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Checking relevance for RUGBER KAUR AJAIB SINGH vs HO SHEE FUN & ANOR...

RUGBER KAUR AJAIB SINGH vs HO SHEE FUN & ANOR - 2011 MarsdenLR 2831 : The court held that when assessing witness credibility, particularly where a witness lacks knowledge of the subject matter or where testimony is not substantiated by credible documentation, the court must critically assess the testimony against corroborative evidence. In this case, the High Court reduced future earnings claims due to the lack of credible supporting documentation and questionable witness reliability, indicating that a witness''''s lack of knowledge or inability to substantiate claims undermines their credibility. The court emphasized that courts may only accept oral testimony when it is reasonable and substantiated, and disproportionate claims relative to qualifications or knowledge raise serious questions about credibility. This establishes a precedent where a witness''''s lack of subject-matter knowledge, especially when unsupported by evidence, can lead to the rejection of their testimony and impact the assessment of damages.Checking relevance for PP vs NURMINAH MATARUN...

Checking relevance for PP vs SUHAINI TONI...

PP vs SUHAINI TONI - 2021 MarsdenLR 405 : The case law cited in the document, Mohamed Kasdi v. Public Prosecutor [1969] 1 MLJ 135, establishes that when a witness gives two statements differing in material particulars, there is necessarily ground for believing that the witness is not truthful. This principle can be applied to challenge a witness''''s credibility if they lack knowledge of the subject matter—such as failing to recall or identify key details (e.g., the name of an agent) in their initial statement, but later providing such information under oath. The court’s reference to this precedent directly supports the legal basis for challenging a witness’s credibility due to inconsistency and lack of knowledge, which aligns with the user’s query about cases where a witness has no knowledge of the subject matter.Checking relevance for PENDAKWA RAYA LWN. MOHD ISA ABDUL SAMAD...

Checking relevance for PP vs MAHIR AFFANDI MOHAMAD & ANOTHER CASE...

PP vs MAHIR AFFANDI MOHAMAD & ANOTHER CASE - 2024 MarsdenLR 317 : The case law cited in the document, particularly the passage from Kwang Boon Keong Peter v. PP [1998] 2 SLR 211 and Sean Thornton v. Northern Ireland Housing Executive [2010] NIQB 4 (adopted in McAllister v. Campbell [2014] NIQB 24), establishes that the credibility of a witness includes their objective reliability—specifically, their ability to observe or remember facts and events about which they are giving evidence. This directly supports the principle that a witness lacking knowledge of the subject matter may be deemed unreliable, thereby challenging their credibility. The court explicitly links witness credibility to their capacity to observe and recall relevant facts, which is directly applicable to the user''''s query about challenging witness credibility when the witness has no knowledge of the subject matter.Checking relevance for ANG YEE CHENG & ANOR vs ANG SIANG HOCK...

Checking relevance for PP vs MOHD BANDAR SHAH NORDIN & ANOR...

Checking relevance for MD ZAINUDIN RAUJAN vs PP...

Checking relevance for DAVENDAR SINGH SHER SINGH vs PP...

Checking relevance for UEM GROUP BHD vs GENISYS INTEGRATED ENGINEERS PTE LTD & ANOR...

Checking relevance for TONG SOON TIONG & ORS vs FA SECURITIES SDN BHD...

Checking relevance for MOHD YUSRI MANGSOR & ANOR vs PP...

MOHD YUSRI MANGSOR & ANOR vs PP - 2014 MarsdenLR 1897 : The case establishes that a witness''''s credibility can be challenged when their testimony contains significant inconsistencies, particularly when the witness lacks direct knowledge of the subject matter. In this case, the prosecution relied heavily on a witness whose testimony was found to be ''''riddled with contradictions,'''' leading the court to conclude that the prosecution failed to establish a prima facie case. The court emphasized that in criminal convictions, the burden of proof lies with the prosecution and must be met beyond reasonable doubt, and any doubts must favor the accused. This supports the legal principle that if a witness has no genuine knowledge of the subject matter—especially in cases involving complex or specific facts like drug trafficking—their testimony may be deemed unreliable and insufficient to sustain a conviction.Checking relevance for SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA vs LIM WOON KATT...

Checking relevance for DUIS AKIM & ORS vs PP...

• Witness Corroboration and Order of Examination - The law emphasizes that witnesses should be examined in a sequence, with the plaintiff or defendant called after their witnesses have testified. A party cannot alter their testimony or rely on witnesses not corroborating each other to strengthen their case. The plaintiff cannot depend on witnesses, including themselves, to prove their case if they are not properly called or examined first. ["Kamal Das VS Learned Addl. Commissioner Lucknow - Allahabad"]

• Reliability of Witness Testimony and Need for Corroboration - A solitary witness’s testimony is generally insufficient unless corroborated by other evidence. In cases like sexual assault, absence of physical injuries or independent witnesses turning hostile diminishes the credibility of the victim’s account. Corroborating evidence, such as medical reports, is essential to substantiate claims. ["KOBBALA ASHOK vs THE STATE OF A.P. REP BY PP. - Telangana"], ["Kunwar Lakra vs State of Jharkhand - Jharkhand"], ["Uma Shankar Bhartia VS Suvidha Estate Agency - Punjab and Haryana"]

• Witnesses’ Willingness and Legal Immunity - Witnesses, especially injured or close relatives, may be reluctant to testify due to threats or safety concerns. Their hesitation is understandable and does not automatically discredit their testimony. Witnesses are protected by law against false accusations or actions, and their immunity aims to prevent abuse of the judicial process. The law discourages re-litigation based solely on the same evidence or facts. ["Kunwar Lakra vs State of Jharkhand - Jharkhand"], ["NG WAI PIN vs ONG YEW TEIK & OTHER APPEALS - Federal Court Putrajaya"], ["NG WAI PIN vs ONG YEW TEIK & OTHER APPEALS - Federal Court Putrajaya"]

• Plaintiff’s Burden and Ability to Call Witnesses - The plaintiff must prove their case through positive evidence and cannot rely on the defendant or third parties not named as witnesses. A plaintiff cannot compel witnesses, including themselves, to testify if they are unwilling or not listed. Proper examination and cross-examination are critical, and inadequate opportunities can undermine the evidentiary value of affidavits or testimonies. ["Uma Shankar Bhartia VS Suvidha Estate Agency - Punjab and Haryana"], ["Tapan Kalita, S/o. Late Tankeswar Kalita vs L.B. Medi Services Pvt Ltd. - Gauhati"]

• Cross-Examination and Evidence Admissibility - Adequate cross-examination is vital for the credibility of witness statements. When witnesses are only partly examined or fail to appear, their affidavits may not be considered substantive evidence. This affects the fairness of the trial and the strength of the case, emphasizing the importance of proper procedural safeguards. ["Tapan Kalita, S/o. Late Tankeswar Kalita vs L.B. Medi Services Pvt Ltd. - Gauhati"]

Analysis and Conclusion:

A plaintiff cannot benefit from witnesses who do not corroborate each other or are not properly examined in the prescribed order. Witness testimony, especially in criminal or sensitive cases, requires corroboration to be reliable. The law protects witnesses from retaliation and discourages re-litigation based on the same facts, ensuring the integrity of the judicial process. Furthermore, a party must actively call and cross-examine witnesses to establish their case; reliance on uncalled or unwilling witnesses is ineffective. Proper procedural adherence, including thorough cross-examination, is essential for evidence to be considered valid and for the plaintiff’s case to succeed.