Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Right to cross-examination

Legal area

Court

29 Oct 2021

1. ) RAHIM BIN ABDUL RAHMAN 2. ) HALIM BIN NOR

Citation

PA-42S-30-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-42S-30-11/2019 (Mahkamah Tinggi)

Material contradictions in the prosecution case concerning the timing of the raid and the provenance of the seized packets, together with an unexplained change of dates in the investigator's account and failure to afford the accused the opportunity to cross-examine after the prosecution was permitted to elicit additional clarifying evidence, meant the prosecution had not proved a prima facie case; the trial judge therefore erred and the convictions and sentences were quashed and the appellants acquitted and discharged.
29 Jul 2020

SITHRADEVI A/P NAGALINGAM 1. MASDAR BIN DARMAN 2. SAMSUDIN BIN HAJI DARMAN PENCELAH MAJLIS PEGUAM MALAYSIA

Citation

02-33-04/2017(W) (Mahkamah Persekutuan)
Court

W
Case number

02-33-04/2017(W) (Mahkamah Persekutuan)

The Federal Court held the Disciplinary Committee/Board proceeded without satisfying ss109 and 138 Legal Profession Act 1976 because there was no admissible proof of prior service/notification; that failure denied the appellant a real opportunity to be heard and to cross-examine, breaching natural justice; documentary evidence was not properly weighed and the high standard of proof required for findings of deceit/fraud was not met; accordingly the disciplinary decision and appellate decisions were set aside and the appellant reinstated.