News
Justice Minister tables Bill to amend Criminal Procedure Code to introduce pre-trial process to High Courts
By Saman Indrajith
Justice Minister Ali Sabry yesterday presented a Bill for the approval of the House to amend the Code of Criminal Procedure Act, No. 15 of 1979, to introduce a pre-trial procedure to High Courts.
The Bill envisages to provide for pre-trial procedure enabling two disputing parties to negotiate with lawyers in a conference so as to curtail a lengthy trial period. The aim is to ensure that all pre-trial activities are concluded before the case is heard before the trial judge.
To be cited as Code of Criminal Procedure (Amendment) Act, No. of 2021 the legislation is expected to shorten the trial period or even to bring a resolution to the disputing parties before the case goes to trial.
The Bill says that a “pre-trial conference shall be held- (a) upon indictment being served on the accused in terms of section 195, in the presence of the accused; or (b) where the accused is not present due to any reason specified in paragraph (a) of subsection (1) of section 241, or where it is not possible to serve the indictment on the accused due to the reasons specified in paragraph (b) of subsection (1) of section 241, in the absence of the accused.”
“A pre-trial conference shall be held with the participation of- (a) the Attorney-General with regard to proceedings instituted by the Attorney General or the Director-General for the Prevention of Bribery and Corruption with regard to proceedings instituted by such Director-General, or an officer authorized by either the Attorney General or the Director-General as the case may be; (b) counsel, if any, appearing on behalf of the accused; (c) the aggrieved party or the counsel, if any, appearing on behalf of the aggrieved party, on the application of such aggrieved party or such counsel to participate in the pre-trial conference; (d) the officer in charge for the time being of the police station in which the investigation in respect of the offence has been conducted or an officer representing him; and (e) an Attorney-at-Law or any other officer permitted by the Presiding Judge to participate,” says the Bill.
A pre-trial conference shall be presided over by the High Court Judge or the Recorder Judge.
The High Court has convicted 14 of the 24 men accused of being directly involved in the 2019 Easter Sunday bombings, which killed 279 people.
The three-judge bench read out its decision on Tuesday after a five-year trial and said sentencing would take place later, the AFP news agency reported.
The charges included murder and conspiracy to commit terrorism.
Nine others were acquitted, while another defendant was found guilty of only some of the charges, the court said.
[Aljazeera]
By Shamindra Ferdinando
The ruling NPP yesterday (21) dismissed claims of a widening rift, within the government, over the proposed 22nd Amendment. Asked whether the NPP was concerned over a section of the Opposition alleging Prime Minister Dr. Harini Amarasuriya and two dozen MPs taking a view contrary to that of the party in this regard, authoritative party sources said some persons were propagating speculation for their own interest.
Declaring that there was absolutely no issue regarding the controversial Amendment, sources emphasised once it was tabled in Parliament, it would be passed with 2/3 majority.
Sources dismissed claims that out of its 159-member parliamentary group a section of NPPers was opposed to the government move. According to an influential Opposition activist, there are 57 JVPers and 66 NPPers in the government group and the rest contested the last parliamentary polls, having aligned with the JVP.
Ministerial sources told The Island that the government was confident of going ahead with the 22nd Amendment and Judicature (Amendment) Bills. Sources said that the NPP was not bothered about the Opposition protests in and outside Parliament.
Speaker Dr. Jagath Wickremaratne is expected to disclose the confidential ruling that he received from the Supreme Court in respect of more than 65 petitions for and against the 22nd Amendment and Judicial Amendment Bills. The enactment of the 22nd Amendment would pave the way for extending the retirement age of Supreme Court judges, from 65 to 67 years, and Court of Appeal judges, from 63 to 65 years.
President Anura Kumara Dissanayake has appointed Court of Appeal Judge Mayadunna Sri Mevan Anthony Edirimannasuriya Corea as the Acting President of the Court of Appeal.
The appointment has been made as President’s Counsel Nalin Rohantha Abeysuriya, who currently serves as President of the Court of Appeal, will be overseas until the 24th.
Accordingly Justice Mayadunna Corea was sworn in as Acting President of the Court of Appeal before President Anura Kumara Dissanayake at the Presidential secretariat last morning (21).
Secretary to the President Dr Nandika Sanath Kumanayake was also present at the occasion.
High Court convicts 14 over deadly Easter bombings
Mandhana, Shafali and Ghosh lead dominant India to Asian Games gold
Fatima Sana and Umm-e-Hani secure bronze for Pakistan in Asian Games
India bat first in Asian games womens cricket final
Showers about 100mm will occur in the Western, Sabaragamuwa, Central and North-western provinces and in Galle and Matara Districts
Govt. confident of 2/3 majority despite NPP split speculation
‘Dates have the highest sugar content to fight Coronavirus’
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