Further amendments to 'Mutual Assistance in Criminal Matters' Bill

An amendment to the Mutual Assistance in Criminal Matters (MAICM) Act of 2002, which the Government presented to Parliament recently, will be further amended in keeping with the determination of the Supreme Court (SC), which found several of its Clauses inconsistent with the Constitution.

One of the features of the Bill that will be amended during the Committee Stage debate, is the introduction of a “Competent Authority” to receive and

process Mutual Legal Assistance Requests” and the powers to be vested with such an Authority.

This Clause was challenged by the 3 Petitioners who invoked the jurisdiction of the SC, challenging the Bill's Constitutionality.

The MAICM Act of 2002 is being amended to streamline the Act, to reflect Sri Lanka's international obligations in relation to combating transnational crime and strengthening prevention of crime, criminal investigations and confiscation of criminal proceeds.

The amendment also provides for international coopertaion and mutual assistance to the widest extent possible, for the purpose of investigations or proceedings concerning criminal offences relating to computer systems and data, and for the collection of evidence in electronic form of criminal offences.

The amendment identifies offences relating to money laundering and criminalises offences related to bribery outlined in Article 16 of the United Nations Convention Against Bribery &

Corruption, and also incorporates computer systems and data-related criminal offences.

Cabinet approved to amend the Act last month, on a proposal by Justice Minister Thalatha Atukorala.

The use of video and audio transmission technology to lead evidence will be allowed in cases where a witness is physically present in a foreign country and unable to attend courts in Sri Lanka. The hearing in such an instance should be conducted directly by a Judicial officer or a Law enforcement officer.