27 Jul 2022
YONG CHOO KIONG
- Citation
- AA-45-2-12/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-45-2-12/2020 (Mahkamah Tinggi)
The court held that while the proffered documents and testimony were relevant, they constituted hearsay aimed at proving the truth of a recantation and therefore were inadmissible because the defence failed to satisfy statutory prerequisites under s32(1) Evidence Act 1950 (no adequate proof SP15 could not be produced and no sufficient diligent efforts under Criminal Procedure Code), the documents' authenticity was doubtful (material inconsistencies and signature discrepancies) and, consequently, the additional evidence could not, when assessed with the trial record, raise a reasonable doubt;…