Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Electronic evidence (whatsapp)

  • 27 May 2025

    EVERFRESH FRUITS IMPORT TRADING SDN. BHD. CARZO SDN. BHD.

    Citation
    WA-A72NCC-54066-12/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-A72NCC-54066-12/2024 (Mahkamah Majistret)

    Defendant failed to produce positive evidence of a bona fide triable defence and could not rebut the clear, consistent documentary trail (invoices, delivery notes, account statements and WhatsApp communications); electronic documents were admissible for the interlocutory application and estoppel applied to the defendant's denial of the representative, therefore summary judgment was appropriate for the undisputed debt.

  • 27 Sept 2024

    SOBRI BIN HARUN

    Citation
    AP-83-28-06/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AP-83-28-06/2022 (Mahkamah Majistret)

    The prosecution failed to establish a prima facie case because the complainant's testimony was not unusually convincing (inherent improbability in the description of the act, material contradictions with investigating officer's evidence and complainant's subsequent conduct), there was no independent corroboration, the prosecution withheld testimony of a material witness (Fatin) invoking s114(g) Evidence Act 1950, WhatsApp screenshots lacked admissible foundation and the police investigation was incomplete; therefore the accused was not called to enter defence and was acquitted and discharged.