In credible only applies for the offences under

In Mohd Fairus Muslim
v PP1,
the principle is it is trite that in cases involving sexual assault, the
evidence of the complainant must be corroborated. This is however, a rule of
prudence.

            In addition,
in Tajudin Salleh v PP2, the
principle is the court can act on the uncorroborated testimony of a single
child witness. But this is only a rule of prudence and not of law. In practice,
a court should not act on the uncorroborated evidence of a child. The court
held that there was no “material evidence” to corroborate the evidence of PW3,
as required under s.133A if the EA. Thus, there was a substantial miscarriage
of justice.

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For sexual
offences, the principle is it is trite that in cases involving sexual assault,
the evidence of the complainant must be corroborated. This is however, a rule
of prudence. This is illustrated in the case of Mohd Fairus Muslim v PP.1

            Besides that, for other offences
such as kidnapping, the principle is s.118 of EA only comes into issue if the
court considers that a child of ‘tender years’ gives evidence. This can be seen
in the case of Steven Pangiraja &
Ors v PP 2where the court held that there
were sufficient materials in the judgment to satisfy that the court had taken
cognizance of s. 133A.

No. The scope under
s.17 of SOACA is limited. The reason is the child witness presumed to be
credible only applies for the offences under SOACA and the victim must be a
child witness. This means that a child witness’ s evidence still need to be
corroborated in a situation where a child is the only eye witness for any
sexual offence or in case of domestic violence.Can. S.6 of EA provides that witnesses must give
evidence on oath. S.6 must be read together with s.8 which states that a child
who is incapable of taking an oath, can still give evidence after a caution by
the court to speak the truth.A child who has
the intellectual capacity to understand and give rational answers to the question
is deemed qualified to give evidence. However, it is judges’ responsibility to
determine whether the child is competent to give testimony.            The studies have shown
that children witnesses are more reliable. Malaysia
shall take a move forward and cancel the need for corroboration without a
replacement but with adjustments to ensure the justice is achieved for child
witnesses who are victims.