Sri Lanka’s chronic prison overcrowding has long been blamed on delays in Police investigations and prolonged court proceedings. 

Yet another critical bottleneck in the criminal justice system continues to receive far less public attention: the mounting backlog of forensic examinations at the Department of Government Analyst.

The Auditor General’s 2024 audit report has laid bare the scale of the problem, revealing that more than 30,000 case materials remained pending at the department by the end of last year, including thousands of exhibits that have remained unexamined for years. 

The findings lend statistical support to concerns repeatedly raised by lawyers, prosecutors, and law enforcement officials that delays in obtaining Government Analyst (GA) reports continue to stall criminal proceedings, prolong remand detention, and contribute to prison congestion.

For many accused persons, particularly those arrested on narcotics-related charges or offences requiring scientific examination, the Government Analyst’s report is not merely another document in the court file. It is often the single most important piece of evidence that determines whether an indictment can proceed, whether charges can be amended, or even whether an accused can ultimately be acquitted.

Until that report reaches court, cases frequently remain in limbo.

Growing bottleneck

The Auditor General’s findings suggest that this institutional bottleneck continues to grow.

According to the audit, the department’s Forensic Science Division began 2024 with 16,237 pending case materials awaiting examination. During the year, it received another 44,172 case materials but managed to analyse only 33,446, leaving 26,963 forensic samples pending by year-end.

The Food Science Division faced a similar challenge. Beginning the year with 1,585 pending case materials, it received 20,352 new submissions and completed 18,680 examinations, leaving 3,257 pending reports.

Combined, the department ended 2024 with 30,220 case materials awaiting analysis and reporting. Auditors observed that 45% of forensic science material and 15% of food science samples remained pending, despite thousands of examinations being completed during the year.

Perhaps more troubling is the age of many pending cases.

The audit found that 4,028 case materials – 13% of the total backlog – dated back to the period between 2017 and 2023, indicating that some investigations have remained unresolved for several years. 

Justice waiting for science

Within Sri Lanka’s criminal justice process, forensic reports issued by the GA are indispensable.

The department examines narcotics seized during raids, toxicological samples, firearms, explosives, biological evidence, DNA, questioned documents, food samples, digital evidence, and numerous other exhibits submitted by the Police, Customs, Excise Department, Commission to Investigate Allegations of Bribery or Corruption, and the courts.

Without these reports, prosecutors often cannot proceed with indictments, while magistrates frequently postpone hearings pending receipt of scientific evidence.

Lawyers appearing in criminal courts say delays in obtaining GA reports have become one of the principal reasons why accused persons remain in remand custody long after investigations should have been completed.

Senior defence counsel Sampath Perera noted that individuals charged under the Poisons, Opium, and Dangerous Drugs Ordinance frequently remained behind bars until laboratory analysis confirmed the nature and quantity of substances allegedly recovered from them. 

In many instances, hearings are repeatedly postponed because courts have yet to receive the GA’s findings.

The consequences extend beyond individual cases.

Sri Lanka’s prisons remain severely overcrowded, with remand prisoners accounting for a substantial proportion of the inmate population. Legal practitioners and law enforcement officers have repeatedly identified delays in forensic reporting as one factor contributing to the prolonged detention of accused persons awaiting trial.

Former Media Spokesman of the Prisons Department Gamini B. Dissanayake has previously acknowledged that Prisons authorities have no role in the preparation of GA reports.

Prisons Department Media Spokesman A.C. Gajanayake told The Sunday Morning that while the department had no involvement in the preparation of GA reports, delays in receiving them inevitably affected the duration of remand detention. “The Prisons Department has no role in the Government Analyst’s process,” he said.

However, he acknowledged that delays could vary significantly. “Sometimes reports are received within about a month, but in other cases it can take many months or even years,” he said, noting that prison authorities simply held remand prisoners in accordance with court orders until judicial proceedings progressed.

Staff shortages cripple operations

The Auditor General attributes much of the backlog to a persistent shortage of qualified personnel.

According to the report, nearly one-third of the department’s approved cadre remained vacant during the year under review.

The department informed auditors that although nearly 64% of all case materials received during 2024 had been analysed, it was practically impossible to significantly improve productivity while operating with such extensive vacancies.

The staffing crisis is particularly acute at senior levels.

