LEGAL REMEDIES FOR FRAUD COMMITTED BY FORENSIC EXPERT WITNESSES IN MALAYSIA

Abstract

This research investigated fraud committed by forensic expert witnesses in the Malaysian justice system. Expert witnesses are individuals called by the relevant parties to give professional opinions on matters of their specialisation which they cannot mislead, be dishonest, or be biased. However, fraud by forensic expert witnesses does exist and proving fraud against them could be difficult, but not impossible. When fraud is committed by forensic expert witness and there are ways to prove it, then there must be legal remedies made possible to curb or mitigate the issue, but it has not been identified. Thus, this research aims to analyse acts of fraud committed by forensic expert witness in the Malaysian justice system, to examine how the Malaysian justice system could resolve the problem of fraud by forensic expert witnesses, and to justify recommendations on the legal remedies for the Malaysian justice system. This research is a qualitative research. Data were collected using document analysis, namely books, reported cases and other materials relating to forensic fraud. This research revealed that the forensic expert witnesses do commit fraud in many forms such as misrepresentation of scientific knowledge, failing to disclose material information, abuse of position and perjury or false testimony. To establish fraud, four elements must exist, which are a false statement, intent, knowledge, and damage. More crucially, in order to prove fraud, the burden of proof and the standard of proof must be established. Then, there are legal remedies available as a criminal and civil actions to mitigate the forensic expert witnesses from committing fraud, which include compensation for damages, restitution, and deterrence. There are recommendations to be considered for forensic expert witnesses and to mitigate fraud from being committed by them in the Malaysian justice system. It is recommended action be taken to assist the forensic expert witness, including certain requirements for a forensic expert witness and maintaining professionalism in providing testimony. It is also recommended that guidelines or procedures be developed for forensic expert witnesses to follow while giving testimony in court. The findings of this research are likely to have an impact on Malaysian legislators in terms of improving the law and mitigating fraud by forensic expert witnesses. The public should also play a role in dealing with fraud when detecting fraudulent offenses in court proceedings or witness statements by lodging complaints accordingly.