Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Id parade procedure
  • 28 Oct 2022

    [ ] GOPAL NAIR A/L KRISHNAN

    Citation
    BA-45B-19-04/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45B-19-04/2018 (Mahkamah Tinggi)

    The court acquitted and discharged all three accused because the prosecution failed to prove the identity of each accused on a prima facie standard: key witnesses gave inconsistent and unreliable accounts; identification evidence failed Turnbull scrutiny; ID parade reports were flawed (labelling errors, absence of signatures, non‑attendance of witnesses to prove parade identifications) and special problems arose with identical twins making identification unsafe; medical evidence did not support the alleged slashing injuries. Consequently there was insufficient evidence to call the accused to…