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Part X · Testimony Through Contemporaneous Audio-Visual Linkage

85. Court or Commission to satisfy itself of accuracy of the linkage, &c

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

A court or Commission, prior to commencing the recording of evidence or statement of a victim of crime or witness through contemporaneous audio-visual linkage from any remote location, shall, on the day and at the time fixed for such purpose-

(a)

satisfy itself that such contemporaneous audio-visual linkage is technically accurate and reliable;

and

(b)

ensure that a judicial officer or public officer who shall be designated by such court or Commission is present at such remote location.

(2)

The court or Commission may require the judicial officer or public officer designated under paragraph (b) of subsection (1) to-

(a)

interview, before or after recording of statement, the victim of crime or witness and any other person directly relevant to the proceedings and present at such remote location; and

(b)

submit a report along with his observations, to such court or Commission stating whether the victim of crime or witness is or was making the statement voluntarily and without any coercion, duress or influence or as a result of any reward or gratification, and such officer shall comply with such requirement.

(3)

For the purposes of this section, “public officer”

includes an officer serving in the Sri Lanka Foreign Service.