13 May 2022
Muhammad Fakruradzi Bin Hussin [ ]
- Citation
- CB-41S-8-09/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-41S-8-09/2021 (Mahkamah Tinggi)
Appellate court held the magistrate's conviction was unsafe because the magistrate improperly penalised the defence for not calling witnesses, effectively shifting the burden of proof; exclusion of statements for lack of caution narrowed admissible evidence and the remaining prosecution evidence linking the appellant to the drugs was insufficiently supported and therefore the conviction and sentence were quashed.