Muhammed Yusoff Rawther Dato' Seri Anwar Bin Ibrahim PIHAK KETIGA 1. ) PENGARAH, JABATAN SIASATAN JENAYAH, POLIS DIRAJA MALAYSIA 2. ) Polis Diraja Malaysia (PDRM) BUKAN PIHAK-PIHAK 1. ) TAKIYUDDIN BIN HASSAN 2. ) Persatuan Peguam-Peguam Mus

Muhammed Yusoff Rawther Dato' Seri Anwar Bin Ibrahim PIHAK KETIGA 1. ) PENGARAH, JABATAN SIASATAN JENAYAH, POLIS DIRAJA MALAYSIA 2. ) Polis Diraja Malaysia (PDRM) BUKAN PIHAK-PIHAK 1. ) TAKIYUDDIN BIN HASSAN 2. ) Persatuan Peguam-Peguam Mus

The application was dismissed because the Plaintiff failed to demonstrate that the polygraph results met the necessity and relevancy threshold for third‑party discovery under Order 24 r 7A (mere assertions insufficient), the Plaintiff was judicially estopped by his earlier affidavit treating the results as privileged, and the polygraph report constituted communications made in official confidence within s 124 Evidence Act 1950 as part of police investigation papers (investigating officer certified non‑disclosure). Additionally, polygraph results are unsuitable for resolving credibility in civil trials and disclosure would risk floodgates and misuse of police resources.

Citation
WA-22NCvC-491-07/2021 (Mahkamah Tinggi)
Parties
Plaintiff (main): Muhammed Yusoff Rawther; Defendant (main); Plaintiff (counterclaim): Dato' Seri Anwar bin Ibrahim; Party Sought to Be Discovered: Ketua Pengarah Jabatan Siasatan Jenayah Polis Diraja Malaysia, Bukit Aman; Party Sought to Be Discovered: Polis Diraja Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 May 2024
Case Number
WA-22NCvC-491-07/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Discovery Application Under Order 24 Rule 7 a of the Rules of Court 2012 / Interlocutory Application Hearing; Judgment on Discovery Application
Outcome
Application dismissed
Legal Topics
Third‑party Discovery Under Order 24 R 7 a, Privilege Under S 124 Evidence Act 1950, Admissibility of Polygraph Evidence in Civil Proceedings, Judicial Estoppel, Public Interest and Floodgates Policy
Source Language
Malay/English
Civil Procedure Evidence Police/criminal Investigation Third‑party Discovery Under Order 24 R 7 a Privilege Under S 124 Evidence Act 1950 Admissibility of Polygraph Evidence in Civil Proceedings Judicial Estoppel Public Interest and Floodgates Policy

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Parties

Muhammed Yusoff Rawther

Plaintiff (main)

Dato' Seri Anwar bin Ibrahim

Defendant (main); Plaintiff (counterclaim)

Ketua Pengarah Jabatan Siasatan Jenayah Polis Diraja Malaysia, Bukit Aman

Party Sought to Be Discovered

Polis Diraja Malaysia

Party Sought to Be Discovered

Procedural Posture

Civil Suit Discovery Application Under Order 24 Rule 7 a of the Rules of Court 2012 / Interlocutory Application Hearing; Judgment on Discovery Application

Legal Issues

  1. 1 Whether the Defendant has locus to oppose a discovery application directed at a third party (RMP)
  2. 2 Whether the polygraph test results are relevant and necessary for discovery under Order 24 r 7A
  3. 3 Whether the polygraph test results are privileged under s 124 Evidence Act 1950

Ratio Decidendi

The application was dismissed because the Plaintiff failed to demonstrate that the polygraph results met the necessity and relevancy threshold for third‑party discovery under Order 24 r 7A (mere assertions insufficient), the Plaintiff was judicially estopped by his earlier affidavit treating the results as privileged, and the polygraph report constituted communications made in official confidence within s 124 Evidence Act 1950 as part of police investigation papers (investigating officer certified non‑disclosure). Additionally, polygraph results are unsuitable for resolving credibility in civil trials and disclosure would risk floodgates and misuse of police resources.

Court Disposition

Application dismissed

Orders

  • Plaintiff's application for discovery of the polygraph test results dated 17 December 2019 is dismissed.