Public prosecutors and the courts should exercise caution in deciding when to allow the use of video-conferencing in recording the testimony of adult victims of crime. Several special interest groups agreed that decisions should be based on merit.

Their views came on the heels of a New Straits Times report on Tuesday that abused Indonesian maid Nirmala Bonet may be the first adult to be allowed to provide testimony via video-conferencing during the trial scheduled for July.

An amendment is being proposed to the Criminal Procedure Code to enable video-conferencing to be used for adult witnesses. However, the proposal will have to be first approved by the cabinet and then referred to Parliament, where it is likely to be sent to a select committee to obtain public feedback.

Human rights group Suara Rakyat Malaysia (Suaram) spokesperson Eric Paulsen said that, in Nirmala's case, a medical examination should be conducted to determine if she is fit to testify in open court or if it will be necessary for her to use the video-conferencing facility.

"In general, Suaram feels that testimony should be recorded via the traditional 'face to face' method before judges and lawyers. Principles like the exercise of cross-examination and the need for the demeanour of the witness to be observed in court, should be upheld," he said.

However, he said Suaram supports the use of video-conferencing in cases involving "vulnerable victims" such as children and rape complainants. In this respect, Nirmala's case could qualify if she is fearful of testifying in front of the alleged perpetrator.

Nirmala, 19, has alleged that her employer, Yim Peck Ha , is responsible for the severe injuries that she has sustained over the past five months.

Yim, a home-maker, was charged in the Kuala Lumpur Sessions Court last Saturday under sections 325 (causing grievous hurt) and 326 (causing grievous hurt using weapons or means) of the Penal Code. She has been denied bail and the trial dates have been fixed for July 26-28.

Effectiveness questioned

Women's Aid Organisation (WAO) executive director Ivy Josiah echoed the view that a clear-cut argument could be made in favour of "battered women and victims of domestic violence" being allowed to testify via video-conferencing, as is being done in Singapore.

However, she suggested caution in extending the practice, saying that this "should not be a reactive move, but one that has a proper objective", especially because this will be a new procedure for Malaysian enforcement and judicial authorities.

She also said all parties involved should be provided counselling - the complainant, the accused and the children of the accused (in the case involving Nirmala's employer, who has four children including seven-month-old baby).

Migrant workers' lobby group Tenaganita anticipates the wider use of video-conferencing in situations where foreign workers are involved, in case they are forced to return to their home-countries before the trial begins.

However, its director, Irene Fernandez, questioned the effectiveness of such testimony in relation to how much evidence can be brought out, in comparison to testifying in a courtroom.

"A detailed manner of questioning is imperative to bring out crucial evidence. I am not sure if using video-conferencing might result in some form of 'diluted' evidence being obtained," she said.

She further stressed the need to see to Nirmala's welfare, adding that she "needs to be empowered...the process of healing is important for her".

All Women's Action Society president Judith Loh disagreed with the proposal to allow Nirmala to testify using video-conferencing, saying such situations should be judged on a case by case basis..

"Unless the authorities are proposing to provide video-conferencing for (all ) victims of maid abuse or physical abuse, we don't think it is necessary for her to be given special consideration here," she said.

"Having said that, if Nirmala is overwhelmed by the idea of open court testimony, then we feel that the option of video-conference should be made available to her."

However, she agreed that video-conferencing would be appropriate for cases involving child victims and victims of sexual crime "as this will lessen their trauma considerably in relation to court proceedings".