KUALA LUMPUR – MPs from both the government and opposition have taken issue with a specific amendment to the Evidence of Child Witness Act 2007, which gives the court power to prohibit any “improper” question to a child witness.
While debating on the amendment bill today, the lawmakers expressed concern that the move will deny a fair trial to the accused.
PAS secretary-general Datuk Seri Takiyuddin Hassan (Kota Baru-PN) said this provision would make the job of a criminal lawyer difficult, particularly when he is cross-examining a witness.
“We are taught in law schools that you can cross (-examine) anything under the sun. “Suddenly, there is a law stipulating what kinds of questions can be asked and what can’t be asked.
“This raises the question of justice for the accused. If a question cannot be asked, it (accusation) will be deemed to be accepted,” he said.
“With all due respect, sometimes judges may be influenced by a certain situation, leading to the accused being wrongly persecuted when he needs a rightful defence.”
Seeking permission from Takiyuddin to take the floor, RSN Rayer (Jelutong-PH) concurred with the PAS lawmaker, saying it is the responsibility of the defence counsel to pose questions to the witnesses, however unpleasant they may be to the ear.
Later, during his debate, Rayer recounted a recent case he worked on where a teacher of a madrasah was charged with sexually assaulting his students before it was later discovered that the accusations were false.
He said this had only happened after he repeatedly pressed the child witnesses to reveal the truth.
“Only then did (one of the) students admit that the teacher had caught five of them watching pornographic content during prayer time and scolded them, and that they lodged a report against the teacher a week later.
“The teacher was charged, denied bail, and kept in prison for six months before the high court finally accepted my bail application. And after the trial, the prosecutor suddenly withdrew the charge.
“I don’t want this amendment to cause an accused to be denied a fair trial.”
Rayer said while there is a need to protect the rights of children, the right of the accused must also be protected.
Earlier, Syahredzan Johan (Bangi-PH) noted that within a criminal justice system, an individual must be deemed innocent until proven guilty, and similarly stressed the importance for an accused to be given a fair trial.
Under the Evidence of Child Witness (Amendment) Bill 2023, the government has included an amendment that allows the court to bar questions that it deems to be misleading, confusing, insulting, intimidating, humiliating, harassing, annoying, offensive, oppressive, or needlessly repetitive, among others.
Later, in her winding-up speech, law minister Datuk Seri Azalina Othman Said said the amendment is not out of the ordinary, noting that there are similar provisions under the Evidence Act 1956.
This includes providing the court with the power to prevent questions deemed indecent and scandalous, and those that are asked without reasonable grounds or with an intention to insult or annoy.
The amendment bill was later passed via a simple voice vote. – The Vibes, March 29, 2023
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