25 Jun 2020
PENDAKWARAYA PN NORDIYANASARI OMAR 1. KHAIRUL AKMAL BIN YOB 2. JASPRI BIN SHAARI
- Citation
- 62RS-11-04/2019 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- 62RS-11-04/2019 (Mahkamah Sesyen)
The identification process was improperly and unfairly conducted (age/stature disparities, reuse of participants and suggestiveness), essential identification evidence was unreliable, there was no sufficient independent link between the accused and the stolen property (conflicting evidence on recovered items and cattle identification), and the defence raised reasonable doubt; consequently the prosecution failed to prove the charge under Section 395 read with Section 397 beyond reasonable doubt and the accused were acquitted.