PETALING JAYA: Witnesses play a crucial role in the pursuit of justice and those who testify must not face intimidation and reprisal for speaking the truth in court, say senior lawyers.
Unwarranted online attacks against witnesses, they said, not only disrupt trials but also undermine evidence, which could affect the outcome of a trial or inquest.
Their concerns follow the online harassment of consultant forensic pathologist Dr Jessie Hiu (pic) after she testified at the Kota Kinabalu Coroner’s Court last week at Zara Qairina Mahathir’s inquest.
Malaysian Bar president Mohamad Ezri Abdul Wahab condemned the attacks, describing them as a deeply troubling trend.
“Witnesses, experts and even counsels have too often been subjected to vilification simply for carrying out their duty in court.
“Such behaviour strikes at the heart of the administration of justice. No one should face intimidation or reprisal for stepping forward to testify. Our justice system cannot function if witnesses are silenced by fear.”
Mohamad Ezri said the Malaysian Bar has consistently maintained that the court of public opinion must never be allowed to override the rule of law.
Senior lawyer Salim Bashir said witnesses play a pivotal role in a case, giving opinions in their area of expertise.
“Witnesses have an overriding duty towards the court and not to the party calling them as witnesses.
“An unwarranted attack on witness testimonies in court, with an insidious objective to discredit them, threatens not only the expert witness but also public trust in the evidence presented by them based on expert analysis,” added the former Bar president.
Salim said questioning the integrity of witnesses through misinformation and unfounded charges of impropriety amounted to a form of disruption.
“Any form of intimidation, violence or harassment in an extrajudicial context can amount to contempt of court or attract other penal offences,” he added.
Gerakan Gubal Akta Anti Buli chairman Wan Azliana Wan Adnan said trial by netizens was “very dangerous” as it was often driven by perception, emotion and incomplete information.
“When netizens or influencers openly speculate or give opinions on social media without expertise, it not only damages the reputation of the individuals involved but also puts undue pressure on all parties, including witnesses.”
Health activist Dr Sean Thum said the court of public opinion cannot take on the role of the courts, reminding that the public must trust the process and the rule of law.
Dr Thum said only forensic doctors and their assistants were permitted to touch the body during a post-mortem and every detail had to comply with strict professional protocols, adding that the pathologist’s role was to determine the cause of death through science and evidence.
He lamented that when public opinion was involved, scientific evidence was no match against emotions.
“This is what happened to Dr Hiu. Because her testimony did not match public expectations, she was immediately thrust into the spotlight and made a scapegoat.”
The College of Physicians Malaysia (CoPM), in condemning the online harassment of Dr Hiu, said doctors must be free to carry out their responsibilities in the courtroom, clinic or online without fear of intimidation.
“Dr Hiu acted with professionalism, integrity and ethical duty. Targeting her for fulfilling her role as an expert witness is unacceptable,” it said.
CoPM said those who weaponised social media to threaten or defame doctors must be held accountable under the law.
“We also call on the public to use social media responsibly. Doctors, like all professionals, deserve safety and dignity at work. Bullying and intimidation cannot, and must not, be tolerated.”
On Monday, a 61-year-old man was arrested in Semporna for allegedly threatening Dr Hiu on social media.
This followed a police report lodged by Dr Hiu last Friday. Sabah police Commissioner Datuk Jauteh Dikun said the suspect was believed to be behind the Facebook account that posted threats, among other comments.
Dr Hiu testified that it was unlikely that Zara Qairina’s death was caused by an accidental fall or by being pushed from a standing position at the scene.
