Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Adverse inference (s114)

Legal area

Court

30 Jul 2021

PENDAKWARAYA SAHUL HAMID BIN MOHD

Citation

PA-45A-60-09/2018 (Mahkamah Tinggi)
Court

High Court
Case number

PA-45A-60-09/2018 (Mahkamah Tinggi)

Prosecution failed to prove identity and unbroken chain of custody of the seized cannabis and failed to prove the accused had custody, control or knowledge of the drugs; contradictions about movement and photographing of exhibits and failure to produce material evidence/witness (owner of vehicle) created reasonable doubt so no prima facie case was established and accused must be discharged.
1 Jan 1900

BD ENGINEERING SDN. BHD. (NO SYARIKAT: 418648-V) CHEW CHOO MENG SDN. BHD. (NO. SYARIKAT: 306036-T)

Citation

PA-12BNCVC-16-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12BNCVC-16-10/2019 (Mahkamah Tinggi)

The appeal was allowed because the respondent failed to prove the existence and completion of the alleged variation orders and the valuation of additional works claimed; contemporaneous certified documents showed only a net additional value of RM11,400.81 and an assessed certified amount inconsistent with the inflated claim; corroborative matters (non-response to demand, employer payments, auditor confirmation) were insufficient to prove the pleaded case; adverse inferences were unjustified absent evidence of withholding; therefore the Sessions Court's finding in favour of the respondent coul…