Examination-in-Chief

What is examination-in-chief?

Examination-in-chief is the first round of questions to a witness in court. The side that called the witness, prosecution or defence, asks the questions. Its purpose is to let the witness tell what they saw, heard or know.

A witness goes through three rounds, which let the court hear and test what they say:

1. Examination-in-chief, by the side that called them.
2. Cross-examination, by the other side.
3. Re-examination, by the first side again.

How does it work in court?

The questioning side avoids leading questions on disputed points, so the witness tells the story in their own words. The evidence comes out step by step. Documents may be shown to the witness and placed before the court.

Mule accounts are a large enforcement area: police detected 46,048 mule accounts in 2023 and 50,295 in 2024. ^[f3] In a trial, each witness, whether an investigating officer, a bank officer or the account holder, is first questioned by the side that called them. Only then can the other side challenge what was said.

What does it mean for you?

If you give evidence in your own defence, your lawyer asks you the first questions. This is your chance to give your account clearly before the prosecution challenges it.

You have the right to be defended by a lawyer of your choice. ^[f1] If cost is a worry, ask about fees at the start; the Malaysian Bar issues guidance on lawyers’ fees and professional conduct. ^[f2] Preparing your evidence with a lawyer before the trial can make this first round easier.

Sources

1. https://www.lawnet.com.my/federal-constitution
2. https://www.malaysianbar.org.my/
3. https://www.rmp.gov.my/