Dato’ Kanalingam Veluppillai v. Majlis Peguam Malaysia [2022] 2 MLRA 680 CA

Dato’ Kanalingam Veluppillai v. Majlis Peguam Malaysia [2022] 2 MLRA 680 CA:

Whether The CD Produced Before The DC Is Nevertheless Admissible Under Section 90A Of The Evidence Act 1950 Being Computer-Produced Evidence?

[96] Our Evidence Act 1950 has kept abreast with advancement in technology such that the default position and general rule is that where documents produced, and that would include recording or production of recording via memory card or CD, by a computer is concerned such evidence is admissible under s 90A and the weight attached to it may vary based on the circumstances set out in s 90B of the Evidence Act 1950.

[97] The intention of Parliament was to allow the benefit of new technology to be harnessed forensically and to overcome technical objections of a copy not being admissible because the original is not produced or that it is lost, misplaced or irretrievable or that what is produced is not a copy from the original but a copy from a copy ad infinitum.

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