A critique of the application of DNA evidence in the Criminal Justice System of Sri Lanka in the light of developments in the United Kingdom, United States and Australia

Introduction: This study is regarding the use of DNA evidence in criminal cases in Sri Lanka. There is no consistency in the application of DNA evidence in the criminal justice system of Sri Lanka mainly due to the inadequacies in the knowledge and skills of DNA evidence on the part of lawyers and judges to work within an adversarial system. In order to solve this problem Sri Lanka should learn from the experience of the United Kingdom, United States and Australia.

 

Objectives: To examine the use of DNA evidence in the criminal courts of Sri Lanka and how professional legal education and training may enhance its effective use.

 

Methodology: Judicial pronouncements in court cases and legislative enactments in Sri Lanka as well as other jurisdictions, recommendations in studies and reports in the United Kingdom, United States and Australia, views of experts and researchers in this field were considered and evaluated using a qualitative exploratory research methodology.

 

Results: The United Kingdom, United States and Australia endeavour to address issues such as wrongful convictions by the proper use of DNA evidence within their adversarial system of adjudication. This is the path that Sri Lanka too should follow.

 

Conclusion and recommendation: Adjudication of both civil and criminal cases in Sri Lanka is based on the adversarial system which may provide opportunities for the parties to win their case rather than finding the truth. Nevertheless, the interests of justice demand that the stakeholders in the legal and judicial process, in the criminal justice system in particular, be adequately equipped to meet the challenges in delivering justice.