The Position of Similar Fact Evidence in Malaysia

Rajamanickam, Ramalinggam; Siang, Saw Wei; Ngah, Anisah Che; Rahman, Rizal

doi:10.5901/mjss.2015.v6n4p539

Cited by 4 publications

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“…As far as analysis is concerned, methods of content analysis, critical analysis as well as observations are used. The contents of these data and information, gathered from legal provisions, cases as well as other library sources, are carefully and critically analysed (Ramalinggam Rajamanickam et al, 2015). Often, such content analysis and critical analysis techniques involve authentic and creative process of stating, interpreting and clarifying existing laws on legal issues (Mahdi Zahraa, 1998).…”

Section: Methodsmentioning

confidence: 99%

Analysis on Admissibility of DNA Evidence in Malaysian Syariah Courts

Shariff¹,

Azhar²,

Rajamanickam³

et al. 2019

AJIS

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Qarinah is a kind of evidence which could be tendered in syariah courts' during trials. Syariah scholars and academicians have long acknowledged and recognized the unique and important role played by qarinah in syariah court proceedings. General acceptance, relevancy and admissibility of qarinah evidence have become the catalyst for admissibility on DNA evidence within the syariah legal fraternity. Amidst the relevancy and admissibility of DNA evidence under the current syariah legal provisions, ongoing debates on its application are brewing among contemporary academicians. Indeed, these debates stems from current legal provisions which are still underdeveloped. This article examines the admissibility of qarinah as well as DNA evidence in the light of the relevant provisions under the Malaysian Syariah Court Evidence Enactment. The research on which this article is based is qualitative and doctrinal in nature. All materials and information are analyzed through methodologies of content analysis and critical analysis. The article then looks into lacunas and gaps in the Malaysian Syariah Court Evidence Enactments as well as the Syariah Criminal Procedures Enactments and suggests on how to improve them.

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Section: Methodsmentioning

confidence: 99%

Analysis on Admissibility of DNA Evidence in Malaysian Syariah Courts

Shariff¹,

Azhar²,

Rajamanickam³

et al. 2019

AJIS

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“…This research adopted a content analysis method for analysing existing DNA-related provisions and cases to identify and examine the position of DNA evidence in the Malaysian courtroom. The relevant provisions and cases in the Malaysian Evidence Act 1950 are critically analyzed in order to get a sound finding (Ramalinggam Rajamanickam et al 2015).…”

Section: Methodsmentioning

confidence: 99%

The Assessment of Expert Evidence on DNA in Malaysia

Rajamanickam¹,

Na’aim

Zainudin³

et al. 2019

Academic Journal of Interdisciplinary Studies

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One of the most common forms of evidence used by the Public Prosecutor in a courtroom to prove a case is DNA evidence. The DNA evidence process started when the police collected the physical evidence relevant to the alleged offence at the crime scene. The collected evidence will then usually be sent to the Department of Chemistry Malaysia for DNA analysis. The chemist will extract the DNA from the relevant physical evidence by using specific techniques. The outcome of the analysis will be used to complete the investigation of the case. Being an independent organization, the Chemistry Department strives to provide impartial forensic science analysis. Thus, from the analysis, sometimes DNA evidence does not necessarily implicate the accused with the alleged offence but may also disclose the involvement of a third party in the alleged offence that may cast doubt on the prosecution’s case. This can be seen in the Federal Court’s case of Public Prosecutor v Hanif Basree Abdul Rahman [2008] 4 CLJ 1. The evidence will then be presented by the prosecution before the court to assist judges in making the right decisions. This indicates the important role played by an expert in the court decision making process. In this context, questions always arise as to the probative value of DNA evidence given by experts in the courtroom. Can the court convict a person solely on DNA evidence? This article focuses on the position of DNA experts in Malaysia under section 45 of the Evidence Act 1950. It was found that although the DNA evidence is given by the experts, the probative value depends on the nature of the evidence itself.

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“…Therefore, the data for this article were collected through relevant legislations and cases. Apart from that, the method of content analysis was used to analyse the data from the statutes and cases (Ramalinggam Rajamanickam et al 2015). Furthermore, the article made a comparative study with selected jurisdiction on the issue of prenuptial agreement.…”

Section: Methodsmentioning

confidence: 99%

Prenuptial Agreement: Legal Position in Malaysia

Rajamanickam

Kung²,

Shariff

et al. 2019

AJIS

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Prenuptial agreements are agreements made by couples before marriage concerning their assets. There are indeed many couples opting to prenuptial agreements before marriage. Prenuptial agreements can be very positive experience to some. A plethora of cases in England and other common law jurisdictions shows that prenuptial agreements are enforceable. However, there is a lacuna in law as regards to the position of prenuptial agreements in Malaysia. In other words, the legislation in Malaysia is still unclear on this issue. Being a pure legal study, the conducted research has been based on the qualitative design. Data and materials on prenuptial agreements are collected via library research method. These data and materials are then analysed by way of content and critical analysis methods. This article analyses the enforceability of prenuptial agreements by the common law in England, eventually comparing it to that of the Malaysian legal scenario. It then strives at identifying problems relating to such legal enforcement in Malaysia. This article eventually offers some legal suggestions on how to validate and enforce prenuptial agreements in Malaysia.

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The Position of Similar Fact Evidence in Malaysia

Cited by 4 publications

References 0 publications

Analysis on Admissibility of DNA Evidence in Malaysian Syariah Courts

Analysis on Admissibility of DNA Evidence in Malaysian Syariah Courts

The Assessment of Expert Evidence on DNA in Malaysia

Prenuptial Agreement: Legal Position in Malaysia

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