Ingenieur Vol 76 ingenieur 2018 October | Page 57

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. 55