11 Sept 2024
The Court held P77 was properly admitted under SOSMA s18A because ATIPSOM offences fall within SOSMA's First Schedule; non‑compliance with s51A CPC and procedural irregularities did not cause prejudice and were not fatal; the trial judge did not prevent defence submissions; therefore conviction and four‑year sentence were affirmed.
12 Mar 2020
Section 41 MACC Act governs in rem forfeiture and, though silent on standard, must be applied with the civil standard (balance of probabilities); the claimant bears the burden to show lawful acquisition on that standard. The respondent failed to produce a sufficient documentary money‑trail or substantive evidence connecting the seized assets to offences and relied improperly on privileged s53 statements and inconsistent IO averments. Consequently the Sessions Court forfeiture order could not stand and was set aside.
25 Oct 2019
SP1's evidence was found impeached and therefore rendered worthless; after expunging inadmissible material and evaluating remaining evidence on a maximum basis the prosecution failed to prove causation or any conclusive circumstantial chain linking the accused to the fatal assault; accordingly there was no prima facie case and the accused must be acquitted under s.180(2) CPC.