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  • Writer's pictureThomas W. L. Chin

Maximizing the Role of Private Investigators in Legal Proceedings

Updated: Oct 5, 2023

Embarking on a legal battle can be an expensive and arduous journey. It's disheartening for both litigants and their legal representatives when the pursuit of justice ends in a mere paper judgment. To make informed decisions before initiating legal proceedings, having crucial information about the defendant's assets, bank accounts, and properties is indispensable. However, this vital information is not always readily available.


Private investigators are a crucial resource in such situations. Armed with expertise and resources, they are adept at unearthing valuable information that can be pivotal in legal disputes. By providing litigants with these insights, private investigators empower them to evaluate the feasibility of pursuing legal action, taking into account both the associated costs and the prospects of recovery.


Navigating Legal Boundaries:


It's important to note that while private investigators can be invaluable in obtaining information, there are legal considerations to keep in mind. Not all information can be legally acquired through private investigations. In Malaysia, it's established that illegally obtained evidence is admissible in court as long as it pertains to relevant facts. Except for evidence related to admissions, confessions, and evidence obtained from an accused after the commission of an offense, judges generally have no discretion to reject evidence of relevant facts based on the means by which it was obtained.


Asset Tracing and Preservation:


In some cases, the defendant may have taken steps to dissipate their assets, aiming to thwart the plaintiff's claims. These actions could include transferring assets out of the jurisdiction or to a third party, such as a spouse. Private investigators can play a crucial role in tracing these assets, helping solicitors build a case. Additionally, solicitors may seek court orders to reverse fraudulent asset transfers, ensuring that justice prevails.


Preventing Asset Dissipation:


When the defendant has not yet dissipated their assets or is on the verge of doing so, legal remedies are available to prevent such actions. These include obtaining injunctions or attaching the defendant's assets to safeguard the litigant's interests during the course of litigation.


Conclusion:


In the realm of legal battles, private investigators serve as invaluable allies in the pursuit of justice. They assist litigants in making well-informed decisions before embarking on costly legal proceedings. While there are legal nuances regarding the acquisition of information, the admissibility of evidence in Malaysia is generally based on relevance rather than the means of acquisition. Moreover, private investigators aid in tracing potentially dissipated assets, while solicitors can employ legal means to reverse fraudulent transfers. Whether it's securing critical information or safeguarding assets, private investigators and legal practitioners work in tandem to ensure that the pursuit of justice is both strategic and effective.

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