9 Feb 2022
LAW KIAN MING [Jabatan Peguam Negara]
- Citation
- W-05(M)-587-12/2019 (Mahkamah Rayuan)
- Court
- M
- Case number
- W-05(M)-587-12/2019 (Mahkamah Rayuan)
The prosecution's failure to make available offered witnesses or to produce their s.112 CPC statements when those witnesses could not be located and when their evidence was material to the defence infringed the appellants' right to a fair trial; on the facts that failure was prejudicial, rendered the convictions unsafe and warranted quashing of conviction and sentence and acquittal of the appellants.
- Trafficking in methamphetamine
- Dangerous drugs act 1952 s.39b and s.37(da)
- Penal code s.34 common intention
- Criminal procedure code s.112 statements
- Duty of prosecution to disclose and call witnesses
- Adverse inference under evidence act s.114(g)