14 Oct 2021
PENDAKWARAYA Pendakwaraya Juliana Binti Shamsuddin
- Citation
- BL-82-1-02/2020 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- BL-82-1-02/2020 (Mahkamah Majistret)
Prosecution failed to prove elements two (causing evidence to disappear) and three (intention to protect offender) beyond reasonable doubt because of unresolved gaps in chain of custody, non-calling of the material witness alleged to have destroyed or disposed the exhibit (Sjn Nazarul) giving rise to adverse inference in favour of accused, presence of alternative explanations and missing direct evidence; the available circumstantial evidence did not exclude reasonable doubt and thus no prima facie case was established, warranting discharge and acquittal.