Citation

V. N. Radhakrishna, Gita and Zan, Myint and Khong, Dennis Wye Keen (2013) Computer Evidence in Malaysia: Where are We? Research Journal of Internatıonal Studıes. pp. 1-18. ISSN 1556-5068

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Abstract

This paper undertakes a comparative study of the current issues and trends in the area of ‘computer generated documents’ in both civil and criminal proceedings, in Malaysia, the United States, England and Wales, and Singapore. It discusses the specific provisions in the Malaysian Evidence Act 1950 in the light of cases that highlight the challenges and concerns in this area. The research reveals that other jurisdictions under study, have moved away from ‘computer’ specific terminology in favour of the more neutral term of ‘electronic’ evidence since evidence is today gathered from a wide range of electronic sources. Rules and Practice Directions have been formulated to address disclosure of electronic data compilations and electronically stored information. Precedent cases from these jurisdictions highlight emerging issues in relation to discovery and a discernible trend from the courts, requiring good faith collaboration between parties and the imposition of penalties for non – disclosure and or damage to evidence.

Item Type:	Article
Uncontrolled Keywords:	computer evidence, electronic, discovery issues
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law (FOL)
Depositing User:	Ms Suzilawati Abu Samah
Date Deposited:	21 Apr 2015 01:30
Last Modified:	16 Jan 2017 02:54
URII:	http://shdl.mmu.edu.my/id/eprint/6006

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