Who is an expert witness? and Bitcoin Rules in Malaysia.

Started the day by lite reading around 1am. I am reading my downloaded PDFs found in my mobile. There were around 25 documents. Let me not lie to the ground because I have grounds to submit at 8pm today. 👀

1. "What maketh an Expert" by SM Shanmugam & Shone Anne Thomas. Edited by Koay Sook Kuan, Lee Hishamuddin Allen & Gledhill. 

In conjunction to [2019] 1 LNS 1737, the plaintiff has suffered loss and harm in a car accident. Defendant, a motor lorry driver was sued under negligence and the motor lorry owner was sued under vicarious liability. Plaintiff also sued the wholesaler and car dealer (where the car was sold by former to Plaintiff) alleging the non-deployment of the airbag. 

Both the parties had their own witnesses. Plaintiff relied on the evidence of a forensic scientist whereas the defendant relied on an expert in automobile safety systems. The issue before the court was; HC find that the plaintiff's forensic scientist is not an expert on the subject matter and the first defendant's expert was a qualified expert witness. Unsatisfied Plaintiff appealed to Court of Appeal.

The original document can be found HERE. 

Principle on expert evidence

According to Rupert Cross, Law of Evidence (1979) at p 442; Any inference drawn from observed facts constitues an opinion and the general rule is that opinions based on inferences are irrelevant. There is an expection according to Evidence Act 1950, s 45; An expert's opinion is is considered relevant facts, when a point of foreign law or science or art is required. 

In Batu Kemas Industri Sdn Bhd v. Kerajaan Malaysia & Anor [2015] 7 CLJ 849; provides a clear guide on the elements recquired for an expert witness to be valid by reffering to Junaidi bin Abdullah v. Public Prosecutor [1993] 4 CLJ 201; [1993] 3 MLJ 217 (SC); First, does the nature of the evidence require special skill? Second, Does the witness has recquired necessary skills either by acadmic qualification or experience so that he has adequate knowledge to express an opinion on the matter under enquiry?

Court of Appeal finds that, 1. In the present appeal, the dispute does not entirely dependent on the evidene of PW2, and PW2 by profession is a Senior Forensic Consultant. However, his professional background in his CV is irrelevant and related to the field of airbags installed in automobiles. Therefore PW2 is not an expert witness for this case facts. 

Court of Appeal found that, after hearing from both parties in the issue of expert witness, unanimously pronounced that the matter does not required appellate intervention as there is no manifest error and affirmed the decision of the High Court. 

2. Bitcoin and the Realm of Cryptocurrency by Adeline Tang Pui Yan posted on 28th April, 2021 under Technology, Media & Telecomunications Department.

I basically understood the elements to be satisfied for an legal DAX Operators. The enforemcemt behind Cryptocurrency is the  Capital Markets and Services (Prescription of Securities) (Digital Currency and Digital Token) Order 2019 (Order), under the purview of the Securities Commission Malaysia (SC).

There are certain key terms as key players in the field of Cryptocurrency. First, is the Digital Asset Exchange (DAX); A digital platform for trading of digital assests. DAX will be regulated under Guidelines on Recognized Markets (DAX Guidelines), similarly under the purview of the Securities Commission. These guidelines recquired DAX Operators to be registered as a Recognized Market Operator (DAX Operator) under s 34 of the Capital Markets and Services Act 2007 (CMSA) and the DAX Guidelines.

The elements under s 34 CMSA  that should be fullfilled by a DAX Operator are;     

(a) Being able to operate an orderly, fair and transparent market; (b) Having a clear or unique value proposition or will contribute to the overall development of the Malaysian capital market; (c) Being locally incorporated and have a minimum paid-up capital of RM5 million; and (d) Utilising appropriate systems, policies and controls to ensure a high degree of security and operation reliability.

If a company has failed to recognise as a legit DAX Operator and found involved in illegal investment schemes the companies can be charged under s 7 of the CMSA.  If convicted, the company risks being liable to a fine not exceeding RM10 million or imprisonment for a term not exceeding 10 years, or both.

The original document can be found HERE 

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Out of 25 documents I found only 2 articles of was applicable for today's sharing. I found a document on Dispute Resolution 2021; Contributing Editors Martin Davies and Alanna Andrew. It is the 19th  publish under  Lexology Getting The Deal Through. The speciality of it is the collaboration of international experts analysis in key areas of law, cross border legal practioners and company directors and officers. I have saved this delight to be dissected on a fine Saturday Morning. Since this is a free version, I have only the part of Malaysian article, which is 13 Pages long. A good breakfast and a cup of tea should do the trick. 

In the morning later I will be diving into  The UNCITRAL Aritration Rules 2nd Edition A commentary Edited by David Caron and Lee Caplan & A guide to the UNCITRAL Arbitration Rules by Clyde Croft, Christopher Kee and Jeffrey Waincymer 2nd Edition. 

Thank You for reading, Kindly help your self to comment below if there is any literary questions.