13 Aug 2021
Nguyen Van Chung [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- B-05(M)-488-10/2019 (Mahkamah Rayuan)
- Court
- M
- Case number
- B-05(M)-488-10/2019 (Mahkamah Rayuan)
The Court of Appeal held that the prosecution's failure to call an important eyewitness (Nguyen Thi Ly), who was said to have been present, prejudiced the prosecution's case; the trial judge erred by relying predominantly on the interested witness (SP5) and failing to apply s114(g) Evidence Act 1950; because the prosecution had not discharged the burden beyond reasonable doubt the conviction for murder was unsafe and was quashed and the death sentence set aside.