Bewley J:

The plaintiff, who is represented by Mr. Clidero, claims damages for injuries received in a motor car accident as long ago as April 1987.Interlocutory judgment was entered against the 2nd defendant - the owner of the other car - on 3 October 1990.The driver was originally represented by Daud Ismail & Co., who filed a defence on his behalf.He now appears in person.

There is no dispute that an accident took place between the plaintiff's car BF 9912 and the car driven by the 1st defendant BB 2672 at 7.30 am on 5 April 1989, at mile 1275, Jalan Kumbang Pasang.

The 1st defendant made a statement to the police later that day, in which he said that a car had suddenly appeared in the nearside lane and had then switched lanes, causing him to brake and swerve to the right into the path of the plaintiff's car.The road was slippery and it was raining very heavily.

On 3 August 1987, the 1st defendant pleaded guilty to careless driving in the magistrate's court.The facts, which he admitted, alleged that he lost control of his car, so that it encroached into the opposite lane and collided with BF 9912.

Mr. Clidero tendered a statement made by the plaintiff on 8 April 1987, under