Latest news with #EvidenceAct1950
Daily Express
04-07-2025
- Daily Express
Abuse of position: Ex-assistant civil engineer to know fate August 20
Published on: Friday, July 04, 2025 Published on: Fri, Jul 04, 2025 By: Jo Ann Mool Text Size: The offence under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 is punishable under Section 24 of the same Act, which provides for a jail term of up to 20 years,and a fine of not less than five times the amount involved or RM10,000, whichever is higher. Kota Kinabalu: A former assistant civil engineer, who appealed against the 12 months' jail sentence and RM20,000 fine on two counts for abusing his position in awarding a road maintenance project to his sister's company, will know the outcome of his appeal on Aug 20. High Court Judge Datuk Celestina Stuel Galid on Thursday fixed the date for appellant Herwan Malik after hearing his appeal against the Sessions Court's decision and submissions from the prosecution as the respondent. Advertisement Herwan, 40, who was challenging both his conviction and sentence, appealed to set aside the decision made by the trial judge. On Aug 29, 2023 he was convicted and sentenced to 12 months' jail and RM10,000 fine in default three months' jail on the first count for misusing his position as the committee member in making a decision on Kota Marudu District Office quotation to select Pemborong Sri Tassha which belonged to his sister Rozanah Malik, 32, to carry out the road maintenance project along Jalan Pertanian in Kg Sungai Laut, Kota Marudu. The offence took place between 8am and 5pm on Feb 28, 2013 at the Kota Marudu District Office. On the second count, Herwan was jailed another 12 months plus RM10,000 fine, or three months' jail for misusing his position to award the road maintenance project in Kg Pendawar, Kota Marudu, to the same company at the same place at 3pm on April 30, 2014. The offence under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 is punishable under Section 24 of the same Act, which provides for a jail term of up to 20 years,and a fine of not less than five times the amount involved or RM10,000, whichever is higher. Herwan was ordered to serve the jail sentence concurrently but he managed to obtain a stay of execution pending an appeal to the High Court. Counsel Shahlan Jufri, representing the appellant, raised 10 grounds of appeal, which summarised that the trial judge failed to properly evaluate all the evidence adduced during the trial and did not fairly or justly assess the defence. He further argued that the Sessions Court judge erred in law and in fact by concluding that his defence was an afterthought, a bare denial, and a fabrication of evidence. He also claimed the judge failed to draw an adverse inference under Section 114(g) of the Evidence Act 1950 against the prosecution, and erred in finding that he had failed to rebut the presumption under Section 23(2) of the Malaysian Anti-Corruption Commission Act (MACC) 2009. Deputy Public Prosecutor Haresh Prakash Somiah urged the court to uphold the Sessions Court judge's findings and dismiss the appeal. He submitted that the evidence before the court had been tested for its truthfulness, and the credibility of all the respondent's witnesses remained intact and that the appellant's evidence, on the other hand, was shown to suffer from contradictions and bare denials. He further argued that the respondent had successfully proven his case beyond reasonable doubt and that there was reason for the court to interfere with the Sessions Court judge's findings. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
Borneo Post
11-06-2025
- Automotive
- Borneo Post
Academician calls for compulsory dashcams in all Malaysian vehicles
Muzaffar has called for dashcams to be made mandatory in all vehicles in Malaysia to enhance road safety and support legal proceedings. – Photo by Kevin Embol KUCHING (June 11): Dashcams should be mandatory in all vehicles in Malaysia to enhance road safety and support legal proceedings, said Dr Muzaffar Syah Mallow. In this regard, the Universiti Sains Islam Malaysia's Faculty of Syariah and Law associate professor urged the government to review existing laws, particularly the Road Transport Act 1987 (Act 333), to introduce new provisions making dashcams mandatory. 'The government can consider requesting vehicle owners in the country to instal dashcam inside their vehicle by themselves or requesting car manufacturers in the country to add a dashcam component to every vehicle which they produce. 'Whatever approach we take, we should never undermine the importance of a dashcam. With so many issues which occur on the road, dashcam footage can serve as vital evidence when needed,' he said in a statement today. He explained that modern dashcams, now compact and easy to mount, allow drivers to record visuals of any road incidents they encounter. 'Drivers may opt to instal dashcams in their vehicles for liability protection. I f a driver is involved in an accident or is accused of a crime, the lawyer may be able to use the footage from a dashcam as evidence to assist the driver with their legal battle in court,' he said. Highlighting the risks drivers face—such as accidents, snatch theft, road bullying, and harassment—Muzaffar said recorded visual evidence can assist them in filing police reports, insurance claims, and even in legal cases. Legally, Dr Muzaffar said dashcam footage qualifies as admissible documentary evidence in court, provided it is relevant, strong, and credible. He cited Section 3 of the Evidence Act 1950 (Act 56), which states that evidence includes both oral and documentary forms, such as visual recordings. 'This view is based on the case of Chin Seow Noi v PP (1994) 1 SLR 135, where the court said that 'The use of the single word 'includes' in our Section 3 is clearly intended to make the definition of evidence in our Evidence Act an extensive one.' 'The use of the word 'includes' in Section 3 of the Evidence Act 1950 [Act 56] was intended to make the definition of evidence in the section extensive. Meaning, we can use a dashcam footage as evidence. 'As long as the evidence tendered is relevant, strong and credible to our case, it can be accepted by the court,' Muzaffar explained. dashcam Dr Muzaffar Syah Mallow lead
Borneo Post
10-06-2025
- Politics
- Borneo Post
Sabah Town Hall gathers input for criminal law reform
