Malaysia Case Law: Decisions & Judgments

Topic

Eyewitness identification

Legal area

Court

10 Mar 2023

[ ] GOVINTARAN A/L SELVARAJAN

Citation

CB-45B-3-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

CB-45B-3-09/2020 (Mahkamah Tinggi)

The prosecution failed to establish a prima facie case of murder under section 300/302 because identification and causation were not established on the available evidence: eyewitness accounts were inconsistent and could not rule out other assailants in a multi‑person affray, no weapon or victim DNA linked the accused, and investigative shortcomings left reasonable doubt as to who inflicted the fatal injury; however the prosecution established a prima facie case for unlawful assembly under section 147, so the accused was discharged on the murder charge and called to enter his defence on sectio…
18 Nov 2021

LOGISWARAN A/L ANAMALAI [TIMBALAN ]

Citation

B-05(M)-481-09/2018 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-481-09/2018 (Mahkamah Rayuan)

The Court allowed the appeals and set aside convictions because the trial judge failed to properly assess the credibility and demeanour of key eyewitnesses having not heard them in full, failed to require or consider material witnesses and adequate investigation into alibi, and there were significant unresolved inconsistencies in identification and supporting evidence rendering the convictions unsafe; adverse inference under s114(g) was available against the prosecution for not calling material witnesses.
16 Oct 2019

KOONG SWEE KWAN

Citation

W-05(M)-494-10/2017 & W-05(SH)-516-11/2017 (Mahkamah Rayuan)
Court

M
Case number

W-05(M)-494-10/2017 & W-05(SH)-516-11/2017 (Mahkamah Rayuan)

The Court accepted the unshaken, reliable eyewitness identifications of SP13 and SP14 together with corroborative circumstantial evidence (SP3, SP15 and CCTV stills) and forensic findings; any misdirection about whether the defence was put to witnesses was not material and did not cause a miscarriage of justice under s60 Courts of Judicature Act 1964; accordingly the convictions for murder and attempted murder and the sentences were safe and affirmed.

Malaysia Case Law

[ ] GOVINTARAN A/L SELVARAJAN

LOGISWARAN A/L ANAMALAI [TIMBALAN ]

KOONG SWEE KWAN