Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Burden shift to defence
  • 15 Dec 2025

    MOHD ROSLAN BIN ZAKARIA

    Citation
    TA-42R(A)-3-08/2024 (Mahkamah Tinggi)
    Court
    A
    Case number
    TA-42R(A)-3-08/2024 (Mahkamah Tinggi)

    Prosecution proved beyond prima facie standard that appellant, a public officer, took material actions (preparing applications, procuring and endorsing quotations and supporting documents) that influenced procurement outcomes benefiting family companies thereby activating the statutory presumption under Section 23(2); appellant failed to rebut the presumption on the balance of probabilities (superior orders, urgency and lack of personal gain insufficient), therefore convictions under Section 23(1) and the sentences imposed by the Sessions Court were upheld.