Significance of Relevancy and Admissibility in Evidence Law

Introduction

The law of evidence according to Sir James Fitzjames Stephen is that part of law of procedure which, with a view to ascertain individual rights and liabilities in individual cases, decides:
(a) What facts may, and may not be, proved in such cases;
(b) What sort of evidence must be given as to a fact which maybe proved; and
(c) By whom and in what manner the evidence must be given by which any fact is to be proved.

This concludes the importance of this topic to be in light. It will be further discussed at below of the significance of relevancy and admissibility in Evidence Law.

1. Relevant, Relevant Facts and Relevancy

          Generally the term "Relevant" in the context of facts means that any two facts when applied together are so related to each other. In any ordinary course of events, one fact either taken by itself or in connection with other facts, proves or renders possible the past, present or future existence or non-existence of the other. in other words, relevant is having some reasonable connection with, and in regard to evidence in trial, having some value or tendency to prove a matter of fact significant to the case. Section 3 of the Evidence Act 1950 defines relevant as,

"one fact is said to be relevant to other when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts."

          "Relevant facts' are facts so connected with each other as to prove or disprove the facts in issue. They are not themselves issues before court but they are useful inference regarding the facts in issue. Section 3 defines facts as:-

"(a) any thing, state of things or relation of things capable of being perceived by the senses;
(b) any mental condition of which any person is conscious."

According to this definition, fact is not limited to the existing, it also includes any mental condition of which any person is conscious, for instances, behaviour, character and opinion. Facts can be seen in two categories, physical facts and psychological facts. For example, a man that holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.

However, it is important to distinguish "facts in issue" and "relevant facts". The distinction between the two is that facts in issue are facts that are in dispute and which form the subjects of decision in a case. Relevant facts are connected facts, because of their connection with the principal fact, they lead to an inference as to the existence or non-existence of the facts in issue. What are relevant facts are set out from Section 5 to Section 55 of the Act and are exhaustive. They will not be treated as relevant facts unless it falls into one of the sections mentioned above.

          "Relevancy" refers to the degree of connection between a fact that is given in evidence and the issue to be proved. it is the tendency of a fact offered as evidence in a lawsuit to prove or disprove the truth of a point in issue. A relevant fact under section 5 to 55 may not be admissible if the other Sections of the Act do not permit it to be received by the Court.

2. Admissible and Admissibility        

           Where a fact is relevant it need not necessary means that the fact will be admissible. Whether a relevant is or not admissible is subject to other provisions if the Act. Evidence must be relevant before it is admissible. However, not all relevant evidence will be admissible under the Act. When one evidence is admitted, it need not necessarily means that the court must totally be convinced, it only carries a persuasive value depending on the cogency of the evidence.

Before any fact is made admissible, it must pass the test of relevancy. In the case of Thavanathan a/l Balasubramanian v. PP (1997) 2 MLJ 401, Chong Siew Fai CJ opined that the cardinal rule relating to relevancy is that, subject to the exclusionary rules, all evidence, which is sufficiently relevant to the facts in issue is admissible.

3. Rule of Relevancy and Admissibility

           Part I Chapter II deals with relevancy of facts which consists of Sections 5 to 55 and deals to a large extent with the facts which are declared as relevant and which can be proved. This part of the Act deals with a lot of concepts such as res gestae, hearsay evidence, character evidence, similar fact, confession and etc. In the case of PP v Dato' Seri Anwar bin Ibrahim (No. 3) (1999) 2 MLJ, it is stated that the court has powers to exclude evidence which it considers to be irrelevant pursuant to Section 136 of the Act.

The general rule is that evidence must be confined to matters in issue. However, Section 6 to 11 appear to set out the exception to the general rule.

Written by Koh Suet Yen