Interpretation: S 179(1) of Evidence Act 1975 (Act 323) defines Evidence as anything presented to senses to proves existence or not of a fact, Relevant Evidence means one includes one relevant to witness’ credibility or hearsay declarant making existence or not of a fact more or less probable than it will be without the evidence, Proof means establishment by evidence of requisite degree of belief in the mind of court or tribunal of fact.
Relevance: S 51Relevant evidence is admissible except otherwise by enactment, evidence isn’t admissible except relevant evidence. S 52 relevant evidence may be excluded in three circumstances where its probative value is substantially outweighed by, 1-undue delay, waste of time of cumulative evidence, 2-adimission will create unfair prejudice or danger in confusing issues and 3-will unfairly surprise party not expecting same, esp. where it is not pleaded.
Relevant fact, fact relevant to the issue or factum probans is a fact on which the existence or not of a fact may be inferred, whilst preliminary, collateralor subordinate facts are of 3 types,
1-credibility of witness,
2-condition precedent to admissibility which must be proved and
3-the existence or not of a privilege, all of which the court shall determine in absence of jury where it relates to S 120 on confessions and in any other situation may be in jury absence, where preliminary fact not proved shall disregard evidenceas per S 3.