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Words: | Submitted: Mon Dec 22 2003
... matters asserted therein, and thus resting for its value upon the credibility of the out of court asserter". The concern of the hearsay rule is that matters of fact asserted by an individual rely for their truth in part upon the credibility of the individual asserting them. The hearsay rule generally disallows the use of out of court statements as evidence of the truth of the matters asserted in that statement. However in countries like Malaysia, the parliament has come up with a regulation to allow hearsay as evidence. That regulation is the Esential (Security Cases) Regulations (ESCAR) Offences. The Attorney General in Malaysia can designate any offences as an ESCAR prosecution. This procedure directly indicts the accused to trial by the High Court Justice without a jury. Witnesses need not identify themselves when they testify. Hearsay is admissible and giving the same weight as direct evidence. Upon conviction the ...
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