Activist calls on MPs to support amendments to Evidence of Child Witness Act

KUCHING (July 11): Senior consultant paediatrician and child-disability activist Dato’ Dr Amar-Singh HSS has called on Malaysian MPs to support the amendments to the Evidence of Child Witness Act 2007 (ECWA 2007).

Set to be tabled in the Dewan Rakyat this week, he said the amendments will offer more support and rights to child witnesses while aligning Malaysia’s legislation with international standards and evidence-based practices.

“These revisions are essential for ensuring reliable and comprehensive evidence from child witnesses in legal proceedings,” he said in a statement yesterday.

In stating that, he, however, addressed concerns regarding the lack of local research on children’s understanding of court proceedings.

Drawing on his 40 years of experience in child protection, he affirmed the competency of children as witnesses.

“Children as young as four can describe serious situations like abuse, and by the age of eight, they understand complex issues like dying,” he said.

He argued that children are generally more truthful than adults and can distinguish between facts and fiction from an early age.

The proposed amendments will also include eliminating the legal requirement for corroboration, to which he deemed necessary as he explained that the inaccuracies in young children’s testimony often result from poor questioning, rather than deliberate falsehoods.

Additionally, he endorsed pre-trial case management to guide how children are examined in court, reducing their distress and ensuring fair treatment.

This is because he noted that the current court environment is often intimidating for children, which can deter them from providing evidence and lead to secondary victimisation.

“Hence MPs need to support the amendments as these changes will create a more child-friendly court environment.

“The amendments will also encourage families to report crimes against children, knowing their voices will be heard and valued,” he said.

The amendments have been championed by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.