28 Jul 2021
PENDAKWARAYA Pendakwaraya 1. MOHANAKRISHNAN A/L MANIAM 2. KOKILAMBAL A/P MANIAM
- Citation
- 62-05-05/2019 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- 62-05-05/2019 (Mahkamah Sesyen)
Court allowed the prosecution's application for discharge without acquittal (DNAA) under section 254 because material witnesses (notably SP5 and SP8) remained under examination so the merits were not fully heard; reinstatement of trial and reuse of evidence is permitted under s254A where witnesses have been called; therefore A&D under s254(3) is inappropriate at this stage absent failure of prosecution to establish a prima facie case under s173(f)(ii).