Two new special courts to start operating this year

As courts deal with the mounting number of cases, lawyers urge that trials be settled more quickly to minimise trauma for the child victims. – 123rf.com

IT’S a worrying trend, but sexual crimes against children have spiked, with more cases hauled to court for justice.

In total, 2,832 new cases were registered in courts nationwide last year – a 51.5% increase from 1,869 cases in 2020.

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New cases have more than doubled in four states from 2020 to 2021 – Selangor (increasing by 114.2%), Perak (171.3%), Sarawak (113%) and Perlis (109.1%).

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With the rise in court cases, it’s become more challenging to settle them in a more timely way for the child victims and accused.

As of last year, there were 2,195 pending cases being deliberated in courts nationwide, the Office of The Chief Registrar tells Sunday Star.

“Most of the ongoing cases are being heard in Selangor (381), followed by Perak (294), Johor (273) and Putrajaya (227),” it adds.

Fortunately, steps are underway by the Malaysian judiciary to cope with the mounting number of cases.

The judiciary projects that it needs 16 additional Sessions Court Judge posts for the special courts in Malaysia to improve the delivery of justice.

“Two new special courts (one each in Petaling Jaya and Johor Baru) are also in the pipeline and will start operating before the end of this year,” the judiciary says.

Prior to this, the first dedicated court to deal with sexual offences against children was established in Putrajaya in 2017.

Known as the Special Court For Sexual Offences Against Children, the court in Putrajaya received 900 cases being filed that year.

The second dedicated court to hear such crimes was set up in Kuching, Sarawak in 2018.

Recently, it was reported that there was a steep increase in sexual offences cases against children in the past two years during the Covid-19 pandemic.

Chief Justice Tun Tengku Maimun Tuan Mat said that the judiciary has discussed with the government about creating more special courts to deal with the situation.

These dedicated courts have been established in every state in Malaysia since its inception in 2017, equipped with necessary child witness-friendly facilities on par with those in Putrajaya and Kuching.

“However, due to the lack of judicial posts, the Session Court Judges presiding in these courts (except in Putrajaya and Kuching) are also tasked to hear other cases, including civil matters," the judiciary says.

Previously, Datuk Seri Azalina Othman, the chairman of the Parliamentary Special Select Committee on Women and Children Affairs and Social Development, had mooted the extra special courts, which will entail an increase in the number of judicial posts.

Seeing that more virtual hearings have been held during the Covid-19 pandemic, Tengku Maimun had also said online hearings will be “a permanent feature” of our justice system.

On this, the Office of the Chief Registrar explains that the new section 101B of the Subordinate Courts Act 1948 in 2020 empowers the Court, in the interest of justice, to conduct proceedings via remote communication technology.

“However, when it comes to cases involving sexual offences against children, further scrutiny is needed.

“This is due to the requirement of the law that a child witness or victim needs to be accompanied by intermediaries and assisted by a legal companion when giving testimony in court,” it says.

Time is of the essence

As courts deal with the mounting number of cases, lawyers urge that trials be settled more quickly to minimise trauma for the child victims.

Child rights advocate and lawyer Ajeet Kaur says the number of child sexual exploitation and abuse cases have spiked with the various lockdowns imposed.

“It is important to understand that generally, such cases are crimes of opportunity carried out by people known to the child.

“It is rare for a complete stranger to sexually assault a child,” says Ajeet, who is also Child Rights Innovation and Betterment Foundation co-chairman.

Sadly, she finds there is delay in getting justice.

“The longer a complaint takes to be investigated and the accused charged in court, the more traumatic it is for the survivor.

“As time goes on the child will forget details of the offence,” she says.

Recalling a case where she held a watching brief for the child survivor, Ajeet says the child was seven years old when the police report was lodged, but the case ended after four years when the victim turned 11.

“In this case, the attending personnel at the One Stop Crisis Centre made the child explain repeatedly what had happened with three different doctors.

“This was very traumatic as each time the child explained, the victim is reliving the crime,” she points out.

Finally, the accused was charged in court after close to one year, while the Deputy Public Prosecutor (DPP) handling the case was changed several times.

“Each time the child would only meet the DPP in the morning of the trial date.

“It is impossible for a DPP to build trust with the child this way.

“The DPP should ensure that the child is ready and familiar with the DPP who will be asking the child questions,” she says.

Ajeet also proposes that a Social Welfare Department officer be stationed at each special court to offer crucial support to the child survivor.

Consider private practitioners

Meanwhile, Malaysian Bar former president Salim Bashir suggests that the judiciary consider employing private law practitioners who have specialities in child sexual crime cases to sit as temporary judges to speed up the hearings.

“All parties including the Malaysian Bar and public prosecutors office must work towards the realisation of fair and swift trials,” he says.

Salim, a senior criminal lawyer, says it is disturbing to note the spike in such offences involving children and this could have an impact on the social and moral fabric of our society.

Such trauma endured by child victims cannot be further compounded by delayed trials.

“The accused are also innocent until proven guilty, and equally deserve a fair trial.

“Both the victim and accused must be relieved of lengthy ordeals to get justice,” he adds.

Selangor Bar chairman Kokila Vaani Vadiveloo says the pandemic has denied many lawyers their day in court to the point where even cases in 2018 and 2019 have now fallen into the ‘backlog’ category.

“Even worse, the more recent cases have all been piled over these older cases.

“Criminal cases are mostly still physical hearings whereas civil courts have adopted remote hearings.

“Since sexual crimes involving children are criminal cases, their cases would have to be heard in a face-to-face setting which had contributed to the delay,” she says.

Kokila hopes that the additional judges to be appointed will be properly trained as child victims need to be treated with extra care and empathy.

She says the special guideline in handling cases involving sexual offences against children states that the cases must be settled or disposed within 12 months.

“Its ultimate aim is to provide better protection for children from sexual offences and to safeguard their interests and well-being.

“Remember that the goal of this establishment is to expedite the disposition rate of cases involving sexual offences against children, so this timeline is reasonable given the procedures that must be followed,” she adds.