Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Prima facie case and calling defence
  • 20 Feb 2023

    Hii Siew Chung [ ]

    Citation
    Q-05(M)-162-03/2019 (Mahkamah Rayuan)
    Court
    M
    Case number
    Q-05(M)-162-03/2019 (Mahkamah Rayuan)

    The Court of Appeal allowed the appeal and acquitted the appellant because the prosecution relied on two circumstantial strands (last-seen identification by PW19 and s.27 discovery of an iron rod) that were not proven to the criminal standard: PW19's identification and timelines were contradicted by other prosecution witnesses and unsupported by the absent but material witness Jenny; the s.27 statement (Exhibit P69) lacked independent corroboration because other police and F&R witnesses were not called to confirm its provenance; forensic links were absent; cumulatively the circumstantial evid…