7 Aug 2020
PENDAKWARAYA Tn. Mohd. Radzi bin Abdul Razak together with Pn. Joy Jothi Nadrarasan and Pn. Annur Atiqah Public Prosecutor [Attorney General’s Chambers] Putrajaya Y.Bhg Datuk R.S. Sodhi together with En. Sukhdev Singh [Messrs. Sukhdev & Co.
- Citation
- WA-45B-27-03/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-45B-27-03/2018 (Mahkamah Tinggi)
Prosecution failed to establish a prima facie case for murder under s300/302 Penal Code: key evidential links were inadmissible or unreliable (CCTV/CD not proved under s90A; WhatsApp messages unauthenticated; DNA cigarette butt not temporally or causally conclusive), material witnesses not called and alternative hypotheses (suicide, accident, other persons) were not excluded; on maximum evaluation the court was not prepared to convict and accordingly acquitted the accused without calling him to enter his defence under s180 CPC.