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11 IIUMLJ 263 (2003)
The 'Turnbull Guidelines' Proof and Evidence under the Malaysian Evidence Act 1950

handle is hein.journals/iiumlj11 and id is 266 raw text is: (2003) 11 IIUMLJ 263 THE 'TURNBULL GUIDELINES' PROOF AND EVIDENCE UNDER THE MALAYSIAN EVIDENCE ACT 1950 Abdul Rani Kamarudin ABSTRACT Turnbull guidelines is a requirement necessary as a matter of law where the case against the accused depended wholly or substantially on the correctness of one or more identifications of the accused, which is alleged by the defence to be mistaken identification. There is a possibility that a mistaken witness can be a convincing one and that a number of such witnesses could all be mistaken. The Court has accepted that evidence of identification is a category of evidence, which though admissible, is thought to be unreliable because of a risk of error The circumstances in which the identification by each witness came to be made needs to be examined. Though, recognition is thought to be more reliable than identification, mistakes in recognition of close relatives and friends are sometimes made. The requirement is in the form of a warning (caution), and provided that the caution is done in clear terms, the judge need not use any particular form of words. The quality of the identification evidence is what matters in the end. A failure to follow the guidelines is likely to Assistant Professor of Law, Ahmad Ibrahim Kulliyah of Laws, International Islamic University, Malaysia.

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