Computer-produced documents in civil cases: Malaysian position

• Main Authors: Ayub, Zainal Amin, Ahmad Sharif, Nurretina
• Format: Conference or Workshop Item
• Language: English
• Published: 2004
• Subjects: K Law (General); T Technology (General)
• Online Access: http://repo.uum.edu.my/17189/1/13.pdf; http://repo.uum.edu.my/17189/; http://eserv.uum.edu.my/docview/217747803?accountid=42599

This paper is aimed to discuss the nature of computer produced document, with special attention was given to the relation of this new type of evidence with the acknowledged rule of law that is authenticity, best evidence rule and the rule against hearsay; as well as analysed the relevant legal provisions in Malaysia.As computer documents have grown ever more prevalent, this has been so at any trial before the court of justice.Documents produced by computers have already been the focus of litigation, both in criminal and civil cases. Computer evidence is transitory, easily altered, usually without leaving trace or sign of such alteration. As such, the source or authenticity of computer evidence must be verified by test applicable under the rule of law for the admissibility of such document.Other than that, the "best evidence rule" and the "rule against hearsay" are the revolving problems arise. Computer-produced documents have already been accepted as evidence in criminal cases in Malaysia by virtue of section 90A of Evidence Act 1950. However, it failed to take into consideration the very different and unique nature of computer-produced documents.Documents produced by computer can be categorized as computer-generated records, computer-stored records; and both computer-generated and computer stored records.The outcome of this paper also shows that the failure of section 90A to address this nature of computer-produced documents.