Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Investigation duties

  • 4 Nov 2025

    Khairul Anuar Bin Daud

    Citation
    JA-62R-12-09/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    JA-62R-12-09/2022 (Mahkamah Sesyen)

    Prosecution failed to prove essential elements of the offence: although P12 was found to be forged, there was insufficient and contradictory evidence that the accused dishonestly used and sent that forged document within the charged timeframe and that he had reason to believe it was forged; inadequate investigation and failure to preserve or verify deleted email records produced reasonable doubt and prevented a prima facie case — therefore accused must be acquitted and discharged at the close of prosecution's case.

  • 8 Sept 2020

    PENDAKWARAYA CHAN KAM YOE

    Citation
    WA-45A-47-11/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-45A-47-11/2018 (Mahkamah Tinggi)

    Prosecution failed to establish a prima facie case because it did not prove that the accused had custody or control sufficient to trigger the s.37(d) presumption nor that he had knowledge necessary for ‘trafficking’ under s.2 and s.39B; additionally gaps and unexplained opportunities for tampering during storage at DHL and inadequate investigation into the named sender and co‑actor broke the chain of custody and left reasonable doubt.