10 Sept 2025
ISLAM RABEA MOHAMED ISMAIL ELBANNA [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- W-05(SH)-22-01/2024 (Mahkamah Rayuan)
- Court
- SH
- Case number
- W-05(SH)-22-01/2024 (Mahkamah Rayuan)
The Court of Appeal allowed the appeal on the first charge: prosecution offered the material witness Fathe but failed to secure his attendance or produce his recorded statement, and the trial judge failed to properly evaluate defence evidence (SD2 and the appellant's cautioned statement) in breach of the duty to consider all evidence under s182A CPC; those failures prejudiced the defence and rendered the conviction unsafe, so the presumption of trafficking was rebutted on the balance of probabilities and the conviction and sentence for the first charge were quashed and the appellant acquitted…