The audit identifies 33 senior-level vacancies and six tertiary-level vacancies, concluding that these shortages have hindered the department’s ability to fulfil its primary objective of issuing scientific reports within three months.

The department informed auditors that it had written to the Ministry of Public Administration, the Public Service Commission, and the Public Service Recruitment Review Committee requesting urgent recruitment to fill vacancies. Recruitment examinations for laboratory technology service officers have also been initiated, although specialised positions continue to remain vacant due to a lack of suitably qualified applicants.

The Auditor General recommended that the department increase its output by resolving staff shortages and expedite the analysis of long-pending case materials.

A broader institutional challenge

The audit suggests that the backlog is only one manifestation of wider institutional weaknesses.

It highlights shortcomings in planning, financial management, and internal controls while also drawing attention to technological challenges affecting forensic operations.

One particularly concerning finding relates to an IBM Storwize V3700 storage server received under a Korean International Cooperation Agency (KOICA) grant in 2016.

The storage system contained digital forensic investigation data covering the period from 2017 to 2023 but became inoperable during 2024. As a result, investigators were temporarily unable to retrieve stored digital forensic data. The department informed auditors that procurement had commenced to repair the system and recover the information.

The department also failed to establish an Internal Audit Unit despite requirements under the National Audit Act, while an internal auditor’s position remained vacant.

SDGs at risk

The Auditor General further observed that the department’s backlog undermined Sri Lanka’s commitment to the United Nations Sustainable Development Goals (SDGs) relating to peace, justice, and strong institutions.

The department had identified timely analysis and reporting of case materials as a key performance indicator under this goal. Nevertheless, auditors noted that thousands of old case materials remained pending, including over 4,000 originating between 2017 and 2023.

Although the department maintained that its development targets had been adjusted to reflect existing staffing levels, auditors concluded that long-standing vacancies, insufficient analytical capacity, and the need to develop new testing methodologies continued to prevent the institution from achieving higher levels of performance.

Human cost of institutional delays

Statistics contained in the audit report tell only part of the story.

Behind every pending forensic examination lies an active criminal investigation, an unresolved court case, or a person awaiting the next stage of judicial proceedings.

For victims, delayed reports postpone justice. For investigators, they prolong investigations. For prosecutors, they delay indictments. And for many accused persons – particularly those unable to secure bail – they often mean extended periods in overcrowded remand prisons while scientific evidence remains pending.

The Auditor General’s findings reinforce what criminal practitioners have argued for years: strengthening Sri Lanka’s justice system requires more than increasing the number of judges or expanding prison capacity. It also requires investment in the scientific institutions that underpin criminal prosecutions.

Unless the Department of Government Analyst receives sufficient resources to recruit specialist staff, modernise laboratories, and eliminate longstanding backlogs, thousands of criminal cases are likely to continue moving through the justice system at a pace dictated not by the courts, but by the availability of forensic reports.

Authorities silent on scale of delays

Attempts by The Sunday Morning to obtain a response from the Government Analyst regarding the audit findings and the growing backlog of pending forensic examinations were unsuccessful despite repeated efforts.

When contacted, Police Media Spokesman ASP F.U. Wootler referred The Sunday Morning to Deputy Inspector General (DIG) of Police in charge of Crime Chandana Kodithuwakku, for information on the number of pending cases – particularly drug-related investigations – affected by delays in the submission of GA reports.

However, despite repeated explanations that his contact details had been provided by the Police Media Spokesman, DIG Kodithuwakku declined to disclose the information over the phone and instead requested that the newspaper meet him in person. 

When The Sunday Morning informed the Police Media Spokesman of the situation, he advised the newspaper to submit its queries on the newspaper’s official letterhead so that they could be forwarded to DIG Kodithuwakku for a response.

Institutional bottleneck

The Department of Government Analyst ended 2024 with 30,220 case materials awaiting analysis and reporting.

4,028 case materials – 13% of the total backlog – dated back to the period between 2017 and 2023, indicating that some investigations have remained unresolved for several years.

Forensic Science Division:

• Began 2024 with 16,237 pending case materials
• Received 44,172 new submissions
• Analysed 33,446
• 26,963 forensic samples pending by year-end

Food Science Division: 

• Began 2024 with 1,585 pending case materials
• Received 20,352 new submissions 
• Completed 18,680 examinations
• 3,257 pending reports by year-end