Malaysia Case Law: Decisions & Judgments

Topic

Adverse inference for withheld evidence

Legal area

Court

9 Jan 2026

MUHAMMAD HALIMI BIN MUHAMAD

Citation

RA-42JSKS-1-01/2025 (Mahkamah Tinggi)
Court

High Court
Case number

RA-42JSKS-1-01/2025 (Mahkamah Tinggi)

Material contradictions between the child's police report, oral testimony and the medical report, together with the prosecution's non-production of CCTV/forensic evidence, undermined the child's credibility; the trial judge misapplied the law by equating competency with credibility; as the child's testimony was the prosecution's cornerstone and is unreliable, the conviction was unsafe and must be quashed.
16 Mar 2023

Public Bank Bhd 1. ) Fung Shaw Yiew @ Jellfer 2. ) Fung Siew Fa @ Emily 3. ) Registrar of Titles, Land & Surveys Department

Citation

S-01(NCvC)(W)-379-08/2020 (Mahkamah Rayuan)
Court

NCvC
Case number

S-01(NCvC)(W)-379-08/2020 (Mahkamah Rayuan)

The Court of Appeal allowed both appeals, set aside the High Court order, held that the plaintiffs failed to prove forgery of their signatures and had not discharged the burden on balance; the transfer was valid (consistent with a secret trust for the mother) and the 3rd Defendant Bank was a bona fide subsequent chargee entitled to deferred indefeasibility; plaintiffs' claims were dismissed and costs awarded to the appellants (RM70,000 and RM30,000 respectively).
30 Jun 2021

1. SEE CHOO PHAN 2. SEE CHU GEK 3. SEE CHOO PHAN (as Trustees of the Estate of the Deceased See Kim Keock, according to the Letter for Probate in the High Court Muar Originating Summons No. 32NCvC-96-05/2015 dated 30.6.2015) 4. SEE CHU GEK

Citation

JB-22NCVC-66-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JB-22NCVC-66-10/2019 (Mahkamah Tinggi)

On the balance of probabilities the plaintiffs proved that the 1st defendant misappropriated estate land transfers and thereby holds the impugned shares on trust for the beneficiaries; limitation does not bar the beneficiaries under Limitation Act s.22; defendants must account for and disgorge proceeds and effect transfer to beneficiaries or provide accounting and pay assessed damages and costs.
19 Oct 2020

MOHAMAD FIRDAUS BIN ROHANI 1. ) TIMBALAN MENTERI KESELAMATAN DALAM NEGERI, KDN 2. ) PENGARAH, PUSAT PEMULIHAN AKHLAK SIMPANG RENGGAM, JOHOR 3. ) KERAJAAN MALAYSIA

Citation

AA-44-11-04/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AA-44-11-04/2020 (Mahkamah Tinggi)

Faced with conflicting evidence on whether the applicant was denied the statutory right to counsel and the respondents' deliberate refusal to produce the Advisory Board minutes, the court drew an adverse inference against the respondents, found non-compliance with s9 of the Dangerous Drugs (Special Preventive Measures) Act 1985 and Rule 4(3) of the 1987 Rules, and held the detention unlawful, granting habeas corpus.

Malaysia Case Law

MUHAMMAD HALIMI BIN MUHAMAD

Public Bank Bhd 1. ) Fung Shaw Yiew @ Jellfer 2. ) Fung Siew Fa @ Emily 3. ) Registrar of Titles, Land & Surveys Department

1. SEE CHOO PHAN 2. SEE CHU GEK 3. SEE CHOO PHAN (as Trustees of the Estate of the Deceased See Kim Keock, according to the Letter for Probate in the High Court Muar Originating Summons No. 32NCvC-96-05/2015 dated 30.6.2015) 4. SEE CHU GEK

MOHAMAD FIRDAUS BIN ROHANI 1. ) TIMBALAN MENTERI KESELAMATAN DALAM NEGERI, KDN 2. ) PENGARAH, PUSAT PEMULIHAN AKHLAK SIMPANG RENGGAM, JOHOR 3. ) KERAJAAN MALAYSIA