Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Police investigation and witness calling

Legal area

Court

4 Nov 2024

1. ) Sagar Sharma (W/india) 2. ) Shubham Sharma (W/india) [ ]

Citation

B-05(M)-527-11/2022 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-527-11/2022 (Mahkamah Rayuan)

The Court allowed the appeals and set aside the convictions and death sentences because the High Court failed to properly evaluate prosecution evidence at the close of its case, in particular it erred to rely on s27 material and police reports without requisite oral proof or contemporaneous record and without assessing voluntariness; consequently a proper prima facie case was not established and the convictions were unsafe.
4 Feb 2020

AQMAL FAEZAT BIN NAZLAN

Citation

45A-26-04/2019 & 45-7-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

45A-26-04/2019 & 45-7-04/2019 (Mahkamah Tinggi)

Prosecution failed to prove a prima facie case because it did not exclude the possibility of third‑party access to the vehicle or establish exclusive possession/knowledge by the accused, and prosecution failed to call material witnesses (Alif, Syamil, Dini); absence of these investigations and evidence created reasonable doubt and statutory presumptions under s37 could not be applied; accordingly the accused was acquitted and discharged at the close of the prosecution case.