LLB40103 –

EVIDENCE I
RELEVANCY CONCEPT
Summary of EA - Relevancy

Facts which may

be proved

Relevant facts
ss6-16, ss17-31, ss34-38, s39,
Fact in issue s40-44, ss45-51, ss52-55
 ss6-16 Facts connected with facts in issue
 ss17-31 admission & confession
 ss32-33 sttmt person who cannot be called as witnesses
 ss34-38 sttmt made under special circumstances
 s39 how much of a sttmt to be proved
 ss 40-44 Judgment in other cases
 ss 45-51 opinions
 ss 52-55 character
Summary of EA - Proof

Types of evidence
to be given

Other facts, if in issue

Facts which need
or relevant
not be proved
may be proved by

Facts judicially Documentary

Facts admitted Oral evidence
notice evidence
s. 58 ss.59-60 ss.61-99
ss 56-57
Summary of EA – Production & effect
of evidence

Production & effect

of evidence

Witnesses &
Improper admission
Burden of proof Estoppel examination of
& rejection of evi
ss 101-114 ss 115-117 witness
s 167
(who should (who should not ss 118-166
(consequences
adduce evidence) adduce evidence) (how evi should
of mistake)
be adduced)
Relevancy

 The main concern of law of evidence is about facts which are relevant
to be given as evidence to prove fact in issue.
 "fact" means and includes -
 (a) any thing, state of things or relation of things capable of being perceived
by the senses;
 (b) any mental condition of which any person is conscious;
Relevancy & fact
 ILLUSTRATIONS
 (a) That there are certain objects arranged in a
certain order in a certain place is a fact.
 (b) That a man heard or saw something is a fact.
 (c) That a man said certain words is a fact.
 (d) That a man holds a certain opinion, has a certain
intention, acts in good faith or fraudulently, or uses a
particular word in a particular sense, or is or was at a
specified time conscious of a particular sensation, is a
fact.
 (e) That a man has a certain reputation is a fact;
Relevancy & Fact in issue

 "fact in issue" means any fact from which, either by

itself or in connection with other facts, the existence,
non-existence, nature or extent of any right, liability or
disability asserted or denied in any suit or proceeding
necessarily follows;
Relevancy & Fact in issue

 ILLUSTRATIONS
 A is accused of the murder of B.
 At his trial the following facts may be
in issue:
 that A caused B's death;
 that A intended to cause B's death;
 that A had received grave and sudden
provocation from B;
 that A at the time of doing the act which
caused B's death was by reason of
unsoundness of mind incapable of knowing
its nature;
Relevancy & Fact in issue

 Facts in issue are necessary to be proven in establishing

right, liability or defence in civil or criminal case.
 It may be proven by direct evidence, and in the absence
of it, by circumstantial evidence.
Relevancy i.e relevant fact

 Section 3 EA:-
 "relevant" one fact is said to be relevant to another when
the one is connected with the other in any of the ways
referred to in the provisions of this Act relating to the
relevancy of facts.
Relevancy
 Fact which is declared relevant by section 6-15 of Evidence Act 1950
will be admissible unless expressly inadmissible by the Act.
 Section 136 provides:-
 (1) When either party proposes to give evidence of any fact, the court may
ask the party proposing to give the evidence in what manner the alleged
fact, if proved, would be relevant; and the court shall admit the evidence if
it thinks that the fact, if proved, would be relevant, and not otherwise.
Relevancy

 PP v Dato’ Seri Anwar Ibrahim (No. 3) [1999] 2

MLJ 1, the word ‘proposes’ in that section
means that the court may exercise the power
when the party wishes to call a witness, i.e.
the court has the power to inquire into the
relevancy of a proposed witness before he
even begins to give evidence.
 Thus, a party does not have an automatic right
to call person as a witness. It has been limited
by the abovementioned case.
Relevancy = admissibility ?

 Not every relevant fact is admissible.

 E.g.???
 Tampered evidence, hearsay evidence…
 But if the facts is irrelevant, definitely it is
inadmissible.
 Relevant facts
Course of Trial
 Section 137 Evidence Act 1950 Examination-in-
chief, cross-examination and re-examination:-
 (1) The examination of a witness by the party
who calls him shall be called his examination-
in-chief.
 (2) The examination of a witness by the
adverse party shall be called his cross-
examination.
 (3) Where a witness has been cross-examined
and is then examined by the party who called
him, such examination shall be called his re-
examination.
Course of Trial
 Section 138 Evidence Act 1950 - Order of
examinations and direction of re-examination:-
 (1) Witnesses shall be first examined-in-chief, then, if the
adverse party so desires, cross-examined then, if the party
calling them so desires, re-examined.
 (2) The examination and cross-examination must relate to
relevant facts, but the cross-examination need not be
confined to the facts to which the witness testified on his
examination-in-chief.
 (3) The re-examination shall be directed to the explanation
of matters referred to in cross-examination; and if new
matter is, by permission of the court, introduced in re-
examination, the adverse party may further cross-examine
upon that matter.
 (4) The court may in all cases permit a witness to be recalled
either for further examination-in-chief or for further cross-
examination, and if it does so, the parties have the right of
further cross-examination and re-examination respectively.
Cross examination

 No evidence is complete unless it is subjected to cross

examination.
 Mere right or opportunity to cross examine is enough.
 Actual cross examination is not necessary.
 Section 33(b) of Evidence Act 1950.