Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Failure to call investigating officer

Legal area

Court

31 Jul 2022

MOHD HELMI BIN MAT NAWI 1. ) DHARMALINGAM A/L SAHAYAM 2. ) HANSON BUILDING MATERIALS MALAYSIA SDN BHD

Citation

JA-A53KJ-718-10/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-718-10/2021 (Mahkamah Sesyen)

Plaintiff failed to discharge the onus to prove defendant's negligence and causation; plaintiff's account was internally inconsistent and implausible given available sight lines and the agreed accident diagram; defendant's version was consistent with contemporaneous police report and diagram; plaintiff's delay in lodging the police report and failure to call the investigating officer were materially prejudicial; on the balance of probabilities plaintiff was solely contributorily negligent and therefore the claim is dismissed with costs.
23 Oct 2020

ADAM BIN HASSAN

Citation

PA-42S-27-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-42S-27-10/2019 (Mahkamah Tinggi)

Trial judge misdirected by rejecting a properly notified alibi at close of prosecution; prosecution failed to investigate or rebut the alibi (including failure to secure CCTV and to call the original investigating officer) and there was no positive identification by the child; cumulative defects made the conviction unsafe and appellate court quashed the conviction and acquitted the appellant.