Criminals may escape due to rules of Evidence Act 1950, says Sri Ram

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KUALA LUMPUR: Many corrupt criminals may escape the law if the prosecution is required to prove each and every document under the strict requirements of the Evidence Act 1950, the High Court was told.

Lead prosecutor Datuk Seri Gopal Sri Ram said this in his submission at the corruption trial of Datuk Seri Najib Razak involving RM2.28bil here yesterday.

“Bringing corrupt individuals to justice by the strict rules governing the prerequisites to admissibility under the Evidence Act may prove to be an insurmountable hurdle, especially when in these days where transactions in the millions can be carried out electronically in the flash of an eye or where, as here, millions in cash are surreptitiously handed over.

The prosecution contended that the recording and transcript of the audio came within the ambit of Sections 6, 7, 8 and 9 of the Evidence Act 1950. On the defence’s objection to the admission of the recording and the transcript because they were “improperly obtained”, Sri Ram said cases decided by the Privy Council, the Supreme Court of the United States and the Courts of Scotland were unanimous in saying that the general principle on the matter was that relevant evidence, however obtained, was admissible.

 

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