Professional Documents
Culture Documents
POLICE
Matters The rules of evidence are not applicable to
domestic tribunal ..
A) SOURCES AND
APPLICATION OF EA Judicial Proceeding
The main source of the law of Evidence Definition of judicial proceedings:
in Malaysia is the Evidence Act 1950. Section 2 CPC - any proceedings in
It has general application to all the course of which evidence is or
persons regardless to race or religion. may be legally taken
2. Circumstantial Evidence
the best evidence
D) BEST EVIDENCE RULE
Evidence which affords greater certainty
PP v LIM KUAN HOCK
of the facts in question
Court had to consider whether the
evidence of alibi, given by the accused was
Omychund v Barker
the best evidence. The best evidence, a
There is but one general rule of evidence,
witness whom the accused should have
the best that the nature of case will admit
called, was not produces or tested
therefore it was held that the weighing the
Should the best evidence rule apply?
credibility of the evidence of the accused, it
a) Admissibility - court only accept the
was weak and conviction was warranted
best
b) Weight - 2nd choice can be admitted
KPM KHIDMAT SB v TEY KIM SUE
but reduce in value
Admissibility of summary of account which
was tendered as proof that the appeallant
R v QUINN & BLOOM
had owed the respondent a sum of money
F: P arose out of a striptease performances
for works completed. Resp could not
alleged to have been conducted at the
produce the original documents as he did
premise where the appellant carried on
not know of its whereabouts.
business as club proprietors. One of the
H: Must bring original unless destroyed or
exhibits was a film which was a
lost
reconstruction of the performance taken 3
months after the event complained.
GNANASEGARAN v PP
H: Court rejected as it was not the best
Section 90A - computer generated
documents. Did not bring the documents
KAJALA v NOBLE
but bring the person who writes the
Appellant was charged with behaving in a
documents
threatening manner. At the hearing, a
H: Best evidence rule.
video-cassette recording which showed the
appellant behavior was admitted in court.
However, only a copy of the recording was
adduced as the original was in the
possession of BBC which has the policy
which did not allow original documents to
leave their premise.
H: Court was not confined to the best
evidence rule but could admit all relevant
evidence