Assignment

Law of Evidence II (LIA 4014/LXEA4122)

In the case of Ishtiaq Ahmad Khan v Public Prosecutor [2020] 6 CLJ 187, Zabariah Mohd Yusof
JCA said :

The law pertaining to the admission of statements recorded under s. 27 of the EA is that,
given that s. 27 is an exception to the rule on confession, the requirements must be strictly
adhered to, before it can be admitted as evidence. The court must be vigilant before
admitting whatever information allegedly given to the police that leads to discovery.
Therefore, the exact words used by the accused person must be shown and adduced to the
court before it can be admitted under s. 27. In Pang Chee Meng v. PP [1992] 1 CLJ 39;
[1992] 1 CLJ (Rep) 265; [1992] 1 MLJ 137 where Abdul Hamid Omar LP reminded the
courts of the need for vigilance "to ensure the credibility of evidence by the police
personnel in respect of this section, (that is, s. 27 ) which is so vulnerable to abuse".
(emphasized added)

Based on the above quotation, relevant sections of the Evidence Act 1950 and decided cases,
discuss the statement ‘(that is, s.27) which is so vulnerable to abuse’ in the context of section 27
of the Malaysian Evidence Act 1950.

Guidelines to students

1. The word count should not exceed 3000 words.

2. Please type using font Times New Roman size 12, and double spacing.
3. Assignments with cut and paste work; plagiarism and undeclared sources will
automatically be given a fail mark.
4. Student must prepare the assignment using the correct format, that there must be an
introduction, body of contents, footnotes, conclusion and bibliography.
5. Deadline; 22 MAY 2022. Assignments submitted after 22 MAY 2022 will not be
accepted.