30 Nov 2021
CHEAH HOUY LING
- Citation
- PA-42S-1-01/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-42S-1-01/2021 (Mahkamah Tinggi)
The High Court allowed the appeal: the indictment was materially defective because it failed to state that PW1 (the owner) entrusted the cheque to the appellant; the prosecution failed to prove entrustment and specific purpose by more than PW1's uncorroborated oral testimony (a witness with motive to recover money); absence of documentary evidence and investigative explanation created a gap rendering no prima facie case; conviction and sentence were set aside and bail returned.