25 Jan 2022
MUHAMAD FIQRIE BIN SHAFII LUQMANUL HAKIM BIN SALMAN
- Citation
- CB-41S-9-10/2020 dan CB-41S-10-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-41S-9-10/2020 dan CB-41S-10-10/2020 (Mahkamah Tinggi)
The High Court found the magistrate had erred in treating the driver's evidence as mere bare denial without proper evaluation; gaps in investigation (no fingerprinting, chain of custody concerns) and untested explanations raised a reasonable doubt as to knowledge and control, warranting acquittal. Separately, the magistrate's use of section 425A CPC to proceed in the absence of the second accused was irregular because the court had not made the necessary findings that the accused had absconded or applied the statutory safeguards; therefore convictions/sentences relating to the absent accused…