20 Mar 2024
MOHD ADI HASARLI BIN ARIFFIN
- Citation
- AA-83-7-01/2022 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- AA-83-7-01/2022 (Mahkamah Majistret)
Prosecution failed to call and/or investigate identified material public witnesses (Syaminuddin and Ragavan) creating a material gap such that prima facie case under s41(1) was not proved; absence/non-production of CCTV was not fatal where CCTV did not exist or was unclear; however admitted facts and prosecution evidence sufficed to establish an offence under s43(1) (driving without due care and attention), permitting amendment of the charge under s158 CPC and conviction under s43(1).