Knowledge
Experience
Qualifica8on
Competency
(number of years)
Expert witness
Prac8ce
(number of years)
Training
(con8nuity)
Figure 1: Important elements to become an expert witness
Figure 1: Important elements to become an expert witness
and findings. There are two types of experts as
stipulated in the Evidence Act 1950. The first is
gazetted by the Act, such as gaming experts. On
the other hand, as defined in Section 45, experts
who can testify or give opinion may come from the
fields of foreign law, science, arts, handwriting
and fingerprint.
“When the court has to form an opinion
upon a point of foreign law or of science
or art, or as to identity or genuineness of
handwriting or finger impressions, the
opinions upon the point of persons specially
skilled in that foreign law, science or art or
in question of as to identity or genuineness
of handwriting or finger impressions, are
relevant facts” (Section 45, Evidence Act
1950)
An expert witness is also defined in The
Malayan Law Journal (MLJ) as:
“He need not become so skilled in any
particular way nor by special study nor
professionally. It is enough if he has had
sufficient experience, sufficient practical
experience, to acquire the necessary skill,
so that he has adequate knowledge.” (PP
v. Muhamad Sulaiman (1982) 2 MLJ 320)
Normally during the proceedings,
the pro secutor or law yer e s t ablishe s
the expertise of the expert witness who
then testifies orally based on documentary
evidence. Thus, the expert’s curriculum vitae
needs to be prepared, including certificates and
any other relevant documents.
Important Criteria to become an Expert
Witness
8
Giving an expert opinion during the proceedings is
crucial because it may affect the court case.
Experts can identify the relevant questions from
both their experience and with a lot of practice.
Figure 1 shows the typical requirements for an
expert witness. The most common criteria to
become an expert is related to qualifications. A
first degree is mandatory and higher education
such as Master’s Degree or Doctor of Philosophy
will help to establish the expert’s credibility.
Sometimes, years of experience with number of
courses attended will give some weight. Some
experts may have been established without paper
qualifications. However, they will need to prove their
credibility through years of experience, number of
cases and types of training attended. Personnel
competencies are also required for certain types of
cases, for example, an incident related to a mobile
crane that topples at a construction site due to the
incompetency of the crane operator. In order to
confirm the behaviour or condition of the operator,
the expert needs the competency as a crane
assessor to analyse, simulate and present the
case to the judge.
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