Malaysia Case Law: Decisions & Judgments

Topic

Credibility and cross-examination

Legal area

Court

25 Sept 2025

ALIAS BIN JAAFAR

Citation

JA-61R-12-05/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-61R-12-05/2021 (Mahkamah Sesyen)

Prosecution proved all elements beyond reasonable doubt: bank records and unimpeached witness testimony established receipt of monies; purpose established as payment to expedite official FSC inspections amounting to gratification contrary to s17(b); accused failed to report as required by s25(1); failure to effectively challenge key witnesses rendered their evidence admissible and credible; conviction and sentence followed.
4 Aug 2020

1. MOHD FAUZAN BIN MOHD ZAAIM 2. MOHAMMAD HAIZAN BIN ABD RAHMAN 3. ZAINI BIN JARKASI 4. MOHD ARIF BIN KADIR

Citation

JB-41S-4-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JB-41S-4-04/2019 (Mahkamah Tinggi)

On the facts the court accepted the prosecution witnesses as credible, found the drugs in open view in front of the appellants, chain of custody and chemist report established the nature and weight (29.45g) of the drugs, and inferences from proximity, silence and conduct established animus possidendi and knowledge; accordingly the Magistrate's conviction under Dangerous Drugs Act s39A(1) read with s6 and s34 Penal Code was correct and the appeal was dismissed.
24 Sept 2019

1. CHONG KOK MING (NRIC NO: 710911-06-5435) 2. TAN TAT WEI VICTOR (SINGAPORE PASSPORT NO: E4758551N) CJ STAINLESS STEEL SDN BHD. (COMPANY NO: 660254-W)

Citation

JA-28NCC-102-06/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JA-28NCC-102-06/2018 (Mahkamah Tinggi)

The Court found the shareholders operated on a partnership-like understanding with mutual trust and confidence and that the relationship irretrievably broke down as evidenced by the Sept 2017 meeting, the Oct 2017 resolution to sell and cease operations, the exclusion of the Petitioners from management in Nov 2017, the allegations in Jan 2018 and the attempted removal; the Petitioners were credible whereas key Respondent witnesses were not; accordingly it was just and equitable under s465(1)(h) to wind up the company and to award costs.

Malaysia Case Law

ALIAS BIN JAAFAR

1. MOHD FAUZAN BIN MOHD ZAAIM 2. MOHAMMAD HAIZAN BIN ABD RAHMAN 3. ZAINI BIN JARKASI 4. MOHD ARIF BIN KADIR

1. CHONG KOK MING (NRIC NO: 710911-06-5435) 2. TAN TAT WEI VICTOR (SINGAPORE PASSPORT NO: E4758551N) CJ STAINLESS STEEL SDN BHD. (COMPANY NO: 660254-W)