Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Non-production of exhibits

Legal area

Court

15 Jul 2025

MOHD IKMAL HAFIFI BIN RASHID

Citation

BJ-82D-1-08/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BJ-82D-1-08/2023 (Mahkamah Majistret)

The prosecution failed to establish an unbroken chain of custody and the identity/integrity of the urine sample: the urine bottle and photographs were not produced, escorting officers were not called, the pathologist was not called to verify the report (ID5) and the investigating officer could not account for the exhibit; these gaps defeated a prima facie case and justified acquittal at the close of the prosecution, with s114(g) invoked to draw adverse inference against the prosecution.
30 Oct 2023

Tarumacanan A/l Teagarajan [ ]

Citation

B-09(H)-159-04/2022 (Mahkamah Rayuan)
Court

H
Case number

B-09(H)-159-04/2022 (Mahkamah Rayuan)

Appeal dismissed because trial and appellate judges made concurrent credibility findings supported by the evidence; the defence that appellants attended to collect a debt was inherently improbable, inconsistently presented and not corroborated; non-production of the robbed items did not undermine the credible eyewitness testimony; no miscarriage of justice or error of law justified appellate interference.