Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Deference to trial judge on credibility

Legal area

Court

9 Jan 2025

Che Sa'adon Bin Che Yahya [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

Citation

T-06B-38-05/2022 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

T-06B-38-05/2022 (Mahkamah Rayuan)

The Court held the conviction stands because the prosecution proved all elements of using a forged document: the accused produced and used receipt P8 to claim RM600, witnesses showed P8 was not issued by the supplier, the accused had sufficient reason to believe the document was forged; the alternative charge framed as 'September 2016' was not fatally defective given the evidential window (17–29 Sept) and no prejudice; implicit permission to prosecute existed where a Deputy Public Prosecutor conducted the case; trial findings on credibility were entitled to deference. Therefore the appeals ag…
6 Jan 2025

Mohd Noor Affendi Bin Zauklfli

Citation

T-06B-3-01/2023 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

T-06B-3-01/2023 (Mahkamah Rayuan)

The Court of Appeal dismissed the prosecution appeals: the trial judge properly evaluated the evidence, the respondent successfully rebutted the s50(1) presumption on the balance of probabilities with an innocent explanation supported by witnesses and documentary gaps, and the prosecution failed to prove money laundering beyond reasonable doubt; no compelling reason existed to disturb the factual findings or credibility assessments of the lower courts.