24 Mar 2022
MOHD HIZRUL AMIR BIN MOHD HELMI
- Citation
- TA-83D-386-02/2020 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- TA-83D-386-02/2020 (Mahkamah Majistret)
Prosecution failed to establish a prima facie case because material contradictions and inconsistencies between oral testimony and the CCTV recording, failures in investigative procedure (including non-seizure/examination of mobile phones and unexplained omissions in seizure documentation), and the resultant attack on witnesses' credibility and chain of custody meant the court would not be prepared to convict if the accused remained silent; therefore the accused was discharged and acquitted without being called to enter defence.