Evidence of Gambling Expert Witness in Prosecuting Online Gambling Offences: Malaysia’s Experience and Way Forward

Park MGM, Las Vegas, NV

Abstract:

Accessibility of online gambling surges with rife coverage of the Internet worldwide including in Malaysia. Criminal procedures to curb rampancy of online gambling are the last bastion of the society from gambling disorder hazards. However, prosecuting online gambling offences poses ginormous technical challenges to police force and prosecutors. The assistance of gambling expert witness is sine qua non in proving attributes of games as gambling. The existing Malaysia legal framework stipulates for appointment of gambling expert witness in prosecuting traditional gambling offences but absence of online equivalent. This paper seeks to examine the general law on expert witness in Malaysia. This paper further aims to evaluate the application of gambling expert witness provisions under the Malaysian Common Gaming Houses Act 1953 [Act 289] and Betting Act 1953 [Act 495] in copious law cases. Lastly, this paper endeavour to provide insight in articulating future legal provisions on online gambling expert witness. There is indispensable legal need for inclusion of appointment of online gambling expert witness in formulating specific law on online gambling offences to address challenges that can potentially affect prosecution of online gambling offences.

Implication statements:

This paper strives to enlighten issues on application of gambling expert witness provisions under the current Malaysia gambling legal framework and attempt to impart findings on lack of law on online gambling expert in drafting specific law to prosecute online gambling offences.