Page 12 - KDU INTERNATIONAL JOURNAL OF CRIMINAL JUSTICE

KDU International Journal of Criminal Justice (KDUIJCJ)
Volume I | Issue II| July 2024

GIVING VOICE TO VICTIMS’ EXPERIENCES TO IGNITE THOUGHT-

PROVOKING DEBATES ON THE ROLES OF VICTIMS IN AN

ADVERSARIAL PROCESS

Marine De Livera
1.0. Introduction

Crimes leave scars on the minds and bodies of survivors of violence. A
victim in a common law jurisdiction, though he or she assumes an

important role at the outset and in the course of investigations,

unfortunately plays a minor role at the stage of trial.
A former Attorney General Palitha Fernando, describes the role of the

Attorney General in the promotion and protection of Victim’s Rights

before the enactment of the Victims and Witnesses Act in Sri Lanka in the
following words:

“The rights of victims of crime, regrettably were not an area on which the

attention of authorities was focused until recent times. Our criminal
justice system, based on principles of English Law, to a very great extent,

does not recognize the rights of victims adequately. It has sometimes

being said that the Criminal Justice System of Sri Lanka is unduly
favourable to accused persons. The prosecution in a criminal trial in Sri

Lanka, as in the United Kingdom, does not represent the victim. All
prosecutors in the Attorney General’s Department are told that they are

Ministers of Justice and that their duty is to hold the scale evenly and

present the case for prosecution without any prejudice towards the
accused. They are strictly prohibited from speaking to witnesses for the

prosecution, not as a rule of law, but as a rule of ethical conduct that has

been held throughout the history at the Attorney General’s Department.
The role of the Prosecutor sometimes conveys the wrong impression that

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