Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Depositions under atipsom
  • 24 Jun 2022

    [ ] Citara

    Citation
    BA-45SOM-4-02/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45SOM-4-02/2020 (Mahkamah Tinggi)

    The court accepted the admissibility of photographic exhibits via witness oral evidence under s.90A, admitted the accused's statement under SOSMA s.18A and the migrant's deposition under s.61A ATIPSOM; on maximum evaluation of prosecution evidence (CCTV, passports, boarding passes, accused's admission and migrant's deposition) all essential ingredients of Section 26A ATIPSOM were established—arrangement/assistance in unlawful exit, accused's knowledge or reasons to believe unlawfulness, migrant's non-citizen status and provision of assistance—therefore prosecution proved a prima facie case an…