20 Jun 2023
NAVINRAH A/L K.RAJAH
- Citation
- BA-45A-81-12/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-45A-81-12/2020 (Mahkamah Tinggi)
The court balanced prosecutorial discretion against the accused's right to fairness and concluded that because the prosecution repeatedly failed to procure attendance of a crucial arresting officer despite sufficient time, and the accused had been detained for nearly four years with no certainty the witness would be produced, it was unjust to leave the charge hanging; accordingly the court exercised its discretion under s.254(3) CPC to order discharge amounting to an acquittal and released the accused.