PROCEEDINGS ON 3 APRIL 2012
Respondents raised preliminary objections on 2 points:
· That the memorandum rayuan of the Appellant does not particularize the error made by the HC Judge on issue of discovery. The memorandum rayuan at paragraph 2-5 appears only to revolve around the HC Judge decision on issue of cross examination.
· That the Appellant had only served an affidavit of one Tan Kong Beng (Executive Sec of Christian Federation of Malaysia) only yesterday 2.4.2012 and adducing of this new evidence does not comply requirements of Rule 7(2) Rules of Court of Appeal and s.69 Courts of Judicature Act.
The panel had read submissions and would like the parties to address and submit on these 5 issues:
1. Whether the HC Judge was correct to disallow the cross-examination
2. Discovery of documents mentioned in the affidavit
3. Discovery of documents NOT mentioned in the affidavit
4. Whether the right person to be deponent and affirm the affidavit should be the former Minister (at the time of event took place) or the current Minister
5. Whether the affidavit by Tan Kong Beng should be admitted as evidence and what weight should be given to the said evidence.