Tan Sri Datuk Harmindar Singh Dhaliwal KOTA KINABALU (Jan 10): The Criminal Law Reform Committee (CLRC), tasked with reviewing and proposing reforms to the Penal Code [Act 574], Criminal Procedure Code [Act 593], and Evidence Act 1950 [Act 56], successfully held a Town Hall session in Sabah on Monday to gather input from stakeholders in the state. This session follows a similar series held in Peninsular Malaysia on 21 May 2025. The Town Hall was chaired by Tan Sri Datuk Harmindar Singh Dhaliwal, former Federal Court judge and chairman of CLRC, alongside his deputy, Datuk Ravinthran N. Paramaguru, a Court of Appeal judge. Also in attendance was Datuk Zamri Misman, Director-General of the Legal Affairs Division, Prime Minister's Department. The Legal Affairs Division of the Prime Minister's Department said in a statement on Monday that the session aimed to collect suggestions and feedback from Sabah stakeholders regarding criminal law reforms, including the introduction of new offences, amendments to evidence law, burden of proof and sentencing, improvements to fair trial principles, and enhancements to pre-trial procedures — all aligned with the goal of strengthening overall criminal justice. This initiative was spearheaded by Dato' Sri Azalina Othman Said, Minister in the Prime Minister's Department (Law and Institutional Reform), as part of a comprehensive national consultation effort. The inclusive approach emphasizes broad participation from various segments of society, including vulnerable groups, professionals and civil society, to ensure fair, equitable and people-centric legal reforms. The overwhelming response during the Sabah Town Hall highlights the initiative's relevance to the public and reflects a collective commitment towards criminal justice reform. It aligns with the MADANI Government's efforts to ensure the nation's legal framework remains relevant, effective, and just in addressing technological advancements, socio-economic developments, emerging threats, and international best practices. To allow more public participation, the deadline for submitting feedback on proposed criminal law reforms has been extended from 31 May 2025 to 15 June 2025. The Legal Affairs Division, Prime Minister's Department extends its highest appreciation to all ministries, government agencies, civil society organizations, higher education institutions, the Malaysian Bar Council, Sabah Law Society, CLRC committee members, and researchers for their valuable contributions. The establishment of the CLRC is a special initiative to review and propose reforms to three key laws — the Penal Code [Act 574], Criminal Procedure Code [Act 593] and Evidence Act [Act 56] — within 18 months in a phased manner. So far, the Committee has held two meetings to discuss the direction of the study and planned reform phases. To strengthen the study's implementation, an Ad Hoc Committee comprising legal, enforcement, technology and civil society experts has also been formed to provide ongoing technical and strategic input. The Chair and members of both committees were appointed by Azalina, reflecting the MADANI Government's commitment to comprehensive legal reforms. This effort aims to ensure the country's criminal justice system becomes more responsive, fair and effective while upholding the rule of law and protecting individual rights.
The Sun
04-06-2025
- General
- The Sun
Nine-year-old boy allegedly sodomised by schoolmate
PETALING JAYA: A 12-year-old boy who allegedly sexually assaulted his nine-year-old schoolmate cannot be prosecuted under Malaysia's current legal framework, highlighting a significant gap in the country's child protection laws. Kelantan police chief Datuk Mohd Yusoff Mamat confirmed that while the 12-year-old suspect has been arrested and investigated for the alleged sodomy incident, he cannot face charges in court due to Section 113 of the Evidence Act 1950. The law stipulates that children below 13 years of age are considered incapable of committing rape based on an 'irrebuttable presumption,' effectively placing them beyond prosecution for such offenses. According to Buletin TV3, the alleged sexual assault occurred approximately two months ago between the two boys, who attend the same primary school in Kelantan. The victim subsequently informed his mother about the incident, prompting her to file a police report. 'The incident took place once and following that, the victim's mother came forward to lodge a police report,' Mohd Yusoff was quoted as saying. The police chief expressed concern about the legal limitation, calling for amendments to address what he sees as an increasing problem involving underage perpetrators. 'Therefore, I am of the view that this section should be amended to allow for the perpetrator to be charged, as there have been many cases involving suspects who are also underage children,' he said. The case underscores ongoing debates about how Malaysia's legal system should handle serious crimes committed by children, particularly as incidents involving juvenile offenders continue to emerge across the country.
The Sun
04-06-2025
- General
- The Sun
12-year-old who allegedly sodomised schoolmate cannot be charged under current Malaysian law: Kelantan police chief
PETALING JAYA: A 12-year-old boy who allegedly sexually assaulted his nine-year-old schoolmate cannot be prosecuted under Malaysia's current legal framework, highlighting a significant gap in the country's child protection laws. Kelantan police chief Datuk Mohd Yusoff Mamat confirmed that while the 12-year-old suspect has been arrested and investigated for the alleged sodomy incident, he cannot face charges in court due to Section 113 of the Evidence Act 1950. The law stipulates that children below 13 years of age are considered incapable of committing rape based on an 'irrebuttable presumption,' effectively placing them beyond prosecution for such offenses. According to Buletin TV3, the alleged sexual assault occurred approximately two months ago between the two boys, who attend the same primary school in Kelantan. The victim subsequently informed his mother about the incident, prompting her to file a police report. 'The incident took place once and following that, the victim's mother came forward to lodge a police report,' Mohd Yusoff was quoted as saying. The police chief expressed concern about the legal limitation, calling for amendments to address what he sees as an increasing problem involving underage perpetrators. 'Therefore, I am of the view that this section should be amended to allow for the perpetrator to be charged, as there have been many cases involving suspects who are also underage children,' he said. The case underscores ongoing debates about how Malaysia's legal system should handle serious crimes committed by children, particularly as incidents involving juvenile offenders continue to emerge across the country.
