KUALA LUMPUR, July 23 — The Evidence of Child Witness (Amendment) Bill 2024, passed by the Dewan Negara today, will not affect the accused's right to a fair trial, said Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
She said 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," Azalina said while wrapping up the debate on the Bill in the Dewan Negara.
The Bill was passed without amendment after the third reading, with the majority of the senators voting in favour following debates by 14 senators.
She said the amendment to the Evidence of Child Witness Act 2007 is necessary because there was previously a lack of appropriate protection and support for children during criminal trial processes.
A child's involvement in proceedings could induce fear, which could make parents 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," Azalina said.
In addition, the Dewan Negara also passed the Sexual Offences Against Children (Amendment) Bill 2024, the Evidence (Amendment) Bill 2024, the Oaths and Affirmations (Amendment) Bill 2024, the Security Offences (Special Measures) (Amendment) Bill 2024, and the Armed Forces (Amendment) Bill 2024.
The Dewan Negara sitting continues tomorrow.
— Bernama
