11 Mar 2024
MOHD SALWAN BIN AB AZIZ
- Citation
- AB-42JSKS(A)-1-03/2023 (Mahkamah Tinggi)
- Court
- A
- Case number
- AB-42JSKS(A)-1-03/2023 (Mahkamah Tinggi)
Convictions were unsafe due to material procedural errors: trial judge failed to comply with s.402A CPC and ss.159/162 CPC when charges were amended (failing to inform accused of alibi rights and to allow recall/re-examination of witnesses), impeached a defence witness without affording opportunity to explain contradictions, and did not properly evaluate defence evidence (including alibi roster); these errors required setting aside convictions and ordering retrial before a different judge.