The High Court here will decide on Feb 4 whether or not to allow a rape victim to testify through live television links.

Judge Mohd Sofian Abd Razak set the date following an application for a review of a Sessions Court judge in allowing the girl to testify under section 272B of the Criminal Procedure Code, which allowed a witness to testify through video recording or live video or television links.

The application was submitted by lawyer Pari Perumal, who represented Mohamad Amir Madzlan and Nazrul Ismail, and lawyer Ahmad Shuaib Ismail Sham, for Shahrul Helmi Ab Halim.

The three men were charged with raping the girl, who was then 14 years old, in a room at Wisma Indah, Jalan Pudu, Cheras, here between 9.30pm on Dec 13, 2007 and 10.30pm the following day.

On Nov 19 last year, Sessions Court judge Fathiyah Idris allowed the girl, who was the fourth prosecution witness, to testify through a live television link outside the courtroom.

At today's hearing, Pari said there was no need for the victim to testify from outside the court because there was no evidence the accused had disturbed or intimidated her.

He also questioned the absence of proper guidelines on witnesses to testify through live video or television links.

"How is the witness going to identify the accused in the dock? There is no camera installed at the dock and with the television monitors on the judge and lawyers' tables, which are far from the dock," he added.

Child rape case

Ahmad Shuaib raised questions on the room where the live television link would be conducted.

"We would not know where it is going to be held, who will be there and no assurance of the victim referring to any notes when testifying," he added.

He said it was important for a witness to testify in the court to allow the counsel to observe the witness' behaviour and reaction.

However, deputy public prosecutor Mazelan Jamaludin submitted that the witness' behaviour could be watched on the television screen when she testified.

He also said the live television link would be conducted based on a technical standard provided under section 272B(2)(g) of the CPC.

Prior to this, a testimony via video recording had been carried out in a child rape case in the Shah Alam court in 2003 under section 269 of the CPC.

- Bernama