Existing law needs to be amended if there is proposal on polygraph use: Malaysia’s Chief Justice

SANDAKAN (Bernama) – The existing laws such as the Evidence Act 1950 need to be amended if there are proposals to use polygraph tests in proving cases in courts.

Chief Justice of Malaysia Tan Sri Tengku Maimun Tuan Mat said the judiciary never thought of using polygraph tests, but if there are suggestions on the matter, the first step is to look into the law on the process of getting evidence in court.

“I think, first of all, we have to look if it involves the provisions of existing laws, which have to be amended as the process of getting evidence in court now comes under the Evidence Act 1950.

“If there is something new to be implemented in court involving the evidence of witnesses, of course we have to see if there is a need to amend the existing laws,” she told reporters during her visit to the Sandakan Court yesterday.

On October 14, Director-General of the National Centre for Governance, Integrity and Anti-Corruption (GIACC) Tan Sri Abu Kassim Mohamed proposed the use of polygraph tests, a device to record physiological indicators to detect deceptive answers in court, but left it to the judiciary to evaluate them.

On her visit to the Sandakan Court, Tengku Maimun said she was satisfied with the performance of the court, including hearing cases in Beluran, Kinabatangan and Telupid.

“There are not many outstanding cases here. There are only three as the Federal Court rule that they cases have to be transferred back here,” she said.