FOOD CONTAMINATION AND FORENSIC EVIDENCE IN MANUFACTURING DISPUTES: CCS FOOD & BEVERAGE MANUFACTURING SDN BHD V HOT-CAN SDN BHD (2018) MLJU 1166

الملخص

The commercial conflict in the case of CCS Food & Beverage Manufacturing Sdn Bhd v Hot-Can Sdn Bhd [2018] MLJU 1166 presents a complex chain of issues in the food industry, ranging from allegations of product contamination, payment arrears, to document manipulation. Focusing on this case, this paper demonstrates the extent to which forensic evidence can unravel the liability of the disputing parties, while also examining the extent to which Islamic legal principles apply in such conflicts. Through a qualitative approach based on doctrinal analysis, an in-depth look is made at the judgment text, related statutes, and academic literature. The study findings show that the court placed significant emphasis on documentary evidence, physical evidence, and expert testimony in determining the true cause of food contamination and the authenticity of the disputed documents. As a result, the defendant's counterclaim was dismissed when it failed to pass the standard of proof (balance of probabilities) to link the plaintiff's negligence to the contamination. In addition, the forensic document expert analysis successfully proved that certain documents had been manipulated through the cut and paste technique, thus affecting the defendant's credibility. From an Islamic legal perspective, the court's decision was found to be in line with the principle of al-bayyinah which places the burden of proof on the party making the allegation, in line with Section 101 of the Evidence Act 1950. This study concludes that the integration between forensic science, civil law and Shariah principles is important to ensure fairness, transparency and integrity in the resolution of disputes related to the food industry, especially in the field of halal forensics.