Malaysia Case Law: Decisions & Judgments

Topic

Identification parade (kawad cam)

Legal area

Court

28 Jul 2025

Azmir Mirza Bin Mahmud [Timbalan (TPR), Jabatan Peguam Negara]

Citation

CB-42JSKS-4-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

CB-42JSKS-4-08/2023 (Mahkamah Tinggi)

Appeal allowed because the trial judge materially erred by treating the complainant as 'unusually convincing' without the required detailed analysis, by relying on a stale identification parade conducted long after the incident without adequate assessment of its quality, and by treating DNA and supporting witness evidence as sufficient links to the penetrative act when they merely showed presence or repeated the complainant's account; overall conviction was unsafe and was set aside.
22 Jun 2025

INSP RADHIAH BINTI AHMAD SUSPEK KOK SIONG YIAN

Citation

JA-89RE-4877-06/2025 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JA-89RE-4877-06/2025 (Mahkamah Majistret)

The application for extension of remand was refused because the investigating officer relied on reasons already advanced at the prior remand without explaining why those matters were not addressed during the earlier remand; the police did not demonstrate reasonable diligence or identify witnesses for identification; there was no satisfactory medical evidence establishing grievous hurt for s.326 nor clear nexus for s.506 tied to the accused; administrative tasks did not justify further detention and statutory alternatives (s.118 bonds, s.388 police bail) were available, so the court was not sa…
30 May 2024

MOHD FAUZI BIN ABU BAKAR

Citation

KA-41LB-6-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

KA-41LB-6-12/2023 (Mahkamah Tinggi)

Appeal dismissed because the prosecution failed to establish a prima facie case: identification evidence was unreliable (fleeting sighting, poor lighting, goggles, flawed kawad cam with non‑compliant participants and no supporting forensic evidence), and an unamended incorrect charge date caused confusion and prejudice to the respondent’s defence, together rendering conviction unsafe; magistrate’s discharge and acquittal therefore upheld.
13 Dec 2023

VASUTHEVAN A/L PALANIAPPAN

Citation

B-05(M)-410-09/2022 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-410-09/2022 (Mahkamah Rayuan)

The court upheld the conviction because SP1 was a credible direct eyewitness whose testimony was materially corroborated by other witnesses (SP6, SP12), forensic pathology (25 incised/tetak wounds including fatal neck wound) and fingerprint evidence linking the appellant to the scene; although the kawad cam identification was tainted by prior publication and was rejected, SP1 had made clear contemporaneous identifications and dock identification which, together with corroborative evidence, proved identity beyond reasonable doubt; absence of DNA profiling and non-calling of certain third parti…
15 Aug 2023

[ ] LIEW WIN THAI

Citation

CB-42H-14-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

CB-42H-14-12/2021 (Mahkamah Tinggi)

Conviction unsafe and therefore quashed because the trial judge improperly placed decisive reliance on identification evidence from a kawad cam and in-court ID despite material inconsistencies between witnesses, inadequate scrutiny of how the identification was made, and absence of corroborating physical exhibits and laboratory evidence; the trial judge also failed properly to evaluate defence evidence, resulting in an unsafe verdict.
8 Oct 2021

Sarawanan a/l Rajasegaran

Citation

BA-42S-11-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-42S-11-02/2020 (Mahkamah Tinggi)

Conviction was upheld because in‑court dock identification by SP1 and SP2 was reliable and corroborated despite procedural defects in kawad cam; SP3 was correctly found not credible and his inconsistent statements were rejected; alibi evidence failed to raise reasonable doubt; however the sentence was excessive in length from trial court so appellate court reduced imprisonment to 12 years and 3 strokes to run from 6.2.2020.
30 Sept 2020

PENDAKWARAYA Aza Fyreen Binti Abdul Aziz 1) MOHD FARID BIN KAMARUDDIN 2) AZZIZUL RAHIM BIN MOHAMAD

Citation

AA-62RS-48-10/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-62RS-48-10/2019 (Mahkamah Sesyen)

Because of material and irreconcilable contradictions in identification evidence, coupled with investigative deficiencies and unreliable witness testimony, the prosecution failed to prove a prima facie case; accordingly the accused were discharged and acquitted without being called to enter defence.
22 May 2020

PENDAKWARAYA PENDAKWARAYA SAYEDAMANULLAH A/L SULAIMAN

Citation

WA-62RS-57-03/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-62RS-57-03/2019 (Mahkamah Sesyen)

Complainant's consistent positive in-court identification corroborated by identification parade and contemporaneous observation, together with evidence of three perpetrators, theft of specific items and use of a blade, established all elements of gang-robbery under s395 read with s397 beyond reasonable doubt; the accused's alibi was uncorroborated and failed to raise reasonable doubt; accordingly guilty verdict and sentence imposed.