21 Jul 2021
KANAGESH KUMAR A/L MAHENDRAN SADIAH BINTI MUHAMMAD TAIB
- Citation
- JA-12B-103-12/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12B-103-12/2020 (Mahkamah Tinggi)
The trial judge erred in excluding bystander statements and photographs as inadmissible hearsay because the statements formed part of the res gestae and the photographs were admissible circumstantial evidence; the Affidavit of Non-Service was admissible under s.32(1)(b) and s.73A and the court could have exercised its discretion to admit it, so there was no justification for drawing an adverse inference for non-production of the Investigating Officer; on the totality of admissible evidence the Plaintiff discharged the burden on a balance of probabilities and liability was established; the Ses…