This evidence brings into focus what is referred to as the 'doctrine of recent possession'," said Justice Mutuku.She explained: "The essence of the doctrine is that when an accused person is found in possession of recently stolen property and is unable to offer any reasonable explanation how he came to be in possession of that property, a presumption of fact
arises that he is either the thief or receiver.
Citizens of Malaysia are (http://stop114a.wordpress.com/) protesting the second of two amendments to the (http://www.parlimen.gov.my/files/billindex/pdf/2012/DR162012E.pdf) Malaysian Evidence Act of 1950 , also known as Section S114A, which covers "Presumption of Fact in Publication."
"S114A, entitled 'Presumption of Fact in Publication,' holds (1) those who own, administrate, or edit websites open to public contributors, such as online forums or blogs; (2) those who provide web-hosting services or Internet access; and (3) those own the computer or mobile device used to publish content online, accountable for content published through their services, on their sites, or 'in their name.'"
to a presumption of fact
. The presumption in Byrne was clearly a
(According to Random House Webster's Unabridged Dictionary, "prima facie evidence" is "evidence sufficient to establish a fact or to raise a presumption of fact
Even history, with its presumption of fact
, falls hard in John Currin's homely double-portrait, The Kennedys, 1996, in which identical JFKs hold hands, one of them in drag.