©The Star (Used by permission)
PETALING JAYA: Lawyers have expressed support for the introduction of the victim impact statement (VIS), saying that they allow judges to appreciate the extent of one’s suffering.
“Now, it’s only the prosecutor who provides the aggravating factor. The victim is sometimes brought in during trial, but not as sentencing is done,” said activist and lawyer Edmund Bon.
Civil liberties lawyer Syahredzan Johan said that as a crime could have a great impact on the victims, it would be “pertinent and useful” to obtain statements from them.
“It (the amendment providing for the statements) allows the judges to hear from the victims, but they won’t be swayed by an emotional appeal. Any competent judge would decide based on proper exercise of discretion,” he said.
Deputy de facto Law Minister Datuk V.K Liew agreed, saying: “A judge will take into consideration all relevant factors. After all, VIS only comes into play after the accused is found guilty, prosecution has submitted on sentencing, and defence has submitted on mitigation.”
A DPP, who declined to be named, said VIS was “basically the victim talking to the judge” about his or her trauma and hurt.
“When the accused is convicted, the victim can choose to come forward to give an oral statement before the court determines the sentence,” said the DPP.