Malaysia Case Law: Decisions & Judgments

Topic

Adverse inference under s.114(g) evidence act 1950

Legal area

Court

4 Jan 2026

CHE AZIAN @ ZULAZLI BIN CHE IBERAHIM [ ]

Citation

DA-42JSKS-3-05/2025 (Mahkamah Tinggi)
Court

High Court
Case number

DA-42JSKS-3-05/2025 (Mahkamah Tinggi)

Minor inconsistencies in the victim's account were peripheral and her core account was detailed and corroborated by medical evidence; the alibi was not established because the alibi witness was not at the alleged alternative location and offered only speculation; non-calling of relatives did not attract s.114(g) because their evidence would likely be repetition of the complainant's account; therefore prosecution proved guilt beyond reasonable doubt and conviction and sentence were upheld.
17 Aug 2025

ISMAWARDI BIN ISMAIL

Citation

KA-45A-47-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-47-08/2022 (Mahkamah Tinggi)

Material discrepancies between the wife's written statement (D21) and police testimony, combined with the investigating officer's failure to conduct meaningful follow-up investigation and the prosecution's refusal to call a material and available witness, prejudiced the accused; once an Alcontara-type notice was effectively given, the burden shifted to the prosecution to investigate and rebut, and the court was entitled to draw an adverse inference under s.114(g); therefore it was unsafe to order the accused to enter his defence and he must be acquitted and discharged.
30 Jul 2025

Tay Cher Boon [ ]

Citation

B-05(SH)-354-09/2023 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-354-09/2023 (Mahkamah Rayuan)

The Court of Appeal found the trial judge had conflated presumed possession under s.37(d) DDA with direct possession and had not clearly elected or applied the correct standard; the conviction for trafficking under s.39B(1)(a) was unsafe on the evidence and therefore set aside; convictions were substituted for possession offences under s.12(2) DDA (first and third counts: Methamphetamine and MDMA; second count: Ketamine with sentencing under s.12(3)) and sentences reduced and ordered to run concurrently from date of arrest; failures alleged (non-calling of tenant and nondisclosure of cautione…
27 May 2025

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MURUKAN A/L RAMAKRISHNAN 2. ) RAJA SEKAR SELVAM

Citation

W-05(LB)-401-09/2023 (Mahkamah Rayuan)
Court

LB
Case number

W-05(LB)-401-09/2023 (Mahkamah Rayuan)

The Court of Appeal held the prosecution had adduced a prima facie case: accused were in close proximity to large quantities of drugs and related paraphernalia, exhibited conduct consistent with knowledge and joint intent, and statutory presumptions of trafficking applied; the High Court erred in drawing adverse inferences under s.114(g) because failures to call certain third parties or to seize/produce ancillary documentary items did not amount to suppression of material evidence sufficient to negate the prima facie case. Consequently the High Court's order of discharge was set aside and the…
12 Mar 2025

NIA WAI KONG [Timbalan (TPR), Jabatan Peguam Negara]

Citation

J-05(M)-471-10/2023 (Mahkamah Rayuan)
Court

M
Case number

J-05(M)-471-10/2023 (Mahkamah Rayuan)

The appellate court upheld the trial court's factual findings: the chain of custody was not broken and there was no evidence of tampering; the innocent carrier defence failed; although the trial judge erred in invoking s.114(g) Evidence Act the error was not fatal on the facts; prosecution proved possession of 2113.35g methamphetamine for purpose of trafficking under s.39B(1)(a) Dangerous Drugs Act 1952; conviction affirmed and death sentence set aside and substituted with 30 years' imprisonment from 8 May 2019 and 12 strokes.
28 Jun 2023

RAVI A/L LATCHUMANAH 1. ) Gunalan A/l Gopal 2. ) Yesu Steven A/l Gunalan PIHAK KETIGA LIBERTY GENERAL INSURANCE BERHAD (DAHULUNYA DIKENALI SEBAGAI AM GENERAL INSURANCE BERHAD)(NO. SYARIKAT: 44191-P)

Citation

AC-A53KJ-125-10/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AC-A53KJ-125-10/2020 (Mahkamah Sesyen)

On the balance of probabilities the court found that a collision occurred involving Plaintiff's motorcycle and Defendants' motorcar and that Defendant 1 was negligent in striking Plaintiff from behind; Defendants failed to adduce rebuttal evidence; Defendant 3 failed to prove fraud or conspiracy; liability is 100% on Defendants (vicarious liability for Defendant 2 as owner) and Plaintiff is awarded damages with specified breakdown; counterclaim by insurer dismissed.
20 Jan 2022

1. ) SARAVANAN A/L SUBRAMUNIAM 2. ) SHIROMANI DEVIKA MEDAGAMA AGENSI PEKERJAAN JASA TENAGA SDN BHD

Citation

WA-12BNCvC-27-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-27-04/2021 (Mahkamah Tinggi)

On re-hearing the High Court concluded the Sessions Court erred in treating a document which originated from the defendant and was placed in the common bundle as disputed and in drawing an adverse inference for failure to call foreign witnesses. Considering the agreed documentary evidence and the Sri Lankan authority's findings of irregularities, on the balance of probabilities the impugned agreement originated from the defendant and its irregularities led to the plaintiffs' loss; appellate intervention was warranted, the sessions court judgment was set aside, appeal allowed, costs awarded an…

Malaysia Case Law

CHE AZIAN @ ZULAZLI BIN CHE IBERAHIM [ ]

ISMAWARDI BIN ISMAIL

Tay Cher Boon [ ]

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MURUKAN A/L RAMAKRISHNAN 2. ) RAJA SEKAR SELVAM

NIA WAI KONG [Timbalan (TPR), Jabatan Peguam Negara]

RAVI A/L LATCHUMANAH 1. ) Gunalan A/l Gopal 2. ) Yesu Steven A/l Gunalan PIHAK KETIGA LIBERTY GENERAL INSURANCE BERHAD (DAHULUNYA DIKENALI SEBAGAI AM GENERAL INSURANCE BERHAD)(NO. SYARIKAT: 44191-P)

1. ) SARAVANAN A/L SUBRAMUNIAM 2. ) SHIROMANI DEVIKA MEDAGAMA AGENSI PEKERJAAN JASA TENAGA SDN BHD