministry administratively, the AG is independent; I cannot direct prosecutions. Our duty is to safeguard that independence and support officers who also have families but lack quality time.

¶ 08 We will provide the necessary resources. We are already recruiting at the Government Analyst’s Department, which also struggled with no recruitments in the past two years. Salary structures until recently were not competitive; to retain talent, the Judiciary and AG’s Department should be treated as special categories. Our core Government promise is to combat corruption and establish the rule of law; therefore, these institutions must be strengthened.

¶ 09 I oversee two independent institutions—the Judicial Service Commission and the Attorney-General’s Department—and I will fight to protect their independence from any politician. Unfortunately, media reporting can be unfair to these institutions.

¶ 10 We must work with the JSC—they have plans. If not for the dedication of judges, AG’s officers and court staff, the system would have collapsed given the resource constraints. We will engage both the JSC and AG to address case delays and their problems. This is a country that has decayed; we cannot have a decayed justice system. We will not criticize judicial or AG officers—we will fully support them as part of one team.

¶ 11 We are bringing amendments to the Code of Criminal Procedure. A primary cause of delay is witness non-appearance and security issues, as seen in the February incident inside court. We will introduce audio-visual links so that any witness can testify from where they are, which will significantly reduce delays. We will also fast-track investigations and indictments to prevent evidence decay—this is primarily for the Police to address.

¶ 12 In conclusion, Hon. Kariyapper’s ideas are good and we accept them as policy. But as Hon. (Ms.) Lakmali Hemachandra said, a Select Committee may be premature. Let us first feed the system with resources—we have identified the shortages. The professionals know their jobs; they need genuine help none has provided. We will give material and resource support now. If after a year or two things still do not move, we can consider further measures. People cite the UK, Australia, Singapore—give us a Treasury like Singapore or England and we will promise a Judiciary like theirs. Within our limits, we will do our best.