31 May 2022
PUAN MUNA BINTI JAFFAR MOHAMMAD AZIZAN BIN SAHUL HAMEED
- Citation
- PA-45A-24-05/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-45A-24-05/2019 (Mahkamah Tinggi)
Prosecution failed to exclude reasonable possibility that others had access to and control of the vehicle and failed to call a material witness (Muhammad Adnin) whose evidence could negate prosecution narrative; the presumption in s37(h) ADB did not apply because the accused was not shown to be owner or person in charge; therefore there was no prima facie case and the accused was discharged and acquitted without being called to enter his defence.