Who Can Testify About the Cause of Death in a Malaysian Court and Is Their Statement Admissible?

Question from Salim, Who Can Testify About the Cause of Death in a Malaysian Court and Is Their Statement Admissible?

Answer from AI:

In Malaysia, the court can call upon several individuals to testify about the cause of death in a murder case. The admissibility of their statements depends on various factors, including their professional qualifications, the nature of their testimony, and the rules of evidence.

1. Medical Experts

Medical experts, particularly forensic pathologists, are often called to testify about the cause of death. They can provide expert opinions based on the autopsy report and other medical evidence. Their statements are generally admissible in court, provided they meet the requirements of the Evidence Act 1950.

2. Eyewitnesses

Eyewitnesses who saw the incident or discovered the body can also be called to testify. Their statements are admissible if they can provide firsthand accounts of the incident or the condition of the body when it was found.

3. Investigating Officers

Police officers or other law enforcement officials who investigated the case can testify about their findings. Their statements are admissible as long as they are relevant to the case and do not violate any rules of evidence.

4. Other Expert Witnesses

Depending on the circumstances of the case, other expert witnesses may be called to testify. For example, a forensic scientist might be asked to provide evidence about DNA or other forensic evidence.

Relevant Authority
The admissibility of these statements is governed by the Evidence Act 1950, which sets out the rules for evidence in Malaysian courts. Section 45 of the Act allows for expert opinions in certain cases, including medical experts. Section 60 allows for the admission of oral evidence of facts.

However, it’s important to note that the court has the discretion to determine the admissibility of evidence. The court will consider factors such as the relevance of the evidence, the credibility of the witness, and the probative value of the evidence.

Legal Advice

This is a general explanation and may not cover all aspects of the law. If you are involved in a criminal case, it’s important to consult with a legal professional who can provide advice based on the specific circumstances of your case.

For more information, you can refer to the Evidence Act 1950.