Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Exhibit handling

  • 8 Aug 2025

    MOHD.FHADLI BIN MHD.ROSDI

    Citation
    PA-82D-3-01/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    PA-82D-3-01/2022 (Mahkamah Majistret)

    Because the Court of Appeal had already found a prima facie case and called the accused to defend, the trial court's task was limited to determining whether the defence raised a reasonable doubt. The prosecution's failure to preserve and produce original Exhibit P6 for inspection by the accused at defence stage materially prejudiced the accused's right to a fair trial; that prejudice established a reasonable doubt and amounted to a miscarriage of justice, warranting discharge and acquittal at the close of defence.

  • 31 Jul 2023

    BA-82D-2-01/2020 (Mahkamah Majistret)

    Citation
    BA-82D-2-01/2020 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BA-82D-2-01/2020 (Mahkamah Majistret)

    The prosecution failed to prove the essential element of possession (control and knowledge) because access to the office was not shown to be controlled, the chain of custody and identification of exhibits was defective, and the key seizing officer (SP2) was unreliable and inconsistent; accordingly there was no prima facie case and the accused was discharged and acquitted of all charges.

  • 1 Mar 2022

    1. ) OOI KHAI SHEN 2. ) SITI FAIRUZ BINTI MOHD ABU

    Citation
    AB-62RS-7-09/2020 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    AB-62RS-7-09/2020 (Mahkamah Sesyen)

    The prosecution failed to prove a prima facie case under sections 395/397 Kanun Keseksaan because the complainant's evidence contained material inconsistencies, crucial investigative steps were not taken, there was no reliable eyewitness corroboration and the exhibits did not cure the gaps; accordingly both accused were discharged and acquitted without being called to enter defence.