EVIDENCE

TEOH KIANG HONG v. THEOW SAY KOW & OTHER APPEALS [2025] 2 CLJ 683 (Federal Court)

Case Digest :

[1] The dictionary meaning indicated a consensus that recantation is a form of retraction or withdrawal of prior testimony. As far as the Malaysian law of evidence is concerned, neither the word “recantation” nor the procedures related to it are expressly provided for in the Evidence Act 1950. While there is no established procedure for recantation of evidence in Malaysian law, the principles in Khoon Chye Hin v. PP [1961], regarding inconsistent witness testimony, may be applied to assess the credibility of a witness who has recanted his evidence. Recantation or retraction of evidence occurring during the trial is a matter for assessment of evidence of the alleged unreliable or untruthful witness. The court must carefully scrutinise the entire evidence of a witness who has recanted, including both prior and post-recantation statements, and assess his credibility in light of other evidence.

[2] A party to a suit or a witness engaged by a party is considered an interested witness. However, the evidence of an interested witness should not be automatically rejected in its entirety. The court must assess the credibility and reliability of their evidence in light of other evidence. The weight accorded to expert testimony should not solely depend on whether the expert is employed by the Government or paid by a party. The court must consider the expertise, independence, and the quality of the expert’s analysis.

PENDAFTAR HAKMILIK, PEJABAT TANAH DAN GALIAN NEGERI JOHOR v. HUAN KOK SY [2025] 2 CLJ 871 (Court of Appeal)

Case Digest:

In both civil and criminal proceedings, there is nothing in the Evidence Act 1950 which allows the statements or findings of facts in another case to be relevant and admissible evidence in a subsequent case to decide the points which are in issue in the subsequent case, except if the judgment, order or decree sought to be admitted falls under any of the provisions of ss. 40 to 43 of the EA 1950.

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