Malaysia Case Law: Decisions & Judgments

Topic

Adverse inference evidence act s114(g)

Legal area

Court

11 Mar 2026

AHNAF AFIQ BIN SHAIRUL BAZRI

Citation

JB-42LB(A)-2-04/2025 (Mahkamah Tinggi)
Court

A
Case number

JB-42LB(A)-2-04/2025 (Mahkamah Tinggi)

The High Court held the Sessions Court erred in law and fact by misapplying s114(g) and incorrectly treating minor discrepancies as material; the prosecution established the elements of s14(a) SOACA 2017 by the victim's credible testimony corroborated by an eyewitness and contemporaneous complaint to her mother; the acquittal was set aside, the accused convicted as charged and appropriately sentenced under SOACA 2017.
13 Jan 2023

OTIS ELEVATOR COMPANY (M) SDN. BHD. DESARU CONVENTION CENTRE SDN. BHD.

Citation

BA-24C-29-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24C-29-04/2022 (Mahkamah Tinggi)

An employer/principal cannot rely on a dispute resolution agreement with the main contractor to defeat a subcontractor's s30 CIPAA application; s13(b) only operates where the subject matter has been settled by written agreement between the parties to that adjudication decision; the plaintiff proved the statutory conditions under s30 and the defendants failed to discharge the evidential burden to show no sums were due or payable, so the court ordered the principals to pay the adjudicated amounts with interest (excluding adjudication costs).
22 Mar 2022

[Timbalan (TPR), Jabatan Peguam Negara] MOHD ISMAIL BIN SYED MERAH

Citation

J-06A-7-10/2020 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

J-06A-7-10/2020 (Mahkamah Rayuan)

On the totality of the evidence the Court held the prosecution proved the ingredients of the money‑laundering offences beyond reasonable doubt: predicate bribery payments by SP18/SP19, large cash seizures and investment purchases linking funds to unlawful activity, permitting inference under s4(2) AMLATFA; the High Court did not err in law on standards of proof, charges were not defective, s114(g) was inapplicable, but the court erred in sentencing by failing to impose mandatory fines and by ordering all sentences concurrent; accordingly convictions and forfeiture were affirmed, stay of forfe…

Malaysia Case Law

AHNAF AFIQ BIN SHAIRUL BAZRI

OTIS ELEVATOR COMPANY (M) SDN. BHD. DESARU CONVENTION CENTRE SDN. BHD.

[Timbalan (TPR), Jabatan Peguam Negara] MOHD ISMAIL BIN SYED MERAH