17 Aug 2025
ISMAWARDI BIN ISMAIL
- Citation
- KA-45A-47-08/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-45A-47-08/2022 (Mahkamah Tinggi)
Material discrepancies between the wife's written statement (D21) and police testimony, combined with the investigating officer's failure to conduct meaningful follow-up investigation and the prosecution's refusal to call a material and available witness, prejudiced the accused; once an Alcontara-type notice was effectively given, the burden shifted to the prosecution to investigate and rebut, and the court was entitled to draw an adverse inference under s.114(g); therefore it was unsafe to order the accused to enter his defence and he must be acquitted and discharged.