16 Dec 2022
[ ] 1. ) CHONG AH KEONG 2. ) XXXX
- Citation
- AA-45B-11-11/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-45B-11-11/2018 (Mahkamah Tinggi)
The prosecution failed to make out a prima facie case of murder against both accused under section 180 CPC because critical evidence was inadmissible or missing: CCTV recordings from a third-party property were not admitted under s90A Evidence Act and the prosecution failed to call material witnesses (CCTV owner, deceased's father, initial investigating officer) leaving gaps in the chain of evidence; although jewellery was proven to be in the accusedes' possession, the circumstantial proof did not irresistibly and conclusively establish that both accused in furtherance of a common intention c…