26 Jun 2025
SATIA A/L BALU
- Citation
- WA-42H-12-10/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-42H-12-10/2024 (Mahkamah Tinggi)
The conviction was unsafe because the identification parade was irregular and suggestive, the victim's testimony contained material inconsistencies and was affected by intoxication, crucial CCTV footage was not produced (warranting an adverse inference under s114(g) Evidence Act 1950), and forensic DNA did not link the appellant to the victim; the trial judge failed to properly evaluate these matters and the defence, such that a reasonable doubt existed. Accordingly the appeal is allowed and the conviction and sentence are set aside; appellant acquitted and discharged; prosecution's appeal ag…