17 Aug 2025
ISMAWARDI BIN ISMAIL
- Citation
- KA-45-24-08/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-45-24-08/2022 (Mahkamah Tinggi)
The court found material investigative failures: SP6 did not investigate the defence disclosure (D21) and the prosecution failed to call the material witness Norlela binti Shamat whose testimony was necessary to resolve conflicting accounts of arrest, warnings, access to the car and discovery of the bag. Those unresolved, material contradictions deprived the accused of a fair trial, justified drawing an adverse inference under s.114(g) Evidence Act against the prosecution and rendered it unsafe to call the accused to enter defence. The accused was therefore discharged and acquitted.