LAW OF EVIDENCE I

TUTORIAL 2 (Week 3)

1. Section 2 Evidence Act 1950:

“This Act shall apply to all judicial proceedings in or before any court, but not to
affidavits presented to any court or officer nor to proceedings before an arbitrator.”

Critically evaluate the application of the above section.

2. Explain the meaning of the following:

a. fact in issue

b. fact relevant to fact in issue

c. oral evidence

d. documentary evidence

e. real evidence

3. “It is trite that the provisions of the Evidence Act 1950 do not apply to affidavit
evidence.”

Critically evaluate the above statement.

4. “The courts are no longer confined to the best evidence rule but that all relevant
evidence is admissible subject only to weight to be attached to it…….”
(Per Lee Swee Seng JCA in Dato' Kanagalingam Veluppillai v Majlis Peguam Malaysia
[2022] 2 CLJ 858, CA)
Critically evaluate the above statement.

5. Identify 3 main types of evidence adduced during trial and explain the procedure to be
followed to adduce these evidence in court in both civil & criminal cases.

6. The Accused, Gila was charged with the murder of a woman ('Cantik), on a farm in
Banting, Selangor, between 8.30pm and 9.45pm on 30 August 2017.The Prosecution
alleges that Cantik was murdered on the farm, her body burnt, and the ashes disposed of.
Identify the type of evidence and advise the prosecution on the relevancy of the
following:
a. testimony of PW1, (a worker at the farm) that he saw Gila battering Cantik with a
cricket bat;
b. PW1 is crossed examined on his previous convictions for drug related offences
and a stern warning issued by Gila to report him if he continues to use drugs;
c. testimony of PW2(Cantik’s daughter) that Cantik had informed her that she was
going to meet Gila in Banting on 30 August 2017 to settle a dispute,
d. electronic Evidence of Data obtained from cellphone service providers showing
that the last calls made by Cantik came from the area where the farm was located;
e. testimony of PW3 (Cantik’s business partner) that Gila and Cantik had dealings
over certain land transactions which had caused a dispute between them;
f. testimony of PW4 that the cellphones and watches belonging to the victim was
discarded into a pond located within Gila’s farm;
g. testimony of PW5 that the police recovered a blood-stained cricket bat and
human bones buried in the farm.