Fair trial rights unaffected with passing of Child Witness Evidence (Amendment) Bill, says Azalina

KUALA LUMPUR: The Evidence of Child Witness (Amendment) Bill 2024, passed by the Dewan Negara on Tuesday, will not affect the accused’s right to a fair trial, says Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.

She said that the prosecution must still prove the accused’s guilt beyond a reasonable doubt.

“This amendment means the court will evaluate the testimony of a child in the same manner as they evaluate the testimony of any other (adult) witness.

“The amendment also abolishes the mandatory requirement that a child’s testimony given without oath must be corroborated to secure a conviction in criminal proceedings,” she said while wrapping up the debate on the Bill in the Dewan Negara on Tuesday (July 23).

The Bill was passed without amendment after the third reading, with the majority of the senators voting in favour following debates by 14 senators.

Azalina said the amendment to the Evidence of Child Witness Act 2007 was necessary because there was previously a lack of appropriate protection and support for children during criminal trial processes.

She added that a child’s involvement in proceedings could induce fear, causing parents to be reluctant to let their children testify in court.

“This issue leads parents to withdraw their children from the case because they are worried, uncomfortable, and do not want to go to court. Therefore, a suitable environment for children attending proceedings needs to be effectively provided,” she said.

In addition, the Dewan Negara on Tuesday also passed the Sexual Offences Against Children (Amendment) Bill 2024, Evidence (Amendment) Bill 2024, Oaths and Affirmations (Amendment) Bill 2024, Security Offences (Special Measures) (Amendment) Bill 2024, and Armed Forces (Amendment) Bill 2024.

The Dewan Negara sitting continues on Wednesday (July 24). – Bernama