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SUIT 1333, RESEARCH MAP, CHARGE, RESEARCH, On the basis of false…

- - - - Limitations and risks:
        
        Weight vs Admissibility
        
        'Trial' exceptions - if affidavit is being used as a witness statement in a full trial, then rules under EA is applicable.
        
        Under O41 R6, the court can strike out any part of an affidavit that is scadalous, irrelevant or oppressive.
        
        Why is S2 even there ?
        
        It acts as a jurisdictional boundary.
        
        [44] Further, the admissibility of the affidavit is a distinct question from the weight a court should accord to the evidence. The evidence contained therein must still meet a minimum threshold of reliability before a court will accord it any weight. What this minimum threshold is will depend on the facts of each case but it should not be permissible for a deponent to obtain leave to commence judicial review simply by stating - without more - that he has been told something that he believes to be true. He must identify the source.
        Dato’ Sri Mohd Najib bin Tun Hj Abd Razak v Menteri Dalam Negeri & Ors [2024] MLJU 1695
    - - [21] At this juncture, it is important to bear in mind that besides section 32(1)(b) of the Evidence Act, the learned SCJ should have also considered section 73A(1) of the Evidence Act, which deals specifically with documentary evidence in civil cases.
        Provided that the condition that the maker of the statement shall be called as a witness need not be satisfied if he is dead, or unfit by reason of his bodily or mental condition to attend as a witness, or if he is beyond the seas and it is not reasonably practicable to secure his attendance, or if all reasonable efforts to find him have been made without success.
        Kanagesh Kumar a/l Mahendran v Sadiah bt Muhammad Taib [2022] MLJU 23, null
      - Evidence by witness statement (O. 38, r. 2)