Malaysia Case Law: Decisions & Judgments

Topic

Admissibility of recorded conversations

Legal area

Court

13 Feb 2025

1. ) MOHAMAD ZULHISHAM BIN ZULKAFLI 2. ) Mohd Shahir Bin Ahmad Dewi - Dalam Jaminan 3. ) MUHAMMAD AZIM BIN MUHAMAD ADNAN 4. ) MOHAMED SYUKUR BIN GULAM MOHAMED

Citation

JA-61R-19-07/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-61R-19-07/2020 (Mahkamah Sesyen)

Court held prosecution proved all elements of offences: first accused solicited RM7,000 and all accused acted in furtherance of common intention; RM1,600 was corruptly obtained and second accused attempted to obtain RM1,400; recorded conversation admissible as not intercepted; statutory presumption under s50(1) applied and was not rebutted on balance of probabilities; convictions entered and concurrent sentences imposed.
15 Sept 2022

YUSMI BIN ARSHAD [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

Citation

RA-42(R)(A)-3-08/2020 (Mahkamah Tinggi)
Court

R
Case number

RA-42(R)(A)-3-08/2020 (Mahkamah Tinggi)

The High Court upheld the trial judge: the prosecution proved a prima facie case and ultimately proved the offences beyond reasonable doubt by cogent evidence including witnesses, documentary exhibits, admissible recorded telephone conversations and trap money; the defence failed to raise reasonable doubt; convictions and concurrent sentences were therefore proper and affirmed.
23 Feb 2020

JELAS KURNIA SDN BHD (NO.SYARIKAT: 799648-M) LOH YUEN SENG (NO. K/P: 640413-06-5773)

Citation

JA-22NCvC-223-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-223-10/2018 (Mahkamah Tinggi)

Time was not of the essence under the JVA and, in any event, approvals were effectively obtained earlier than alleged; the conditional approval imposing one-building-per-lot materially changed the project and was an unforeseen event outside the Defendant's control that rendered the Project commercially impossible, thereby frustrating the JVA; the recorded conversation and its translation were inadmissible and unreliable; the Plaintiff failed to discharge its burden to prove entitlement to RM2,000,000. Therefore the claim is dismissed and costs awarded to the Defendant.

Malaysia Case Law

1. ) MOHAMAD ZULHISHAM BIN ZULKAFLI 2. ) Mohd Shahir Bin Ahmad Dewi - Dalam Jaminan 3. ) MUHAMMAD AZIM BIN MUHAMAD ADNAN 4. ) MOHAMED SYUKUR BIN GULAM MOHAMED

YUSMI BIN ARSHAD [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

JELAS KURNIA SDN BHD (NO.SYARIKAT: 799648-M) LOH YUEN SENG (NO. K/P: 640413-06-5773)