Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Corroboration of witnesses

Legal area

Court

23 Jun 2023

TSANG KAR WAI [Jabatan Peguam Negara]

Citation

WA-42S-10-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42S-10-10/2022 (Mahkamah Tinggi)

Appellate court found the trial judge erred in fact and law by failing to properly evaluate the accused's defence and corroborating testimony of co-arrestee, and by ignoring material weaknesses in the labelling and chain of custody of urine samples; those infirmities raised a reasonable doubt as to identity of the sample and thus conviction could not be sustained; conviction set aside and accused acquitted and discharged.
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.