Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Id parade procedures
  • 28 Oct 2022

    [ ] GOPAL NAIR A/L KRISHNAN

    Citation
    BA-45-22-05/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45-22-05/2018 (Mahkamah Tinggi)

    The court found the prosecution failed to establish the identity of the accused on a prima facie standard because identification evidence was unreliable or procedurally defective (including non-compliance with Turnbull guidelines and ID parade safeguards, twin-identification ambiguity, and labelling/signature errors), medical evidence did not corroborate alleged slashing, and alibi/denial evidence further undermined linkage; accordingly no prima facie case existed and all accused were acquitted and discharged.