6 Sept 2023
[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MURUKAN A/L RAMAKRISHNAN 2. ) RAJA SEKAR SELVAM
- Citation
- WA-45A-83-11/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-45A-83-11/2021 (Mahkamah Tinggi)
Prosecution failed to establish a prima facie case because it did not prove exclusive possession or knowledge: key alternative owners or persons with access (Hariharan, Suresh/@Fire and other occupants) were not excluded; prosecution failed to secure attendance of essential witnesses and did not produce CCTV/visitor records; existence of unexplained pink bag and unanalysed phones further created reasonable doubt. Adverse inferences under s114(g) Evidence Act were warranted. On maximum evaluation the court was not prepared to convict if the accused remained silent; therefore accused were acqui…