1. Following the signing of the Memorandum of Judicial Cooperation signed in March 2024 between the Supreme Court of Brunei Darussalam and the Federal Court of Malaysia, the second lecture of the Brunei-Malaysia Judicial Lecture Series was held on 27 November 2025 focusing on the theme ‘Sexual Offences against Children’.
2. The online lecture series brought together 40 participants from both jurisdictions comprising of judges and judicial officers. The session opened with remarks made by Puan Azniza binti Mohd Ali, Director of the Policy and Legislation Division, Office of the Chief Registrar of the Federal Court of Malaysia. In her remarks, she stated that the Lecture Series has been instrumental in strengthening the ties between the two judiciaries and fostering meaningful exchanges of knowledge and experience. She also highlighted the importance of the topic given the rise in such cases and the increasingly disturbing avenues for exploitation created by technology.
3. The first presentation was delivered by Yang Berbahagia Datin Kunasundary a/p Marimuthu, Sessions Court Judge in Court for Sexual Crimes Against Children, Putrajaya and titled ‘Overview of Sexual Offences Against Children in Malaysia’. The presentation emphasized Malaysia’s commitment to protecting children within the justice system, notably through the establishment of a specialized court, the Court for Sexual Crimes against Children and the enactment of the ‘Sexual Offences against Children Act 2017 [Act 792]’. Together with the Evidence of Child Witness Act 2007 [Act 676], these legislative frameworks provide robust safeguards designed to protect children and facilitate their participation in the court room to reduce distress.
4. The second presentation on ‘Conducting Child Sexual Offence Trials: Credibility, Challenges and Judicial Approaches’ was made by Judge Pengiran Masni binti Pengiran Haji Bahar, Intermediate Court Judge of Brunei Darussalam. Judge Pengiran Masni outlined the legal framework in Brunei and discussed the complexities in cases involving children and vulnerable witnesses, particularly those with disabilities. She highlighted the laws on evidence including provisions on how children may testify, the assessment of their competency and the application of the “unusually convincing” standard, a principle used when conviction relies primarily on the child’s testimony. Overall, she stressed the need for judicial flexibility and sensitivity in managing such trials to ensure the protection of victims and the preservation of the accused’s right to a fair trial.
SUPREME COURT OF BRUNEI DARUSSALAM
2 DECEMBER 2025
