Minister of Megapolis and Western Development, Patali Champika Ranawaka in June urged the need for special courts to be introduced to expedite trials, especially, with regard to large scale corruption cases. The term ‘special court’ refers to a court which deals with a particular field of law with limited jurisdiction. Although the country is not familiar with the term, ‘Special Courts,’ it is a fairly popular term around the world.
Minister Ranawaka, speaking to the Sunday Observer, expressed the view that the existing court system cannot handle the number of cases presented before them, and therefore, it takes time to resolve them. “It simply does not have the capacity. I strongly believe, we need special courts equipped with power to investigate and prosecute,” he said.
Elaborating as to why such courts are necessary, he said, once such courts are introduced, there will be no room for manipulation. And, no person will be able to interfere with the decisions of such courts since it will be an independent body. “For example, there had been cases where manipulation took place at the Government Analyst’s Department. And, incidents that occurred in the recent past has proved that the law is not applied to everyone equally,” added Ranawaka.
The Minister, pointing out another issue said, there is a tendency that the higher courts control the decisions of the cases in lower courts. Expressing his displeasure on the matter, Ranawaka said, such interventions should not take place and are unacceptable. “By doing so they are protecting the criminals with the help of Fundamental Rights cases,” he said.
Ranawaka was also of the view that the media has started to interfere with court cases by expressing their opinion as regards matters relating to cases still being heard in court. “They have learnt of incidents where the media has sometimes given the judgement before the courts decide on the matter. Hence, there is confusion of the functions of the institutions in the country.”
The Minister suggests that the country should adopt a system similar to those in countries like Hong Kong and Singapore. He reiterated, if a special court is introduced for any special case the courts should make sure that it is thoroughly investigated, prosecuted and ensure a fair hearing .
He revealed the fact that he had already suggested to the government to bring all these tasks under one independent body, on January 21, 2015. “But they did not give a favourable response. Now, after two years they have realised that the existing court system is an utter failure”, he said.
Ranawaka said, through an Act of Parliament a special court can be introduced to the system, “It is just a matter of getting the consent of Parliament,”
Senior Lawyer and anti corruption campaigner, J.C Weliamuna expressing his views, said, a country needs to have an expeditious system to try corruption cases. “In other countries there are special courts, with specialised judges only to hear corruption cases. In our country also we have specialised courts, such as the Labour Courts and Commercial Courts.
He believes it is best to have specialised High Courts, from the existing courts, dedicated only to try corruption cases. “Then no one can say the judges are biased.”
When contacted by us, the President of the Bar Association of Sri Lanka (BASL), Geoffrey Alagaratnam said, special courts are ideal for “White-collar crimes” and not for ordinary ones.
“Therefore, it is perhaps more desirable to have specialised systems dealing with that type of matter rather than the ordinary courts,” said the BASL President. However, he said, there is a need for a certain amount of capacity, technology and other resources, if we are to introduce special courts, depending on the type of evidence, proof and nature of the case.
Explaining the disadvantages of having special courts, Alagaratnam said, the judge might set his ways on prosecution or set his ways on defence.
“When a particular judge serves on the same subject matter for a long time, perhaps, he might stick to his ways. It is the only problem I see if such a special court is established,” he added.
Alagaratnam reiterated the fact that special courts are necessary, provided the country can afford them.
“Since it is especially for sophisticated kinds of crimes, we need more capacity, ability, expertise and technology. I do not think it is impractical provided the country can afford it,”he said.
Deputy Minister of Power and Renewable Energy, Ajith P Perera said, there is no need to introduce new laws, but the authorities can use the existing High Courts in Colombo and have a trial at bar for such sensitive cases. “I personally think exclusive courts for corruption cases and specialised judges in the area of law, are what is needed, once such courts are established”.
Former Senior Additional Solicitor General and PC, Srinath Perera suggested that since corrupt practices being perpetrated are highly sophisticated and carried out by powerful individuals, and are sometimes effected beyond the shores of the country where the assets are transferred to foreign countries, persons entrusted with investigations should be given proper training. Even the judges should be given proper training relating to high valued commercial crimes involving state property or funds. He said, such officials are not properly trained to track down such highly sophisticated transactions.
He also suggested new laws should be enacted to forfeit or confiscate the assets of culprits found guilty, even if such assets are being transferred in the names of third parties, and serial amendments be made to the Constitution itself, making it possible for laws to be passed with retrospective effect.
Perera said, setting up one more court to try high valued corruption matters exclusively related to state property, can be done under the present system itself. But, he said, it is not going to help the situation unless various other factors are taken into consideration and remedied.
However, he expressed his doubts as to whether the people will show interest to put an end to corruption.
“If the rulers are really interested a committee should be set up consisting of local and foreign expertise to study these types of cases. If they do not do that, this culture will go on and people who have power and money will continue committing such crimes,” Perera said.