Country’s evidence law must keep up with digital age, says Federal Court judge

 Collin Lawrence Sequerah says courts are increasingly required to assess electronic communications, digital records, computer-generated documents, social media content and complex forensic evidence.

(From left) Federal Court judge Collin Lawrence Sequerah, former Chief Justice Tengku Maimun Tuan Mat, lawyer Srimurugan Alagan and Thomson Reuters Malaysia’s Girish Kamat at the book launch.

KUALA LUMPUR:

Malaysia’s evidence law must keep up with the digital age while remaining focussed on ensuring fairness and uncovering the truth, says a Federal Court judge.

Collin Lawrence Sequerah said courts are increasingly required to assess electronic communications, digital records, computer-generated documents, social media content and complex forensic evidence.

“The law must therefore continually adapt while remaining faithful to its fundamental purpose, and the pursuit of truth through fair and reliable processes.”

Sequerah was speaking at the launch of the second edition of “Law of Evidence: A Commentary”, written by lawyer Srimurugan Alagan.

Also in attendance was former Chief Justice Tengku Maimun Tuan Mat.

Sequerah said the law of evidence forms the foundation of the justice system, determining how facts are established before the courts.

“In many respects, evidence is the bridge between allegation and proof, between accusation and conviction, between claim and judgment.”

He said the significance of the law of evidence cannot be overstated, noting that judges are tasked with determining disputes involving life, liberty, property, reputation and commercial interests.

“The legitimacy of these determinations depends not merely on the correctness of the legal principles applied but on the quality and reliability of the evidence presented.”

Sequerah also said the law must strike a balance between ensuring fairness and uncovering the truth as “it safeguards fairness while facilitating the discovery of truth”.

‘Act drafted before computers’

Separately, Srimurugan called for a revamp of the Evidence Act 1950 as the courts were currently interpreting a law written in 1872. An update has become necessary to deal with modern forms of evidence such as the advent of computers, electronic records and DNA testing, he added.

“The world has changed. We are taking the Evidence Act and interpreting it as if it’s a modern document.”

He cited the definition of a document as one example, saying those responsible for drawing up the legislation did not anticipate documents produced by computers because they did not exist at the time.

Srimurugan said the Act needs to be amended to expressly recognise digital records and electronic evidence instead of leaving courts to rely on interpretation.

He cited Section 112 of the Evidence Act as an example of the law lagging behind science.

“Even though you have DNA evidence as proof, that section doesn’t allow DNA evidence.” - FMT