2 May 2023
MOHD SHAHRIZAN BIN MD ESA [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- CB-42JSKS-6-12/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-42JSKS-6-12/2021 (Mahkamah Tinggi)
Successor judge who relied solely on written notes/transcripts without personally observing a crucial witness (complainant) whose demeanour and credibility were central thereby risked materially prejudicing the accused; under s.261 CPC the appropriate exercise of discretion required ordering a de novo trial (or recalling witnesses), and therefore convictions based on that exercise were set aside and a new trial ordered.