What is the difference between ‘evidential burden of proof’ and ‘legal burden of proof’?

Najib Razak has been charged.  What will the prosecution have to do to succeed?  What will the Defence counsel do to break the prosecution case? One of things both sides will be doing is to look at the legal burden of proof and evidential burden of proof.  What is that? An example will do to assist in understanding this concept. Suppose someone has been murdered. A person (A) has been charged. The question is: ...

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Is the ex-Chief Justice right? Should the AG be appointed from the Judicial & Legal Services?

In an article entitled, ‘Is the new AG choosing his briefs like a private lawyer? [26 June 2018]’ the ex-Chief Justice, Tun Abdul Hamid Mohamed, suggests that the current Attorney General is unsuited to his job. He says, ‘When Thomas accepted the post of Attorney General, like it or not, by law, [he] is also the public prosecutor. He cannot say he only wants to be Attorney General but not a public ...

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Our execrable Education System

Long ago, Lat drew a cartoon. It compared a study on mosquitoes carried out by a foreign scholar and a Malaysian one.  The foreign scholar is shown with a stack of books (volumes 1 to 5).  The Malaysian scholar has a wafer-thin manuscript with an arrow that says: ‘Ini adalah nyamuk.’  Do you remember that? Lat should come out of retirement! That just about sums up the state of our schools. Most ...

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The call of the legal profession

I was once asked to answer three questions at once.  I think it was on Quora. Since then a lot of people have expressed interest in the questions and the answers I gave. I reproduce them here: Q-1:          How difficult is it for a lawyer to set up his own firm? Q-2:          How do lawyers advertise their services? Q-3:          How do they attract clients to their firms? These were all questions related to the life ...

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Where is Sarwari No.1 of 1994?

There is a  gem of a case on Islamic probate law.  It was decided in 1994. For some reason it has not been reported.  It is a great mystery. This is the story of that case A Muslim man, Ainuddin, died in 1944. As a Muslim he did not leave a will. He had sons and a daughter.  Under pre-Independence law, Ainuddin’s  residual property passed to his biological children, but in fixed ...

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Thank you, Team Members for helping with these articles!

As most of these articles were written on an iPhone X, and in a great hurry, there were many grammatical errors.  I needed second opinions.  I needed someone to proof them. I had the help of many.  They gave unselfishly of their time and energy.  It is proper, therefore, that I record my thanks in writing. My children were indentured into helping—but they did it anyway! To them, I give all my ...

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Are We One Nation or Three?

When our forebears commenced building Malaysia 61 years ago, we were a plural nation. We comprised of many ethnic groups. We still do. Somewhere along the way, things changed. We have lost that Malaysian identity.  Over the years, we have regressed into a form of forced cultural separation.  We have withdrawn, for refuge, into our respective ethnic groups. This does not bode well. A look at recent history might give some ...

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The tale behind these Constitutional essays

You have seen the articles emerging from this blog since 09 May 2018 — or ‘5-0-9’ as I called the GE14 (the date of May 09th, 2018). There is a story behind these articles. Their production and timing were wholly accidental. In the years to come the people may become quiescent.  They may, once again, feel re-assured behind their closed doors. But these issues filled the night of 5-0-9, like night-tracer shells from artillery.  ...

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