Article contributed by Najwa Hamid, Officer, Bar Council Child Rights Committee; with photos by Jul Indra Tofan, Administrative Assistant, Bar Council
The Bar Council Child Rights Committee organised an “Introductory Workshop on Holding a Watching Brief” on 21 Mar 2018 at the Bar Council Raja Aziz Addruse Auditorium. The three–hour workshop, which carried two CPD points, was attended by 35 participants comprising Members of the Bar, pupils in chambers and non–Members.
Zuwita Kamaruzaman, who emceed the event, kickstarted the workshop by introducing the speakers — Goh Siu Lin, Co–Deputy Chairperson of the Bar Council Child Rights Committee; and Sharmila Sekaran, co–founder and the founding Chairperson of Voice of the Children, a child rights advocacy group.
Goh Siu Lin began the session by explaining the differences between a watching brief lawyer and amicus curiae and the difficulties faced by watching brief lawyers in the context of locus standi. She also provided an American case study of Jessica Gonzales where various interest groups had submitted specialised amicus briefs in the area of domestic violence.
Sharmila Sekaran then spoke in Part 2 of the workshop, explaining the rationale for holding a watching brief which included, inter alia, the following:
(1) As a tool to help protect the rights and interests of victims of crime;(2) Provide an understanding of the challenges faced by vulnerable witnesses in the criminal justice system so as to avoid re–victimisation;(3) Guarantee that the criminal justice process is conducted fairly to bring about just outcomes;(4) Observe, note and act on any point that may arise to protect the rights and interests of the child complainant or vulnerable witness during the proceedings; and(5) Advance legal arguments to bring about a just outcome.
Sharmila touched on the Legal Aid (Amendment) Act 2017 which came into operation on 1 Dec 2017. She said that the recent amendment introduced legal companion services which were expected to complement the proceedings of the special court for sexual crimes against children. She explained that a legal companion acts as a guide to clarify court proceedings, legal processes and demystify the legal jargon to the child victim/witness and their families in an easy–to–understand manner.
Goh Siu Lin concluded the workshop by providing an overview of the relevant international treaties and conventions, in particular, the Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”), Convention on the Rights of Persons with Disabilities (“CRPD”) and Convention on the Rights of the Child (“CRC”).
Goh Siu Lin highlighted several provisions with regard to Capacity and Evidence of Child Witnesses contained in Part VI of the Sexual Offences Against Children Act 2017. Apart from this, she also brought to the participants’ attention, selected provisions in the Penal Code, Criminal Procedure Code and the Evidence of Child Witness Act 2007, specifically on right to compensation, victim impact statements, and court’s safeguards for child witnesses. These amongst others, are utilised to facilitate and enhance victims’ access to justice.
The workshop received positive feedback from the attendees, many of whom indicated that they would be interested to attend more of such workshops to enhance their skills in supporting vulnerable witnesses in court.