Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Dna/fingerprint evidence
  • 13 Dec 2023

    VASUTHEVAN A/L PALANIAPPAN

    Citation
    B-05(M)-410-09/2022 (Mahkamah Rayuan)
    Court
    M
    Case number
    B-05(M)-410-09/2022 (Mahkamah Rayuan)

    The court upheld the conviction because SP1 was a credible direct eyewitness whose testimony was materially corroborated by other witnesses (SP6, SP12), forensic pathology (25 incised/tetak wounds including fatal neck wound) and fingerprint evidence linking the appellant to the scene; although the kawad cam identification was tainted by prior publication and was rejected, SP1 had made clear contemporaneous identifications and dock identification which, together with corroborative evidence, proved identity beyond reasonable doubt; absence of DNA profiling and non-calling of certain third parti…