OCTOBER 4 — From a litigation perspective, particularly in a criminal justice system, a prosecution’s case depends on the evidence they have against the accused. And that...
OCTOBER 4 — From a litigation perspective, particularly in a criminal justice system, a prosecution’s case depends on the evidence they have against the accused. And that evidence, in one way or another, comes from witnesses.
In assessing the credibility of a witness at the stand, the Evidence Act does not purport to lay down any rule as to the weight to be attached to the evidence of the witness when admitted.Dato Mokhtar Bin Hashim & Anor v Public Prosecutor [1983] 2 MLJ 232 Hence, it can be ascertained that an assessment of witness’s credibility is a mixture of both objective and subjective in the evidence before the court.
The learned judge, in his grounds of judgment, found that the key witness in the case Previin, was found unreliable. He further states that the court finds that the facts and evidence presented for the murder charge were unclear and did not prove that the five accused had the intention to kill the victim.
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